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.

How a Lawyer Can Help E-Bike Accident Victims

The slightest careless act from another driver, construction crew, or pedestrian can turn an adventurous e-bike ride into a catastrophic, life-changing accident. But that’s where the E-bike Accident Lawyers at Maison Law can help. After an accident, cyclists are often blamed for causing the crash, making it extremely difficult for injured cyclists to recover costs. But not with us.

At Maison Law, our attorneys protect cyclists’ rights and will not hesitate to take legal action to secure compensation on their behalf. The damages we pursue for e-bike accident victims include:

Medical and hospital bills
Property damages
Occupational and physical therapy
Lost earnings and wages
Property damage
Lost earning capacity
Pain and suffering

Get a Free Consultation

Maison Law offers a free consultation to all injured victims in California. Our Personal Injury Attorneys are here to discuss the details of your incident at no cost to you and evaluate if you have an injury claim and the next steps you should take. Everything you discuss with us is protected under attorney-client privilege, even if you decide not to take legal action. For more information, contact us today for a no-cost, no-obligation consultation.

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.

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

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.

Typical Settlement Amount for an E-Bike Accident in California

There is no average compensation for e-bike injuries in California. The result of every personal injury lawsuit varies on a case-by-case basis, so it is difficult to determine the value of every case. However, certain factors can potentially increase your amount of compensation:

The severity and permanence of your injuries
The percentage of blame assigned to you in the accident (ranges anywhere from 1% – 99%)
Your age at the time of the accident
Your education level and occupation
Loss of enjoyment you’ve suffered due to injuries or mental trauma sustained from the accident
Loss of earnings
Future and present medical treatments

It is proven that payouts for bicycle crash injury victims tend to be higher for those represented by one of our E-bike Accident Attorneys at Maison Law than those who took legal action without representation.

How Maison Law Will Help You Win a Fair Settlement

At Maison Law, we protect injured e-bike riders by reaching successful settlements through:

Accurate damage calculation: we calculate damages based on expert testimony, medical evaluations, and economic analyses to cover every aspect of your current and long-term, medical needs.
Clear reports and expert witness testimony: our firm compiles detailed reports that outline the extent of your injuries and the impact they will have on the rest of your life. We organize expert witness testimony to reinforce the credibility of your claim and the incident.
Minimizing liability: if you file a claim or lawsuit against an at-fault party, they will most likely attempt to put some or all of the blame onto you. Our firm will analyze your case and work to minimize or eliminate liability in your personal injury accident.
Negotiating with insurers: our experienced team of lawyers are expert negotiators and understand the tactics insurance companies will take to attempt to minimize your damages and compensation. We ensure our clients receive a fair settlement that fully covers their current and future needs.
Court Representation: our trial lawyers will represent you in court and build a strong case, highlighting the depth of your injuries and the necessity for recovering damages.

Contact Maison Law | California E-Bike Accident Lawyers

Motorists and e-bike riders are often at odds on the road, and the same can be said when it comes to legal matters. E-bike riders often receive unfair blame for accidents and can face undeserved difficulties in recovering damages. But at Maison Law, we understand the rights of bicyclists and will fight to protect them.

E-bike riders are offered practically no protection from serious hazards, making them far more likely to be seriously injured in an accident, or in worst cases, killed. That’s why having an experienced Personal Injury Lawyer on your side is vital to recovering the compensation you need to get your life back on track. Don’t wait until it’s too late to take legal action. Contact us today for a no-cost, confidential consultation to see what legal options are available for your situation.

California E-bike Accident Lawyer