By Alex Stalvey
E-bikes continue to grow in popularity, and as they do, they are reshaping how personal injury law applies in accidents. They are faster than traditional bicycles, quieter than motorcycles, and increasingly common on local streets and trails. With that rise comes confusion about how to classify them and assign responsibility when someone is injured.
E-bikes can reach speeds between 20 and 28 miles per hour, depending on their class and assist level. At those speeds, collisions often result in serious injuries that resemble motorcycle crashes, including fractures, head trauma, and spinal injuries.
When someone is injured in an e-bike accident, determining fault depends on the circumstances.
An e-bike rider may be negligent for speeding, failing to obey traffic signals, or riding on sidewalks where motorized bikes are prohibited.
A motorist may be responsible for failing to yield or misjudging an e-bike’s speed.
If the bike malfunctions because of a design or manufacturing defect, the manufacturer or retailer could be held accountable under product liability law.
Recent cases show how courts are beginning to sort out these issues. In South Carolina, a Bluffton woman received a $485,000 settlement after a defective e-bike suddenly accelerated and threw her off, an example of product liability rather than standard negligence.
In California, riders have sued manufacturers over defective throttles and batteries. A federal class action has also accused a major e-bike company of ignoring known brake defects.
Each case highlights a different theory of liability and shows how the law is struggling to keep pace with technology.
Questions About Insurance Coverage
Because e-bikes fall between bicycles and motor vehicles, insurance coverage can be unclear. Auto policies often exclude e-bikes because they are not classified as motor vehicles. Homeowner’s or renter’s insurance might cover accidents involving low-power e-bikes but not faster or modified models. In cases involving mechanical failure or recalls, product liability coverage may apply.
Until the law evolves, riders and accident victims can face gaps in protection.
A pedestrian injured by an e-bike rider can still pursue a standard negligence claim, but the facts and evidence may differ. The bike’s classification, speed, and power level can affect how the law is applied and which insurance policies apply.
If the e-bike was operating legally within state limits, the case is treated like a typical cycling accident. But suppose the e-bike was overpowered, modified, or used where motorized vehicles are prohibited. In that case, the case can quickly take on the character of a motor-vehicle claim, with higher potential liability for the rider or the company that provided the bike.
The Legal Approach
Attorneys handling these cases begin by analyzing how the e-bike is defined under both federal and state law. South Carolina law defines an electric-assist bicycle as one with pedals, a motor under 750 watts, and a top assisted speed below 20 miles per hour. When those limits are met, the e-bike is treated like a traditional bicycle rather than a moped or motorcycle. Riders do not need a special license or registration and can generally use bike lanes and public roads.
In Greenville, local rules can further restrict how and where e-bikes are used. Portions of the Swamp Rabbit Trail limit higher-speed or throttle-only e-bikes to protect pedestrians. The city can regulate sidewalk use and may require riders to yield in busy areas. Modified or unlabeled e-bikes that exceed state limits can fall outside the legal definition of a bicycle and be treated as motor vehicles for insurance and liability purposes.
These local distinctions matter in determining whether a rider was operating legally and which standards of care apply. For injury victims, that ambiguity can affect how fault and coverage are assigned.
If you have been hurt in an accident involving an e-bike, whether as a rider or a pedestrian, you have legal rights. The key is identifying who had the duty to act safely and where that duty was breached. Experienced legal guidance can make the difference.
E-bikes offer convenience and accessibility, but they also present legal and safety challenges that continue to evolve. As regulators define the boundaries and insurers adapt to new risks, attorneys are addressing questions of fault, compliance, and coverage.
At Bannister, Wyatt & Stalvey, we are following these developments closely because clarity in the law should never come at the expense of the injured. If you have been involved in an e-bike accident, call us, and let’s discuss your options.
