E-bikes are a popular mode of transportation for kids and adults alike. Mainly because they make cycling easier when traversing hills and taking longer trips that would be difficult on a non-motorized bike. In this article, we’ll cover when and how you can legally ride your e-bike, and what to do after an e-bike accident in California.
If you or a loved one has found themselves in an unfortunate e-bike accident, the Personal Injury Lawyers at Maison Law are standing by to discuss the incident. Contact us today, or at your earliest convenience, for a free case review.
California E-Bike Law
California leads the nation in e-bike adoption, allowing people a more efficient and smaller mode of transportation. However, with the popularity of these bikes booming across the Golden State, there has been a major uptick in e-bikes being used on public roads and bike paths alike. So, e-bike enthusiasts may wonder if e-bike riders are subject to the same laws as non-electric bicycles.
SB No. 1271 was signed into law in 2024 and is now in effect as of January 1st, 2025. This bill covers several new e-bike regulations to address the e-bike situation in California. The law states that an electric bicycle is a bicycle equipped with fully operable pedals and an electrical motor of less than 750 watts. Also, the new law separates e-bikes into the following three classes:
- Class 1: a low-speed pedal-assisted electric bicycle equipped with a motor, which provides assistance only when the rider is pedaling and ceases to provide assistance when a speed of 20 mph is reached
- Class 2: a low-speed throttle-assisted electric bicycle equipped with a motor used exclusively to propel the bicycle and NOT capable of providing assistance once a speed of 20 mph is reached
- Class 3: a low speed pedal-assisted electrical bicycle equipped with a speedometer, and a motor which provides assistance only when the rider is pedaling and ceases to provide assistance when a speed of 28 mph is reached
E-bikes are permitted to ride in the bike lane. However, Class 3 e-bikes cannot:
- Be ridden on bike trails
- Be ridden on sidewalks or in parks unless indicated otherwise
- Be operated by anyone under the age of 16 years old
- Be operated without a helmet
- Be operated while transporting passengers
CA Law Governing E-Bike Speed
Under California law, e-bikes are essentially treated the same as a standard bicycles. Although, there are exceptions. Since e-bikes are not considered motor vehicles, they are exempt from various laws and requirements that apply to motorcycles and automobiles. For example, e-bike operators do not need:
- Operator’s licenses
- State or local registration
- Motor vehicle insurance
- License plates
But since e-bikes can exceed the speed of most ordinary bicycles, their speed may be governed in a similar way as motor vehicles. In this article, we’ll explore how California law governs E-bike speed. In 2015, the California Legislature passed AB-1096. This law classifies e-bikes into three categories based on their maximum speed and method of operation. The classifications of e-bikes include:
- Class 1: a low speed pedal-assisted electric bicycle equipped with a motor, which provides assistance only when the rider is pedaling and ceases to provide assistance when a speed of 20 mph is reached
- Class 2: a low speed throttle-assisted electric bicycle equipped with a motor used exclusively to propel the bicycle and NOT capable of providing assistance once a speed of 20 mph is reached
- Class 3: a low speed pedal-assisted electrical bicycle equipped with a speedometer, and a motor which provides assistance only when the rider is pedaling and ceases to provide assistance when a speed of 28 mph is reached
Common E-Bike Violations and Fines
With law enforcement officials throughout Thousand Oaks Ventura County cracking down on e-bike regulations, it is important to know what is considered a violation and how much you could be fined. E-bike operators can be fined for:
- Not wearing a helmet: All riders under the age of 18 must wear a standard helmet when riding an e-bike. Failure to wear a helmet may result in a $25 fine.
- Exceeding top speed: The top speed of an e-bike should be under 20 mph, unless it is a Class 3, then it is 28 mph. If you exceed these speeds, then your e-bike may be considered a motorcycle, resulting in a $100 fine.
- Driving in no-go zones: E-bikes are generally allowed in bike lanes, the shoulder, or the road if it’s a class 3. However, no e-bikes are permitted on highways, which is considered a no-go zone and can result in a fine of around $100.
- Overloading: E-bikes are limited to a maximum load capacity of 180 pounds. If you are driving out of control due to overloading, you can be fined around $100.
- Not equipped with lighting: All e-bikes in California must be equipped with headlights and taillights for low visibility conditions. If an e-bike fails to meet these requirements, riders may be fined $25 per violation.
Can I Get a DUI on an E-Bike in California?
In the state of California, bicycling under the influence is a crime according to California Vehicle Code 21200.5. In order for a bicyclist to be convicted of a DUI while cycling, they would have to be displaying signs of intoxication while riding on a public highway. Bicycle DUIs have much lighter penalties than standard DUIs, usually resulting in a fine. However, this statute does not specifically address DUIs on e-bikes.
Since the law only applies to bikes “propelled exclusively by human power,” e-bike riders would be charged and penalized as if they were driving a motor vehicle while intoxicated.
What to Do After an E-Bike Accident
If you suffer an injury in an e-bike accident, seek medical attention immediately. Nothing is more important than your health. Call out to another cyclist or pedestrian to help you get immediate medical attention. After you get medical care, it is recommended to:
- Report the injury to police: It is recommended to always call the police after an accident. A police report will serve as evidence, as well as assign liability to one party or the other.
- Take your own photos of the scene and get witness statements. Any evidence you can gather to support your claim will come in handy later, especially if you decide to take legal action to pursue compensation.
- Follow up on your injuries with a doctor. Any injuries you’ve sustained from your accident will become a part of your case, and you will need a doctor to corroborate your injuries. Insurance companies will not consider compensating your injuries without verifiable medical documentation.
- Contact Maison Law to protect your rights to compensation. Most accident victims find themselves overwhelmed by the incident and fail to realize the enormous impact a serious bicycle injury can have on their lives. Our attorneys can help you understand your options and get you the compensation you need to make a full recovery.
How Comparative Negligence Law Applies to E-Bike Accidents
Comparative negligence is when more than one party is partially at fault for causing an injury and is covered under California Civil Code 1714. This law essentially states:
- You can recover damages in cases even if you are partially at fault
- If you and the defendant are found negligent, the jury assigns a percentage of fault to each party
- The total compensation awarded to you is reduced by your percentage of fault
- If you are 99% at fault, you can still receive 1% of the total case value
In the case of an e-bike accident, ultimately, fault will be determined by the details of the case and the judgment of a judge and jury if the matter goes to trial. Let’s say, for example, an e-bicyclist is looking down at their phone and slows down drastically with a vehicle behind them. The driver fails to stop in time and collides with the e-biker. The rider is thrown from their e-bike, causing them to suffer several injuries, such as a broken elbow, fractured skull, and bruised ribs. Who is at fault?
In a hypothetical situation like this, comparative negligence could come into play. A jury may find the driver 80% at fault for not stopping in time, while finding the bicyclist 20% at fault for checking their phone while riding on the road. So, if the jury awards the bicyclist $1,00,000, then their reward will be reduced by 20% of the fault, netting them $800k.
Average Settlement for California E-Bike Accident Injuries
The severity of your e-bike accident injuries will account for a majority of your overall compensation if you reach a successful settlement. While there are other determining factors, the following personal injury classifications can give you a rough estimate of what your case is worth.
- Minor injuries: Approximately $1,500 – $15,000 – minor injuries are considered sprains, strains, and minor cuts and bruises.
- Moderate injuries: Approximately: $15,000 – $100,000 – moderate injuries are considered fractures, herniated discs, and torn ligaments.
- Severe injuries: Approximately $100,000 – $1,000,000+ – paralysis and death can quickly exceed settlement amounts of around $1,000,000 or more.
Contact Maison Law | California E-Bike Lawyers
If you or a loved one has been injured in an e-bike accident, the E-Bike Accident Lawyers at Maison Law are here to help you get your life back on track. We understand how traumatic an e-bike accident can be, especially when you have to fight with the insurance company to get compensation for medical treatment and missed time at work. But with us, you’re not alone in this fight.
We take the necessary legal steps to restore your life and protect your right to compensation. Even if you were partially at fault for the accident, our firm specializes in reducing liability, or in some cases, removing it entirely.
Don’t wait until it’s too late to take legal action. Contact Maison Law today for a no-cost, no-obligation consultation.
