E-bike and scooter accidents in California: the rules, the risks, and your rights

According to NHTSA crash records, 162 people on bicycles were killed in California crashes in 2024, down from 181 in 2022. Los Angeles County recorded 26 bicyclist deaths in 2024, followed by Sacramento (13), San Diego (11), Orange (11), and Kern and Riverside (10 each). Since 2022, NHTSA has counted people on bicycles with motors, such as e-bikes, as bicyclists. Before that, they were counted as motorcyclists, so earlier years aren’t a direct comparison. Police reports don’t always say whether a bike had a motor, and NHTSA’s 2024 figures are preliminary.

Nationally, NHTSA reports 1,103 bicyclists killed in traffic crashes in 2024.

The U.S. Consumer Product Safety Commission (CPSC) tracks injuries and deaths tied to “micromobility” products. Its latest report, covering 2017 through 2024, found:

• 533 deaths tied to e-scooters, e-bikes, and hoverboards, rising from 5 in 2017 to 135 in 2024.
• 310 of those deaths involved e-bikes and 206 involved e-scooters.
• An estimated 698,500 emergency room visits over the same period.
• Motor vehicle crashes and loss of control were the top hazards in both e-bike and e-scooter deaths.

CPSC notes that its counts for 2023 and 2024 are still being updated.

Vehicle Code section 312.5 defines an electric bicycle as a bicycle with working pedals and a motor of no more than 750 watts, in three classes:

• Class 1: the motor assists only while you pedal, up to 20 mph.
• Class 2: the motor can be powered by a throttle, up to 20 mph.
• Class 3: the motor assists only while you pedal, up to 28 mph, and the bike has a speedometer.

Under Vehicle Code section 21213, riders under 16 may not ride a Class 3 e-bike, and every Class 3 rider and passenger must wear a properly fitted helmet. Riders under 18 must wear a helmet on any bicycle, including an e-bike (Vehicle Code section 21212). E-bike riders generally follow the same rules of the road as other bicyclists. See our guide to California bike laws.

Vehicle Code section 21235 sets the core rules for motorized scooters. Riders may not:

• Ride on a sidewalk, except to enter or leave nearby property.
• Ride without a valid driver’s license or instruction permit.
• Carry a passenger.
• Ride without a helmet if they are under 18.
• Ride on a road with a speed limit over 25 mph, unless they stay in a Class II or Class IV bikeway (a city or county may allow up to 35 mph).

Separately, Vehicle Code section 22411 caps motorized scooters at 15 mph, and section 21235 applies that cap on every road, including bikeways. If you rent a shared scooter or e-bike, the app’s terms usually include a release and an arbitration clause, so save the terms and your ride receipt.

California has added several e-bike rules recently:

• No Class 3 sales to young riders. Since January 1, 2026, sellers may not sell a Class 3 e-bike to anyone under 16 (Vehicle Code section 21212.5).
• Rear light or reflector. Since January 1, 2026, an e-bike must have a red rear reflector or a red rear light at all times (Vehicle Code section 21201).
• Tested batteries. Since January 1, 2026, e-bikes and their batteries sold in California must be tested by an accredited lab (Health and Safety Code section 26302).
• No speed unlocking. It is illegal to change an e-bike so it no longer meets the e-bike definition, or to sell a product or app that does (Vehicle Code section 24016).

It depends on what caused the crash. Common possibilities include:

• A driver who turned across a bike lane, opened a door into the rider’s path, or failed to yield.
• The maker or seller of a defective product, such as failed brakes, a frame that broke, or a battery that caught fire. CPSC has linked 45 micromobility deaths from 2017 through 2024 to lithium-ion battery fires.
• A city, county, or other public agency, if a dangerous condition of public property, such as a pothole or broken pavement, caused the crash. Public agencies have special defenses, including for some approved road designs and trails, and a claim against a public agency generally must be presented within six months (Government Code section 911.2).

If the driver who hit you had no insurance or drove off, your own auto policy’s uninsured motorist coverage may apply even though you were on a bike or scooter, depending on the policy (Insurance Code section 11580.2). Our product liability page explains defect claims.

• Get medical care right away, especially for any head injury, even with a helmet.
• Keep the e-bike or scooter as it is. Don’t repair it or throw it away. It may be key evidence.
• Photograph the scene, the vehicle involved, the road surface, and your injuries.
• Get the driver’s information and witness contacts, and report the crash to police.
• Watch the deadline. Most California injury claims must be filed within two years (Code of Civil Procedure section 335.1).

• Bicycle Safety (NHTSA)
• Bicyclists and Other Cyclists: 2024 Data, DOT HS 813 822 (NHTSA)
• Vehicle Code section 21212 (California Legislative Information)
• Vehicle Code section 21212.5 (California Legislative Information)
• Vehicle Code section 22411 (California Legislative Information)
• Health and Safety Code section 26302 (California Legislative Information)
• Government Code section 911.2 (California Legislative Information)
• Micromobility Products-Related Deaths, Injuries, and Hazard Patterns, 2017-2024 (CPSC)
• Vehicle Code section 312.5 (California Legislative Information)
• Vehicle Code section 21213 (California Legislative Information)
• Vehicle Code section 21235 (California Legislative Information)
• Code of Civil Procedure section 335.1 (California Legislative Information)
• NHTSA FARS fatal crash data by county, 2019 to 2024 (Probative), CC BY 4.0

If you or someone you love was hurt on an e-bike or scooter, the bicycle accident lawyers at Wilshire Law Firm can review your crash in a free case review with a legal professional, available 24/7, with no fees unless you get paid.

This article is a general overview of California’s e-bike and scooter rules, not legal advice. Every crash is different, and reading this does not create an attorney-client relationship. Contact Wilshire Law Firm to talk through what happened.