The e-bike isn't the problem — the driver is
California law recognizes Class 1, 2, and 3 electric bicycles (Vehicle Code §312.5) and often gives riders the same rights as other bicyclists (Vehicle Code §21200). Note the word 'often' — if a bike is really an e-motorcycle, different vehicle laws apply. Adjusters love to blame the bike's speed or motor. Fault turns on who failed to yield, who turned without looking, and who opened the door — not on whether your bike has a battery.
Cyclists have the right to the road
Drivers must give at least three feet when passing a bicycle (Vehicle Code §21760). Right-hooks, left-crosses, side-view mirror clips, and dooring are among the most common — and most preventable — crashes we see.
Defective e-bikes and batteries
Sometimes the bike itself fails — brakes, frames, throttles, or batteries. When that happens, the manufacturer or seller can be responsible too.
What to do after a bicycle & e-bike accidents injury
- Get medical care right away — and keep every appointment. Gaps in treatment are the first thing an insurer attacks.
- Photograph everything: the scene, vehicles or hazard, your injuries, and any visible cameras.
- Get names and numbers of witnesses before they disappear.
- Don't give a recorded statement to the other side's insurance company.
- Call Eisner Law before you sign anything or accept a quick offer.
Frequently asked questions
Am I at fault because I was on an e-bike?
No. Riding a lawful e-bike doesn't make you at fault. Fault depends on who broke the rules of the road. We fight insurers who try to shift blame onto the rider.
Does my car insurance cover me if I was hit on my bike?
Sometimes yes. Your own UM/UIM coverage can apply if the driver was uninsured or underinsured, even though you weren't in your car — but it depends entirely on the terms of your policy. We'll review it with you before making any promises.
How long do I have to file a personal injury claim in California?
Generally two years from the date of injury (Code of Civil Procedure §335.1). If a city, county, or state agency is involved, you usually have only six months to file a government claim. Don't wait — evidence disappears fast.
How much does it cost to hire Eisner Law?
Nothing up front. We work on a contingency fee — we only get paid if we recover money for you. Consultations are free.