E-Bike Accidents: Are These Cases Different from Traditional Bicycle Injury Claims?

Electric bikes, or e-bikes, recently appeared in Southern California, and have rapidly become popular with everyone who can’t afford a motorcycle. E-bikes use small electric motors to assist the cyclist while pedaling. Once the e-bike reaches a pre-set limit, the motor cuts out, and the cyclist’s muscle power moves the bike alone.

E-bikes are not large or powerful enough to be classed as motorcycles, but they are fast enough to damage their riders or other people in accidents. Because e-bikes are relatively new and the laws and case law has not caught up with them, e-bike personal injury claims are different from ordinary bicycle injury claims.

What is an E-Bike?

Under California law (CVC 312.5 (a)) an e-bike is “bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power.” If the bicycle lacks pedals or the motor exceeds 750 watts, it is not an e-bike. There are three classes of e-bike, depending on the nature of the motor.

• Class-1. The motor assists the cyclist when pedaling. The assist stops at 20 mph.

• Class-2. The motor propels the bicycle. The motor cuts out at 20 mph.

• Class-3. The motor assists the cyclist when pedaling. The assist stops at 28 mph. This cycle must have a speedometer.

California law treats e-bikes like bicycles. The same rules apply to e-bikes as to bicycles, except where expressly prohibited. The state is developing new laws for e-bikes, but none have passed as of 2025. For now, riders should follow bike laws.

• E-bikes must travel with traffic, in designated bike lanes, or on sidewalks only when bikes are permitted.

• E-bikes are not permitted on freeways.

• Riders must wear bicycle helmets.

• Class-3 e-bike usage is restricted to riders 16 and over.

Accident Liability

Currently, e-bike riders do not have to have liability insurance, and most riders do not have it. E-bikes, like bicycles, may be covered by homeowner’s insurance, particularly if the rider is a minor. On the other hand, at roadway speeds up to 28 miles per hour, the vehicle could be classed as a “motor vehicle” and excluded from homeowner’s coverage.

Some cities have taken steps to limit the number of accidents by restricting sidewalk access, limiting riding behavior, and in some cases prohibiting minors from using the vehicles. Riders should review their city and county laws as well as the state laws.

Filing an e-bike accident claim is no different than any other claim, but the ambiguity of whether an e-bike is a “bicycle” or a “motorcycle” can leave riders in an insurance limbo. Riders should take care to follow all traffic laws, wear safety equipment, and discuss additional insurance coverage with their agent.

E-bikes bridge the gap between motorcycles and bicycles and help many people stay mobile today. The Brand Law Group is here when that gap becomes an accident scene. We can help you file your claim and get the compensation you need after an accident. Contact us today to discuss your case.