With advancements in battery technology, e-bikes are becoming more and more popular, especially in California. They offer the benefits of cheaper transportation while also providing opportunities for exercise and enjoying the outdoors.
However, they come with similar risks that plague regular bicycles and motorcycles. This means getting into an e-bike accident could mean devastating injuries that change your personal and professional life forever. If this happens to you, you could be entitled to financial compensation for your injuries and damage to your e-bike.
No, this money won’t necessarily make things okay, but it can help deal with the consequences of the accident. It might even offer a sense of justice and closure to this traumatic event. But how do you get this compensation? The best way is to contact the e-bike accident lawyers of Maison Law. Contact us to schedule a free, no-obligation consultation.
E-Bike Law in California
California is among the top states for e-bike adoption. But with so many e-bikes on its roads, the number of e-bike accidents has gone up. Because of this, California has special laws to address these vehicles and the risk they pose to others on the road and their riders.
In 2024, California enacted Senate Bill Number 1271. It’s currently in effect, and it defines an e-bike as an electric bicycle that has fully operable pedals and an electric motor of no more than 750 watts. The law also established three classes of e-bikes:
- Class 1: This pedal-assisted electric bicycle has an electric motor which provides mechanical assistance only when the rider is pedaling. This assistance stops once a speed of 20 miles per hour is attained.
- Class 2: This throttle-assisted e-bike has an electric motor that’s only used to propel the bicycle, and the motor is unable to provide mechanical assistance once a speed of 20 miles per hour is attained.
- Class 3: This pedal-assisted e-bike has a speedometer and a motor that provides mechanical assistance only when the rider is pedaling. The motor stops providing assistance once a speed of 28 miles per hour is attained.
E-bikes can generally use bicycle lanes in California. Access to trails, sidewalks, and parks may be restricted by local rules or the agency responsible for the location, so riders should check posted rules before riding. Class 3 e-bike operators must be at least 16 years old. Class 3 operators and passengers must wear a properly fitted and fastened bicycle helmet when riding on a street, bikeway, or public bicycle path or trail.
Pure Comparative Negligence Law
Because of the restrictions and rules concerning e-bike use, there’s greater potential for the rider to be at least partially at fault for the accident. But even if the e-bike ride contributed to causing the accident, that won’t necessarily bar them from recovering for their injuries and damages. This is due to the fact that California is a pure comparative negligence state.
If you get hurt in an e-bike accident and you’re partially to blame, you can most likely still recover some money for your damages. Let’s review an example to show how it works.
You’re riding your e-bike on a road when a car runs into you, causing you to crash. You suffer severe injuries, and your e-bike is completely ruined. A jury concludes you’re entitled to $120,000 in damages for medical bills, long-term medical care, lost wages from missed work, and a new e-bike.
However, because at the moment of impact you were looking at your phone while riding, the jury believes you’re 25% at fault. Instead of receiving $120,000 from the other driver, you’ll receive $90,000 (25% of $120,000 is $30,000; $120,000 – $30,000 = $90,000).
What To Do After an E-Bike Crash
The first thing you need to do is get necessary medical attention. Your health depends on getting proper treatment, but it’s also an important part of seeking compensation. By not getting medical attention, it gives the impression that your injuries aren’t serious and therefore only warrant minimal compensation.
If you’re not seriously injured after the e-bike accident, then try to gather as much information after the accident as possible. This means talking to witnesses about what they saw and getting their name and contact information. It also means talking to anyone else involved in the accident and asking for their names, contact information, and insurance information.
Next, you’ll want to contact the police. Even if it seems like a minor accident, it’s important to call the police because they can gather information about the accident to create a police accident report. This report may become useful if there’s a question of liability in the future. In addition to the above, you should also:
- Take photos of the accident scene. Ideally, you want to do this right after the accident. Pictures of damage to your e-bike, damage to the other vehicle, tire skid marks, any missing traffic signs or signals, road conditions, and present weather conditions will all be helpful evidence later on.
- Follow your doctor’s treatment recommendations. This will help you recuperate faster and heal more completely, but it’ll also help provide evidence of your injuries. Having an official diagnosis and receipts of medical costs go a long way to obtaining compensation from insurance companies.
- Contact a personal injury attorney. You don’t always need a lawyer to help get compensation following an e-bike accident, but it’s usually a good idea to do so. They can help with negotiations and prevent you from being taken advantage of or low-balled by the insurance companies. And should filing a lawsuit become necessary, they can help you take your case to court.
Common E-Bike Settlement Amounts in California
If you have to hire an attorney to seek compensation through litigation, you can expect three potential types of damages if you win or settle your case:
- Economic damages: These damages are intended to compensate you for financial harm, such as unpaid medical bills, property damage, and lost wages.
- Non-Economic damages: These are subjective damages that typically relate to psychological harm. Non-economic damages are intended to compensate you for things like emotional distress, pain and suffering, and loss of consortium.
- Punitive damages: Punitive damages are supposed to punish wrongdoing, not compensate victims. If the person liable for causing your e-bike accident acted in a malicious or reckless manner, such as trying to knock you off your bike because of road rage, then a punitive damage award is possible.
As for how much you can expect to receive, that depends on many variables, including:
- How permanent and severe your injuries are.
- Your level of fault, if any, in causing the accident.
- Your earning potential at the time of the accident.
- Whether there’s a need for future medical treatments.
- How your injuries have affected your personal life, including the amount of stress and anxiety it has caused.
- Whether there’s any reasonable dispute as to the cause of the accident.
Hiring a lawyer doesn’t guarantee a recovery, but it usually means you can recover more than if you tried negotiating with insurance companies or going to court by yourself.
Contact an E-Bike Accident Lawyer From Maison Law
Getting into an e-bike accident in California can be a life-changing event, and what you’re going through is very unfair. Unfortunately, there’s no way to undo what happened. You can, however, seek compensation for the harm you suffered, but you may need the help of an e-bike attorney.
This is where Maison Law comes in. We have experience handling personal injury accident cases, including those involving e-bikes. But we can’t help you until you contact us. By setting up a free, no-obligation consultation, we can examine your case and help you figure out what your options are and which ones make the most sense for you.
