Tustin E-Bike and Scooter Accident Lawyer
Hurt on an E-Bike or Electric Scooter in Tustin?
E-bikes and electric scooters are everywhere now: teenagers riding to school, adults commuting, people getting around Old Town and Tustin Legacy. They're quick and quiet, and drivers often misjudge how fast they're going. When a car turns across an e-bike's path or a scooter hits a pothole, the rider takes the impact with little protection.
I'm Gary A. Peterson. I've practiced law for more than 30 years, and for the last 20-plus I've represented injured people. Before that, I defended insurance companies, and I know insurers often treat e-bike and scooter riders as reckless by default. I also studied mechanical engineering, which helps in cases that involve speed, braking or a defective battery or frame. When you hire my office, you work directly with me.
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California Rules for E-Bikes and Scooters
The rules depend on what you were riding, and insurers will check whether you followed them.
E-bikes (Vehicle Code section 312.5) have working pedals and a motor under 750 watts, and come in three classes:
- Class 1: pedal-assist only, up to 20 mph.
- Class 2: can be powered by a throttle, up to 20 mph.
- Class 3: pedal-assist up to 28 mph, with a speedometer. Riders must be at least 16, and every rider must wear a helmet.
E-bike riders follow the same rules of the road as cyclists, and riders under 18 must wear a helmet on any class. Drivers owe e-bike riders the same duties they owe cyclists, including the three-foot passing rule. See my page on bicycle accidents.
Electric scooters (motorized scooters) have their own rules: a driver's license or permit is required, the maximum speed is 15 mph, riders under 18 must wear a helmet, no passengers are allowed, and scooters can't be ridden on the sidewalk except to enter or leave a property.
Breaking one of these rules doesn't automatically bar your claim. Under California's comparative fault rule, it only matters to the extent it actually contributed to the crash or your injuries.
Common Causes of E-Bike and Scooter Accidents
- drivers turning left or right across a rider's path, misjudging their speed
- cars pulling out of driveways and parking lots
- "dooring" by parked drivers
- potholes, cracked pavement and debris in bike lanes
- defective brakes, frames, wheels or controllers
- battery fires and failures
Defective E-Bikes, Scooters and Batteries
Some crashes and fires aren't the rider's fault or a driver's fault, but the product's. Under California's product liability law, a manufacturer, and often the seller, can be held responsible for a product with a manufacturing defect, a design defect or inadequate warnings, without proof of carelessness. Lithium-ion battery fires, brakes that fail and frames or forks that snap are all examples. In these cases, it's essential to keep the e-bike or scooter, the battery and the charger exactly as they are.
Who Pays After an E-Bike or Scooter Crash?
If a driver caused the crash, their auto liability insurance is the main source of compensation. If they had none or not enough, your own auto policy's uninsured and underinsured motorist coverage may protect you even though you weren't in a car. Product defect claims go against the manufacturer's and seller's insurers. For a dangerous road condition, a claim against the city may be possible, but it usually has to be filed within six months.
E-bike and scooter crashes often cause head injuries, so if you have symptoms such as headaches, confusion or memory problems, see my page on brain injuries. Over my career, I've recovered over $20 million for my clients in total.
How Fees Work: No Recovery, No Fee Guarantee
I handle e-bike and scooter accident cases on a contingency fee. You pay nothing upfront, I advance the costs of the case, and they're repaid from your recovery. If there's no recovery, you owe no fee.
E-Bike and Scooter Accident FAQs
Do I need a license to ride an e-bike in California?
No. E-bikes don't need a license, registration or insurance. Class 3 riders must be at least 16. Electric scooters are different: you need a driver's license or instruction permit.
Are helmets required on e-bikes and scooters?
Every class 3 e-bike rider must wear a helmet, and riders under 18 must wear one on any e-bike or electric scooter. Not wearing one doesn't bar your claim, but the insurer may argue it affected a head injury.
Can I recover if I was riding on the sidewalk?
Possibly. Riding a scooter on the sidewalk is generally prohibited, but that doesn't excuse a driver who was careless. California's comparative fault rule reduces your compensation only by your share of fault.
What if my e-bike battery caught fire?
You may have a product liability claim against the manufacturer and seller. Keep the bike, battery and charger, photograph everything, and don't send the product back to the company before talking to a lawyer.
How long do I have to file an e-bike or scooter accident claim?
Generally two years from the date of the injury in California, or six months for a government claim if a public road defect or agency was involved.
Talk to a Tustin E-Bike and Scooter Accident Lawyer
If you or your teenager was hurt on an e-bike or electric scooter, call me at (714) 461-6003 or request a free consultation. I'll explain how the rules apply to your crash and what your options are. You can also read more about my background or see the other types of injury cases I handle.
No Win, No Fee.
Contact Us Today.
No Win, No Fee.
Contact Us Today.