San Diego Electric Bike Accident Attorney

Riding an electric bike, or e-bike, is an environmentally friendly, convenient, and affordable way to travel around San Diego. It lets you enjoy the area’s beautiful weather, reduce carbon emissions, and save money on gas. But riding an e-bike on the busy San Diego streets also puts you at risk of a serious accident.

At The Law Office of Elliott Kanter, we represent victims of e-bike accidents across the city. Our San Diego electric bike accident attorneys can help you understand your options for seeking compensation.

Understanding California’s E-Bike Laws

While electric bikes have been around since the late 1800s, their popularity has increased significantly over the past few decades. These vehicles represent a cross between a standard bicycle and a motorcycle or moped. They include electric motors and batteries that assist with pedaling, requiring less energy and effort than riding a standard bike.

Because e-bikes combine features of both regular bicycles and motor vehicles, some riders are unsure of the traffic laws they must follow while operating these bikes. Under California law, electric bicycle operators are not required to have liability insurance, driver’s licenses, or license plates. The state classifies e-bikes into three categories:

Class 1: Pedal-assisted electric bicycles that only provide assistance when pedaling at a speed of 20 mph or less
Class 2: Throttle-assisted e-bikes with motors that are not capable of providing assistance above speeds of 20 mph
Class 3: Pedal-assisted bicycles with speedometers and motors that stop providing assistance above speeds of 28 mph

California law dictates that the operator of a Class 3 electric bicycle must be 16 years or older, wear a bicycle safety helmet, not transport passengers, and ride in a bicycle lane only if authorized by local authority or ordinance.

In San Diego, specifically, all classes of e-bikes are permitted in bike lanes. Class 1 and 2 e-bikes are permitted on bike paths and multi-use paths as well.

Understanding e-bike laws is the first step to sharing the road safely and staying legally compliant. Our San Diego electric bike accident attorneys can help you understand these laws further and apply them to your accident case.

Common Causes of Electric Bike Accidents in San Diego

As many as 8,000 people across the U.S. sought hospital treatment after e-bike accidents in 2022 alone. Researchers have found that helmet use among e-bike operators has declined in recent years, leading to more serious injuries.

Common factors contributing to e-bike accidents include:

Distracted drivers: Drivers who are distracted by their smartphones or happenings outside the vehicle often overlook e-bike riders, leading them to merge into their lanes or miss them in their blind spots.
Inexperienced operators: Because California does not have strict laws about who can operate a Class 1 or Class 2 e-bike, and no one needs a license to ride these bikes, operators may take them on the road without the proper riding knowledge or experience.
Road hazards: Hazards like potholes and debris in the road are more dangerous for e-bike riders who do not have the protection of a larger vehicle.
Lithium-ion battery malfunctions: In rare cases, the lithium-ion batteries in these vehicles malfunction, resulting in fire hazards or overheating, which may contribute to accidents.

If you have been involved in an e-bike accident, our San Diego electric bike accident attorneys can help you explore your legal options for compensation.

Who Is At Fault in an Electric Bike Accident?

Determining the at-fault party in an electric bike accident is one of the first steps in the compensation process. You need to know who was liable for the accident in order to seek compensation from them.

Our e-bike crash attorneys in San Diego will help you explore possible liable parties in your accident, such as:

Another driver, for violating traffic laws or failing to share the road with you
The e-bike manufacturer, for including a faulty part or making an error during manufacturing that causes a malfunction
A government agency, for failing to repair potholes and other roadway hazards
A pedestrian, for stepping in front of an e-bike operator without giving them enough time to stop

California follows a pure comparative negligence law that allows multiple parties to share legal responsibility for an accident. You may have the right to seek compensation from the other party even if you were primarily at fault. However, your recovery would be reduced by your percentage of fault.

Working with our San Diego electric bike personal injury lawyers can help determine whether you may have grounds to pursue compensation.

What Damages Can You Seek As a Bike Accident Victim?

If another party was at least partially responsible for your e-bike accident, you may have the right to seek compensation from them through an insurance claim or lawsuit. Our electric bicycle accident law firm can help you understand the potential value of your case.

An insurance claim could help cover the direct costs associated with the accident, such as:

Medical expenses
Lost wages
Damage to your electric bike

Through a lawsuit, you may also be able to seek non-economic damages, including:

Emotional distress
Pain and suffering
Loss of quality of life

In rare cases involving extreme negligence or misconduct, you may also consider punitive damages. These would punish the liable party for egregious behavior.

Seek electric bike accident legal help from our attorneys to better understand the legal process and explore all of your options for compensation.

Schedule a Consultation With Our San Diego Electric Bike Accident Attorneys

If you were injured in an e-bike accident, you may be facing a long road to recovery. The idea of pursuing an insurance claim or legal action against the at-fault party may feel overwhelming. Our San Diego electric bike accident attorneys are here to provide clear guidance and support throughout this process.

Our team is prepared to handle the legal aspects of your California e-bike injury claim while you take time to rest and heal. Contact The Law Office of Elliott Kanter today at 619-231-1883 or fill out our contact form to schedule a free consultation.

Electric Bike Accident FAQs

Are Electric Bikes Legal in San Diego?

Yes, electric bikes are legal in San Diego. You do not need a driver’s license to operate an electric bike, but Class 3 e-bike riders must be at least 16 years old and wear a helmet. When riding on the road, you must follow all traffic laws and safely share the road with motorists.

What Should You Do After an Electric Bike Accident?

After an electric bike accident, you should generally follow the same protocols as an accident with another vehicle. Move to safety if possible, call the police, take photos and videos of the damage, and contact a San Diego electric bike accident attorney for assistance.

Should You Hire a Lawyer After an Electric Bike Accident?

You should generally hire a lawyer after an electric bike accident if you experienced serious injuries, the at-fault driver or their insurance company is not cooperating, or you need help navigating the compensation process. Our attorneys are available to explain how we can assist you through a free initial consultation.

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