Call for a FREE Consultation: (916) 438-1819 or (800) 391-8219
Hablamos EspañolМы говорим по-русски

Call for a FREE Consultation:
(916) 438-1819 or (800) 391-8219
Hablamos Español
Мы говорим по-русски

Wheels of Misfortune: The Challenges of Injury Claims with Shared E-Bikes

In 2013, the first large-scale bike-sharing service on the West Coast launched in the San Francisco Bay Area, marking the beginning of the micromobility era: shared, individual transportation that allows users to pick up and drop off at various locations. When Bay Area Bike Service began operating, it boasted 70 stations along the peninsula, featuring 700 pedal and e-bikes. Three years later, Los Angeles Bike Share hit the streets, equipped with 1,000 bikes in 65 stations throughout the city.

It is estimated that dozens of shared bike and scooter services operate in California today, offering hundreds of individual systems across the state.

See how our Sacramento bicycle accident attorneys can help your family.

E-Scooters: Even More Popular than E-Bikes

How to Safely Share the road with bicyclesIn general, E-scooters lead in popularity over E-bikes, but in some major cities, E-bike ridership is gaining ground. The numbers tell the story: As of 2023, the U.S. had 265 shared E-scooter systems vs. 142 E-bike systems.

In Sacramento, the shared bike and scooter market has had its ups and downs. Currently, two services operate: Lime (dockless E-scooters only) and Bird (dockless E-scooters and E-bikes).

Shared E-Bike and E-Scooter Injury Claims’ Challenges

Some specific injury claims’ challenges involving E-bikes and E-scooters include the following:

  • Liability Complications: In E-vehicle accidents, the bike manufacturer and the bike-sharing service may also be held liable.
  • User Agreements and Waivers: Most bike share companies require riders to agree to liability waivers, which can make it challenging to hold the bike share company responsible for injuries. This is a particularly critical reason to find an experienced attorney who can navigate these waivers and agreements.
  • Comparative Fault: California’s comparative negligence law means your compensation could be reduced if you’re found partially at fault.
  • Insurance Challenges: If a car is involved, you may be able to file a claim against the driver’s insurance. Otherwise, your own health or auto insurance might cover some costs, but not always.

Categories of Shared Bike and Scooter Services

Most shared bike and scooter services fall into one of two categories: docked and dockless.

  • Docked systems: pick up and return at designated locations, known as stations.
  • Dockless or free-floating systems: pick up and drop off anywhere within the defined service area (e.g., city limits).
  • A third category, round trip, requires users to pick up and return vehicles from the same exact location.

Bike Vs. Scooter Laws

Before you ride, get to know the laws governing motorized bikes and scooters. This is a good idea because the rules differ, and scooter laws are a bit stricter than those for bikes. Here are just a few differences:

  • No license is required to operate a shared bicycle, but a valid driver’s license or instruction permit is necessary for operating a scooter.
  • Users may ride bicycles on the sidewalk in Sacramento, but scooters must remain in the street. Scooter users must stay to the right and use the bike lane.
  • Bicycle users can ride in streets with a posted speed limit greater than 25 mph, even if there is no bike lane. Scooters require a bike lane.
  • Bicyclists may ride on sidewalks, but must yield to pedestrians and slow down, stop, or dismount if necessary to avoid collisions.

Helmet Requirements

California law requires helmets for both scooter and bicycle users under 18, effective January 1, 2019. Wearing a helmet reduces the risk of head injury to bicyclists by as much as 85%, according to the Cleveland Clinic. Those are two compelling reasons to wear a helmet: compliance with the law and your health and safety.

Shared E-bike Service Attorneys: Free Consultation, No Fees Unless You Win

If you need advice or support regarding an insurance claim or case, or need help figuring out whether you have a claim, the personal injury attorneys at Eason & Tambornini can help.

Call (916) 438-1819 today to schedule a free consultation. If we take your case, you will pay nothing unless and until you win a settlement.