According to Statista, electric bike retailers throughout the United States are projected to sell 1.58 million units by the end of 2025 and bring in an estimated $2.17 billion in revenues. With a more year-round outdoor climate and one of the largest populations in the nation (i.e., an estimated 39.5 million residents), California shares a large part of this growing trend toward using e-bikes as primary or recreational means of transportation.
Why Are E-Bikes So Popular?
A growing number of Golden State drivers, health enthusiasts and other members of the public consider e-bikes a cost-effective, healthy and eco-friendly solution to many current societal problems. California also offers low-income and other e-bike users financial incentives to use e-bikes for transportation.
Yet, e-bike riders fall into the vulnerable road users category because a power-assisted bicycle doesn't provide the same level of safety as a standard motor vehicle. The number of accidents associated with electric bikes has also increased far beyond the norm for similar forms of transportation, such as manual pedal bicycles, mopeds and motorcycles.
Causes of California E-Bike Accidents
As reported by NBC's Bay Area Investigative Unit, the Mineta Transportation Institute told California lawmakers this year that 4,757 people suffered injuries from usage of electric bikes in 2023. Although 44,039 pedal bicycle injuries also occurred in the state, e-bike injuries resulted in a higher percentage of hospital visits, with 17% for e-bikes versus 12% for non-motorized bicycles.
In general, e-bike accidents result in more disabling and life-threatening injuries as well. National doctors and researchers have discovered a more than 350% rise in hospital visits in every state from e-bike accidents compared to e-bike sales. In California, staff at Marin Health Medical Center found the rate of dying after an e-bike accident in their area across a specific time frame was 37 times higher than the rate after a bicycle accident.
Legislators at state and local levels are attempting to establish new laws that restrict usage and increase safety, but e-bike accidents will continue to inevitably happen for a wide range of reasons. California has some of the most dangerous roads in the country because of large multi-lane highways, congested traffic conditions, poor infrastructure, regular construction disruptions, and distracted and negligent drivers.
Additionally, many residents and visitors don't receive enough instruction about how to use e-bikes or warnings about risks. They often think of power-assisted bikes as regular bicycles even though the designs and roadway travel speeds better match mopeds and motorcycles. California allows them to use e-bikes on bicycle paths, which adds to the confusion.
Some people aren't physically capable of handling an e-bike safely because of height, weight or mobility issues. They might attempt to ride their e-bikes at non-recommended or illegal speeds or permit children to ride without safety gear. Motor vehicle drivers and autonomous vehicles (AVs) don't always recognize that e-bikes can reach a speed of 20 mph or more in a few seconds and fail to anticipate potential related dangers.
Electric bikes also have a lot of design flaws. These vehicles use lithium-ion batteries that can overheat and cause a fire or even explode with enough force to create flying shrapnel. Some designs have defects, such as cheap, fast-wear parts that cause sudden locked bearings, sticking throttles, one or more tire blowouts, controller and front wheel failures, or breakdown of other stabilizing features. Additional flaws include low-to-the-ground frames and poor braking systems.
Primary Liability and Insurance Concerns
California lawmakers define an electric bicycle as having a less than 750-watt motor and fully operational pedals. An e-bike's primary purpose is to provide lasting speed assistance. E-bikes fall into three categories and speed limits. Class 1 and Class 2 bikes are designed to stop providing motorized assistance after reaching 20 mph. Class 3 transfers to pedaling after reaching 28 mph.
California power-assist bicycle riders don't have to fully follow all the rules of the road crafted for motor vehicle drivers. They're not required to have a license plate, driver's license, registration or insurance. That said, Class 3 riders must be at least 16 years old, never transport passengers, use authorized roads only, and wear a safety helmet. No e-bike is permitted on a road or highway marked with a prohibition sign. If a rider uses a powerful Class 3 bike, they can't ride it on a bike path or other trail.
Riders can be found negligent for any action that results in an accident and harm to people or property, especially if they don't follow rules designed for standard pedal bicycle riders. For this and other reasons, like high incidents of e-bike theft and vandalism, many insurance companies in California offer specialty e-bike coverage. Owners with coverage can submit an accident claim. Their insurer then uses scene evidence and an inspection to approve or reject the request.
California law for personal injury cases focuses on comparative negligence or shared liability. Insurers and court officials typically reduce the amount of compensation by the percentage of proven negligence. If an e-bike rider performed a negligent or reckless act that partially or fully contributed to causing an accident and one or more injuries, fatalities or other harm, they must share responsibility. They might have to pay for all or some damages. That said, even if the rider is almost entirely at fault, they might still be able to recover compensation equivalent to the non-fault percentage.
Tips for Handling an E-Bike Accident Case
The determination of fault starts at the accident scene. Whenever possible, an e-bike rider should record the names, contact and insurance details of anyone who might be at fault and the names and contact information of any witnesses and police. They should never admit to fault at the scene. They or their loved ones should then submit a claim to their insurer or the insurance company that covers the other party or parties. With an e-bike rental or AV incident, they should reach out to the rental company or the rideshare and owner companies, respectively.
If they're seriously injured, a fatality occurred, or they don't receive fair compensation, they should contact a personal injury lawyer who handles cases in the area where the accident took place. A local attorney knows the local court personnel and processes. They take away the headache-inducing burden of making and managing communications with insurers, the other parties or their lawyers, first responders and witnesses.
A personal injury lawyer also knows how to file a complaint with the local court without making mistakes that can cost time and money. They conduct research and gather additional evidence that supports their clients' claims and refutes the claims made by other parties. Most importantly, they don't usually require an upfront fee. They fight for a victim to achieve a settlement or fair court-approved compensation and then receive payment.
