Personal injury guide
E-Bike and Bicycle Accidents
Cyclists and e-bike riders have the same rights on the road as drivers. When a driver’s carelessness causes the crash, the rider can make a claim.
The short answer
Same road, same rights
Bicycle and e-bike riders in California have the same rights on the road as drivers, and most of the same duties. When a driver’s carelessness causes a crash, an injured rider can make a claim just as a driver could.
E-bikes have added new questions. Riders travel faster, often among cars, and insurance companies sometimes try to shift blame to the rider based on speed, helmet use, or the type of e-bike.
Injuries in these crashes tend to be serious because a rider has little protection. Medical care comes first, and evidence from the scene matters as much as in any car crash.
Many riders do not realize that their own auto insurance can help after a bike crash, even when they were not in a car.
This guide covers the rules of the road for cyclists and e-bike riders, the most common crash patterns, and where compensation comes from.
1. A rider’s rights and duties
In California, a person riding a bicycle or e-bike on the road has the same rights and duties as the driver of a vehicle, with some rules specific to bikes. Riders generally travel with traffic and may leave a bike lane when it is safe to do so. A driver passing a rider must leave at least three feet, or slow down and pass only when it is safe.
2. E-bike classes in California
Class 1: pedal assist only, with the motor stopping at 20 mph
Class 2: a throttle that can move the bike without pedaling, stopping at 20 mph
Class 3: pedal assist only, stopping at 28 mph, with a speedometer
An e-bike’s motor must be under 750 watts. A bike that exceeds the class limits may be treated as a motor vehicle, which changes the rules that apply to the rider and the claim.
3. Helmet rules
Riders under 18 must wear a helmet on any bicycle or e-bike. Every rider of a Class 3 e-bike must wear a helmet, and riders under 16 may not operate a Class 3 e-bike.
An adult on a regular bicycle or a Class 1 or 2 e-bike is not required to wear a helmet. Insurers may still argue that a missing helmet made a head injury worse, but that argument depends on the medical evidence.
4. Common crash patterns
Right hook: a car passes the rider and turns right across the rider’s path
Left cross: an oncoming car turns left into the rider
A driver pulls out of a driveway or parking lot without looking
A car passes too closely or hits the rider from behind
Dooring: a parked car’s door opens into the rider
5. Dooring
California law prohibits opening a car door on the side of moving traffic unless it is reasonably safe, and leaving a door open longer than needed. The driver or passenger who opened the door may be responsible, and the parked car’s insurance often pays.
6. Shared fault
Insurers often argue that the rider was speeding, riding against traffic, riding at night without lights, or ran a stop sign. California requires a white front light and rear reflectors or lights for riding at night. Under comparative fault, any share of blame reduces a recovery but does not bar it. See our guide on who is at fault.
7. Who pays
The driver’s liability insurance
Your own uninsured or underinsured motorist coverage, which can apply even though you were on a bike
Medical payments coverage on your own auto policy
Your health insurance
8. Your e-bike and gear
Damage to your bike, helmet, phone, and clothing is part of the claim. Keep the damaged bike and gear, and do not repair or replace them until they have been photographed and, if needed, inspected. Save receipts and the bike’s model information.
9. Evidence after a crash
Photos of the scene, the car, your bike, and your injuries
Helmet or handlebar camera video
Ride-tracking app data, which can show your speed and route
Witness names and phone numbers
The police report number
Talk with us
Montanez Yu represents people injured in car accidents, pedestrian and bicycle accidents, dog bites, and slips and falls throughout Southern California. Consultations are free. No fee and no costs unless we recover. Call (951) 444-7407 or request a free consultation, and keep your bike and gear as they are until we talk.
This guide is general information about California law, not legal advice for your situation. Reading it does not create an attorney-client relationship.