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E-Bike · Class 1/2/3 · Battery Defects

California E-Bike Accident Lawyers.
Know your class. Know your rights.

If you were hurt on or by an e-bike in California, the rules turn on the bike's class. Veh. Code § 312.5 defines Class 1, 2, and 3 e-bikes; Class 3 (up to 28 mph) requires a helmet and bans riders under 16. The Three Feet for Safety Act (Veh. Code § 21760) still protects you from passing vehicles. Two years to file under CCP § 335.1. No fee unless we win.

Updated June 2026 · Reviewed by Jeff Yates, Esq. · CA Bar #332659
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First 72 Hours

What to do
after a California e-bike crash.

E-bike cases combine two evidence streams: the cycling crash itself, and the bike's mechanical and battery data. Both matter, and both fade quickly.

  1. 01

    Call 911 and get a police report.

    Even minor e-bike impacts can cause concussion or internal injuries at 20–28 mph. The police report fixes the driver's identity and the e-bike's class for the file.

  2. 02

    Get the driver's information (if a vehicle was involved).

    Name, license, plate, insurance. Photograph the cards.

  3. 03

    Photograph the scene + the e-bike + the battery.

    Bike position, vehicle position, brake levers, tire condition, battery casing for any visible damage or swelling, serial number tag. Multiple angles.

  4. 04

    Get each witness's name and phone.

    Other cyclists, drivers, store-front employees. Names captured at the scene matter more than statements weeks later.

  5. 05

    Preserve the bike, battery, charger, and gear.

    Do not repair, charge, or discard. For battery and motor defects, the physical evidence is critical. Bag the helmet too.

  6. 06

    Get medical care, even if you feel okay.

    E-bike speeds produce serious orthopedic, head, and internal injuries. ER documentation from day-of is the strongest medical evidence.

  7. 07

    Call a Devoted attorney before talking to insurance.

    We send a preservation letter to the driver, the e-bike manufacturer (if defect is suspected), and the rental company. Most CCTV footage is overwritten within 14–30 days.

Talk to a Devoted Attorney

Preserve the bike. Preserve the battery. Preserve the charger.

Equipment-defect evidence is often the key to the case. A preservation letter on day one stops anyone from inspecting (or losing) it.

California Law That Applies

Four rules that
control e-bike cases.

E-Bike Classes

Veh. Code § 312.5 - Class 1, 2, 3.

primary source
Class 1: pedal-assist, 20 mph max. Class 2: throttle, 20 mph max. Class 3: pedal-assist, 28 mph max. Class 3 requires helmets for riders, bans riders under 16, and excludes most bike paths and trails.
Three Feet Law

Veh. Code § 21760 - Applies to bicycles.

primary source
Drivers need to give at least three feet of clearance when passing any bicycle in the same direction, including e-bikes. Failure is negligence per se in most close-pass cases.
Statute of Limitations

CCP § 335.1 + Gov. Code § 911.2.

primary source
Two years from the date of the crash. If a public entity is involved (a city vehicle, a dangerous public bike path, missing signage), a notice of claim needs to be served within six months under Gov. Code § 911.2.
Equipment Failure

Greenman v. Yuba Power Products (1963).

primary source
When an e-bike defect contributes to a crash, the manufacturer or seller may be a potential defendant. Preserving the bike, battery, and charger is critical.
The Three Classes

Class controls
what you can ride and where.

Class 1

Pedal-assist · 20 mph max.

Allowed on most bike paths and bike lanes. No helmet required for adults. Most common rental class.

Class 2

Throttle-equipped · 20 mph max.

Throttle works without pedaling. Same path access as Class 1 in most jurisdictions. Adult helmet not required.

Class 3

Pedal-assist · 28 mph max.

Helmet required for riders. Riders under 16 prohibited. Restricted from most bike paths and trails - primarily on-road.

Note. Local ordinances can be stricter. Several CA cities ban e-bikes from certain trails. Class is determined by the bike's manufacturer label.

Talk to a Devoted Attorney

Talk to a California e-bike attorney now.

Statewide Case Evaluations, 24/7. We send preservation letters to the driver, the manufacturer, and any rental operator the same day.

What Happens After You Call

Three steps.
No fee unless we win.

01

Free case review.

Call (888) 760-2529. A licensed California attorney calls back, usually within the hour.

02

Preservation letter.

Same day. We demand preservation of the e-bike, battery, charger, and any GPS / app data. We notify the manufacturer if defect is suspected.

03

We build and resolve the case.

Investigation, mechanical inspection, expert disclosures, demand. If the carrier won't pay fair value, we file and litigate.

Case Results

Real results.
For real clients.

Names withheld for privacy, facts preserved for transparency. Each case is unique - yours included.

See all case results
Rollover Accident
Oceanside, CA · 2025
Recovered
$1.3M
$300K offered4.3×

A high school student sustained serious injuries requiring arm surgery after being involved in a rollover accident as a passenger. The incident occurred while exiting Interstate 5.

Read the case study
Bicycle Accident
Twentynine Palms, CA · 2025
Recovered
$600K
$30K offered20×

During an evening bike ride in Twentynine Palms, a father was struck by a distracted driver who ran a stop sign, leaving him with multiple fractures and requiring several surgeries.

Read the case study
Dog Bite
Sacramento, CA · 2023
Recovered
$505K
$100K offered

Walking his French bulldog in the morning, our client was suddenly attacked by a Cane Corso. He sustained multiple injuries, including bite wounds to his thigh, a chipped tooth, forehead abrasions, and a back injury.

Read the case study

Past results disclaimer. Prior results do not guarantee, warrant, or predict a similar outcome in your case. Each case is different and depends on its unique facts, the applicable law, and the available insurance coverage.

No Victory · No Fee

You pay nothing unless we win your case.

We work on a contingency fee basis. You pay nothing upfront, and we only get paid if we win your case.

E-Bike FAQ

California e-bike-accident questions, answered.

What are the e-bike classes in California?
California Vehicle Code § 312.5 defines three classes. Class 1: pedal-assist, max assisted speed 20 mph. Class 2: throttle-equipped, max 20 mph. Class 3: pedal-assist, max 28 mph - requires a helmet for riders, bans riders under 16, and is restricted from most bike paths. The class affects where you can ride and which rules apply.
Do I need a helmet on an e-bike in California?
Under Veh. Code § 21213 / 21235, helmets are required for riders of Class 3 e-bikes regardless of age, and for any rider under 18 on Class 1 or 2. Adults on Class 1 or 2 are not required to wear a helmet, but riding without one can reduce head-injury damages under pure comparative negligence.
How long do I have to file an e-bike claim in California?
Two years from the date of the crash under CCP § 335.1. If a public entity is involved (a city vehicle, a dangerous bike path, an unmarked hazard), you need to serve a notice of claim within six months under Gov. Code § 911.2.
I was hit by a car while on my e-bike - what law protects me?
The same vehicle-versus-cyclist law applies. Drivers need to give you at least three feet of clearance (Veh. Code § 21760). You have the same rights to the road as a vehicle under Veh. Code § 21200. The driver's failure to yield, dooring, or unsafe lane change is governed by the same Vehicle Code sections used in standard bicycle cases.
What if the e-bike's battery, brakes, or frame failed?
If a defective component caused or worsened the crash, the manufacturer or seller may share responsibility in addition to any negligent driver. We pull serial numbers, charging records, and any prior recall data. Strict-liability rules under Greenman v. Yuba Power Products (1963) may apply.
Is the e-bike rental company liable if I crashed?
Possibly. Rental companies have a duty to maintain bikes in safe working order. If the bike had defective brakes, a worn tire, a known battery issue, or improperly maintained components, the rental operator can be a defendant. Their rental agreement waivers do not bar most claims under California law.
What kinds of compensation can I recover after an e-bike crash?
Economic damages (medical bills past and future, lost wages, lost earning capacity, e-bike replacement and gear) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment, loss of consortium). Civ. Code § 3333 governs. Past results do not guarantee a similar outcome.
How much does it cost to hire a Devoted e-bike accident attorney?
We work on a contingency fee basis. You pay nothing upfront, and we only get paid if we win your case.
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