E-Bike Laws and Bicycle Accident Claims

As electric bicycles have become common, the laws on bicycling and micromobility have started to change. E-bikes are heavier than traditional bicycles because of the motor and battery. Some have features a traditional bicycle lacks, such as a throttle. Many e-bikes also fall outside licensing requirements that apply to motor vehicles.

Rising emergency room injuries have raised concerns over e-bike safety. The CPSC estimates that about 155,200 e-bike injuries were treated in emergency departments from 2017 through 2024, and it is aware of 310 e-bike fatalities in that period. Just under 55 percent of those deaths involved motor vehicles, and 19 involved lithium-ion battery fires.

Electric bicycle on a road illustrating e-bike laws, cycling safety and bicycle accident claims.

Two Legal Systems, One Machine

Both federal and state laws regulate electric bicycles. In 2002, Congress made low-speed electric bicycles consumer products subject to the Consumer Product Safety Commission’s existing bicycle rules, and it allowed the agency to adopt new requirements for them. The CPSC began considering e-bike-specific rules in 2024. State and local laws cover where and how e-bikes can be ridden, and they vary by location, so two similar e-bikes can be governed by different laws depending on where they are ridden.

A bicycle accident lawyer can help determine a fair amount to reflect the severity of your injuries and any long-term or permanent medical conditions you suffer because of them.

The Class System Decides More Than Top Speed

In 2015, California became the first state to adopt a three-class system for electric bikes, and about 40 states have since followed with versions of their own. Under the California Vehicle Code, each class is powered by a motor of less than 750 watts. Class 1 e-bikes provide pedal assist up to 20 miles per hour. Class 2 e-bikes can be powered by the motor alone, without pedaling, up to 20 miles per hour. Class 3 e-bikes provide pedal assist up to 28 miles per hour and must have a speedometer. Helmet rules and age limits vary by class.

Under California e-bike laws, riders under 18 must wear helmets on any class, Class 3 riders of any age must wear one, and Class 3 riders must be at least 16. Cities, counties, and park agencies can also restrict where e-bikes ride.

Class 3 is where riders get caught out. It is the fastest class and has no throttle, because the motor only helps while the rider is pedaling. A bike sold as Class 3 with a throttle falls outside all three classes, and California law may not recognize it as an e-bike at all.

Where the Crash Claim Actually Turns

NHTSA’s 2024 data counted 1,103 pedalcyclists killed in crashes with motor vehicles, nearly 3 percent of all traffic deaths. The count includes riders on motor-assisted bicycles. About 81 percent of those deaths happened in urban areas, 60 percent happened away from intersections, and 52 percent happened in the dark.

Cyclists usually die somewhere other than an intersection. Poor visibility and road design may play a role in some crashes, though the actual cause is not always known.

Classification Shows Up in the Claim File

The type of bike involved matters after a crash. An adjuster can ask for the bike’s class early. This helps answer whether the rider was allowed on the path or lane, whether helmet rules apply, and how the insurer classifies the vehicle for coverage.

Most states follow comparative negligence. If an injured person is partly to blame, the award is reduced by the share of blame attributed to them. For Alabama, Maryland, North Carolina, Virginia, and the District of Columbia, contributory negligence applies. Here, an injured person who is even 1 per cent to blame may be barred from recovering anything. Where the rider was when the crash happened can affect how fault is argued. A Class 3 rider hit in a traffic lane, for example, may face more fault arguments than a rider hit in a marked bike lane, even if the same negligent driver caused both crashes.

Many newer e-bikes are built to fit within the existing classes, while some have higher speeds and more features than those classes anticipated. Some states have begun revising their definitions, and legal questions after a crash often turn on how the e-bike was used and which rules applied.