E-bike accidents have risen over the years. Orange County DA Spitzer states e-bike and e-motorcycle accidents have become the number one reason for child ER visits in the past four years.
Prior to 2026, California laws towards e-bikes and e-motorcycles had been incredibly lax. As a result of recent developments, the state has started to implement stricter guidelines on these e-vehicles and stricter punishments on parents who allow their children to operate these vehicles inappropriately. If you or your child were involved in an accident with an e-bike, speaking to a brain injury lawyer in Santa Ana can help you obtain the compensation you both deserve.
What’s an E-Bike?
An e-bike is a motorized bicycle with an electric motor designed to help people pedal easier. They come in three classes and are defined by their top speeds, motor types, and overall usage. E-bikes cannot exceed a speed limit of 28 mph, and any vehicle that goes above that must be registered to the DMV.
Class 1
These e-bikes are the most like a regular bicycle. The motor is powered by the pedaling cyclist and can reach top speeds of 20 mph. These bikes are often used for commuting, trail riding, and exercise.
Class 2
Class 2 e-bikes have a motor the moves the bike along without any pedaling. They can reach top speeds of 20 mph with the help of a motor, and are often seen amongst delivery workers, casual riders, and people who need assistance riding a bike for an extended time. Some of these bikes are banned from certain roads, so it’s best to review your city or county laws on them.
Class 3
These are the fastest of the e-bikes, reaching top speeds of 28 mph. Like class 1 e-bikes, they are pedal-powered, and like class 2 e-bikes, some come with throttles that can help a bike gain speed quickly.
Class 3 e-bikes are not allowed on trails and other pedestrian roads. They must be operated on the road, bike lanes, or other main traffic roads. All drivers must wear a helmet when operating these e-bikes.
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Common Injuries in E-Bike Accidents
E-bike injuries follow collisions with cars, other vehicles, pedestrians, and stationary objects. The following are the most common injuries after an e-bike accident:
Brain Injury
There are two types of brain injuries, acquired brain injury (ABI) and traumatic brain injury (TBI). ABI happens due to internal causes such as a stroke, oxygen deprivation, or an infection that harms brain tissue.
TBI is a brain injury caused by an outside impact, such as an e-bike accident. Not all harsh bumps to the head will lead to TBI, but depending on the injury itself, it’d be best to see a doctor sooner rather than later. If you find yourself working with a brain injury lawyer in Santa Ana, providing them with receipts of your medical visits can greatly help them make a case for you and/or your child.
Types of TBIs
There are two types of TBIs, penetrating and non-penetrating.
Penetrating TBI– These are rarer, but the most lethal of the two types. Penetrating TBIs happen when an object pierces the skull and lodges itself into brain tissue. They usually affect one part of the brain and happen as a result of a gunshot wound, stabbing, or workplace accident.
Non-Penetrating TBI– These injuries are the most common as they’re caused by an external force that moves the brain within the skull. These injuries can happen after car accidents, sports injuries, or being hit by a blunt object.
Orthopedic Injuries
Broken and/or fractured bones regularly happen in e-bike accidents. Often, people break their arms, legs, hips, and spines depending on the accident. Many of these injuries require extensive surgery, the insertion of metal plates, screws, or rods, or months of rehabilitation.
Internal Bleeding
Being hit by or falling off an e-bike can cause internal bleeding in addition to other injuries. Often, we don’t realize we’re bleeding internally after an accident. This is why a brain injury attorney will recommend seeing a doctor immediately after an accident to assess the full extent of the damage and to get you on the road to recovery, sooner rather than later.
Who Is Held Responsible for E-Bike Accidents?
When reporting an accident, it’s important to never claim you were at fault for an accident. In California, all parties involved in an accident can be held liable for a percentage of damages thanks to comparative negligence. When reporting an accident, insurance adjusters and/or an attorney will look over evidence you and the other parties submitted to decide how much liability each person holds.
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How To File an Accident Claim on a Child’s Behalf
In California, children under the age of 18 cannot legally file a lawsuit. However, their parents or legal guardians may file a claim on their behalf.
If the parents of a child are separated, the parent with custody can file a claim. In some situations, a guardian ad litem is appointed to protect the child’s legal interests.
Guardian Ad Litem
A guardian ad litem may be designated to case if it is a case that often comes with high emotions and conflict. In many jurisdictions, the court will appoint an attorney to represent the child in this capacity. Even if the parent or guardian has filed a case on their child’s behalf, the court holds the right to assign a guardian ad litem.
Responsibilities of Guardian Ad Litem
The responsibilities of a guardian ad litem are:
- Gathering information for the court relating to the child’s involvement and their needs
- Making recommendations to the court concerning the child’s safety, treatment or counseling, and permanent resolution
- Monitoring the case on behalf of the child after a ruling to see if services are being provided, progress is being made by the parents/family, and to address any issues that may need assistance from the court
If My Child Injured Someone, Can They Be Held Liable?
In California, parents may be held liable for their children’s damages if they’re under the age of 18 in four circumstances:
- Willful Misconduct- If your child engages in reckless behavior that results in an injury, regardless of your knowing or not, you can be held liable for any damages.
- Car Accident– If your child gets into a car accident, you can be held liable as it would be likely that they have insurance under your supervision.
- Dangerous Behavior- If you fail to prevent an injury after watching your child engage in dangerous behavior, or knowing your child has a penchant for recklessness, you can also be held liable.
- Firearm Injury- If you allow your child to use a firearm and they injure someone; you can also be held liable for any damage.
FAQ
What is the Statute of Limitations for Accident Claims?
In California, people have two years after an accident to file a personal injury case. However, in cases involving a child, the clock freezes until that child turns 18 and then they have two years to file a personal injury case.
Unfortunately, medical debt and other expenses will not wait for your child to turn 18 to start accumulating. If you’re considering filing a case on your child’s behalf, contact a Santa Ana personal injury lawyer..
What’s the Most I Can Be Held Liable For?
In California, the liability for each wrongful act caused by a minor cannot exceed $25,000. This amount is adjusted every two years based on cost of living and other factors. As of 2026, the cap is $56,400.
Do I Have to Go to Court?
If you do, it’s a rare case. Most brain injury suits do not require a court date and are resolved in the negotiation stage. However, in the rare chance that you do go to court, your brain injury lawyer in Santa Ana will walk you through the process.
Whose Insurance Covers E-Bike Accident?
That depends on the e-bike type, rider age, and insurance policy. If your child gets into an e-bike accident, the recovery may come out of either your homeowner, renter, or auto insurance. In other cases, it may come from the injured party’s uninsured motorist coverage.
What Can I Do to Avoid a Future Problem?
The best thing you can do is to stay informed about local e-bike laws. These laws have recently changed in California, but your city may have additional restrictions. Keep an eye on your child when they do use their e-bikes and have a conversation with them about safety and responsible cycling.
If you need a brain injury lawyer in Santa Ana, look no further than Vaziri Law, LLP. Our team of lawyers are dedicated to getting you the compensation you deserve after an accident. For a free consultation, contact us today!
