As accidents rise in Southern California, personal injury attorney Farid Yaghoubtil breaks down the complex liability landscape
Electric scooters and bikes have transformed urban transportation across California, offering a fast, eco-friendly alternative to cars. However, their popularity has brought a sharp increase in accidents, including in Southern California.
“As a personal injury lawyer in Los Angeles, I regularly hear from clients who have been injured while riding, or hit by, an e-scooter or e-bike,” says Farid Yaghoubtil, Founding Partner at the Downtown L.A. Law Group. “The laws surrounding these accidents can be confusing, and determining who’s liable often requires a detailed investigation.”
Understanding California E-Bike and E-Scooter Liability
According to Yaghoubtil, liability in an e-bike or e-scooter crash depends on identifying the responsible party. Potentially liable parties include:
- Distracted or speeding drivers who hit riders
- Reckless riders who disregard traffic signals, ride on sidewalks, or fail to yield to pedestrians
- E-scooter or e-bike companies that fail to appropriately maintain or inspect their devices, resulting in mechanical failures
- Local governments, when poor road maintenance or unsafe infrastructure contribute to accidents
California follows a comparative negligence system, which means that more than one party can be at fault in an incident. “For example, a car driver may be 80% responsible for injuring an e-scooter rider, while the rider could bear 20% of the blame for not wearing a helmet or obeying traffic laws,” Yaghoubtil explains.
California E-Scooter Laws: What Riders Need to Know
California Vehicle Code §21235 sets specific rules for e-scooter riders:
- Riders must have a valid driver’s license
- Helmets are required for anyone under 18
- Scooters cannot exceed 15 mph
- Riding on sidewalks is prohibited
The personal injury attorney emphasizes that violating these laws can significantly impact liability and the amount of compensation that a rider can recover after an accident.
California E-Bike Regulations by Class
California regulates e-bikes under Vehicle Codes §§312.5, 21207.5, and 21213. These laws categorize e-bikes by class and establish rules for who can ride them and where.
California recognizes three classes of e-bikes:
- Class 1: Low-speed, pedal-assisted (the motor cuts off at 20 mph)
- Class 2: Low-speed throttle-assisted (the motor propels without pedaling, capped at 20 mph)
- Class 3: Speed pedal-assisted (the motor cuts off at 28 mph)
Key rules for e-bike riders under California law include:
- Helmet requirement: All riders of Class 3 e-bikes must wear helmets, regardless of age
- Age limit: Riders of Class 3 e-bikes must be at least 16 years old
- Bike lanes: Class 3 electric bicycles are prohibited from multi-use bike paths unless a local ordinance permits them, but they can use street bike lanes
- Sidewalk riding: There is no statewide California law prohibiting it, but certain cities do ban it, including Coronado and Escondido
- Licensing and registration: No driver’s license, registration, or insurance is required for e-bikes
- Speed limits: The motor-assist limits (20 mph or 28 mph) are strictly enforced based on the class of e-bike
“Violating these regulations can affect fault and compensation in an accident,” notes Yaghoubtil. “For example, if a rider under 16 is injured on a Class 3 e-bike or the rider, regardless of his or her age, was not wearing the mandatory helmet, that could reduce their recovery under California’s comparative negligence system.”
The Insurance Gap Problem in California
One of the biggest challenges in California e-scooter and e-bike accidents is the insurance gap. Most rental apps, such as Bird or Lime, include terms of service that limit or waive the company’s liability. Personal auto insurance typically does not cover e-scooter use, which can leave injured riders unsure how to recover damages for medical bills, lost income, or pain and suffering.
“At this point, the injured party needs to reach out to an experienced California e-scooter accident attorney, who can identify all potential sources of compensation,” Yaghoubtil advises. This may include the responsible driver’s policy, a defective product claim, or a municipal liability case.
Steps to Take After an E-Scooter or E-Bike Accident in California
The personal injury attorney recommends the following steps:
- Call 911
- Document the scene—take photos of your injuries, the scooter, bike, or vehicle, and any road hazards
- Collect witness information and driver details if possible
- Avoid giving statements to insurers or signing anything before consulting a lawyer
- Contact a California personal injury attorney
How Legal Representation Can Strengthen Your Case
An attorney experienced in e-scooter and e-bike cases can significantly impact the result of your claim. “Beyond gathering evidence and identifying liable parties, a seasoned lawyer can coordinate with accident reconstruction experts, subpoena maintenance records from scooter companies, and negotiate directly with insurers, who often try to minimize payouts to injured parties,” explains Yaghoubtil.
He notes that in some cases, there may be several liable parties, including drivers, municipalities, and private companies, under California’s comparative negligence principle.
Protecting Riders and Pedestrians in California
Whether you were injured riding an e-scooter, hit by an e-bike, or hurt by a defective rental scooter, you have rights under California law. Legal experts emphasize that an experienced personal injury attorney can help pursue full compensation and hold the negligent party or parties accountable.
Our dedicated team gathers information from all the reliable sources to make the law accessible and understandable for everyone. We provide the latest legal news stories from across the country, delivered straight to you.