When is an e-bike not an e-bike?
By Zachary Morvant
Separating signal from noise
If you look at the headlines, you’d think e-bikes are a public health crisis on two wheels. But if you look at the data from a landmark study by the Mineta Transportation Institute (SJSU), a much more nuanced story emerges.
For our clients and the broader cycling community, the e-bike isn’t just a “fast bike” — it’s a vehicle that is fundamentally changing who rides and where they go. But as we level up our speed and technology, we have to level up our understanding of safety and the law. Here’s our breakdown of the study’s main findings, paired with some insights and takeaways we hope you’ll find useful.
Photo: Nick van der Vegt, Unsplash.
The “epidemic” that isn’t
While e-bike injuries are rising, they are still vastly outnumbered by conventional bike injuries. In 2023, California emergency rooms saw nine times more patients for conventional bike injuries than for e-bike injuries.
The insight: E-bikes aren’t inherently “more dangerous” than pedal bikes; there are simply more people riding them than ever before. However, when a crash does happen on an e-bike, the data shows the injuries are often more severe, leading to higher rates of hospitalization.
The “illegal” e-bike problem
One of the study’s most striking findings is that a huge number of “e-bikes” on the road aren’t legally e-bikes at all. California law limits e-bikes to 750 watts. Yet, in counts taken at some Northern California schools, as many as 90% of the devices parked in bike racks were actually over-powered “e-motos” or illegal devices capable of speeds and power far beyond legal limits.
The insight: Many riders — especially parents — don’t realize they’ve bought a device that lacks the safety regulations of a bicycle. These over-powered bikes are a major “data blind spot,” as their crashes are often unfairly lumped in with legal e-bikes, skewing safety statistics.
It’s (still) about the cars
While most e-bike injuries come from solo crashes (like losing balance or sliding on gravel), the majority of fatalities involve a motor vehicle. Speed is a factor, but the environment is the real culprit.
The insight: E-bikes allow riders to take longer trips and navigate busier streets. This “exposure” increases the chance of an interaction with a car. The study’s #1 recommendation for saving lives? High-quality, separated bicycle infrastructure. We don’t need more “rules” for riders as much as we need safer places for them to ride.
Photo: Team Evelo, Unsplash.
Not just for the kids
Nationwide, the data shows that e-bike riders getting injured tend to be older than those on conventional bikes. For many older adults, e-bikes are a lifeline for mobility, but they also bring a higher risk of severe injury if a fall occurs.
The insight: E-bike safety isn’t just about “controlling reckless teens.” It’s about ensuring that our infrastructure and safety education support a demographic that might be more physically vulnerable during an accident.
Key takeaways for the Bicycle Law community
- Know your class: Understand the difference between Class 1, 2, and 3 e-bikes. If your bike has a motor over 750W or lacks a “governor” to limit speed, you may be riding an illegal motor vehicle, which has significant implications for insurance and liability.
- The power peak: The study recommends that California clarify the “750-watt limit” to refer to peak power (the max the motor can ever hit) rather than continuous power. This would bring CA in line with international standards and simplify the market.
- Wipe it down, check the brakes: Just like Phil from Pink Puffin says, maintenance is safety. Because e-bikes are heavier and faster, they put significantly more wear on brake pads and tires.
- Advocate for infrastructure: The best “safety gear” isn’t a better helmet — it’s a protected bike lane. The data proves that when we separate bikes (of all speeds) from cars, the fatality rate plummets.
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Want to make your voice heard?
Want to make your voice heard? Take this public survey about AB 1942, which would require Class 2 and Class 3 e-bikes to register with the DMV and display special license plates. (For the record, we and many bicycle coalitions oppose measures that mandate registration of bicycles — they end up being taxes that create more barriers to riding.)
Have you or someone you know been involved in a bicycle crash? Want to know about your rights? Are you a lawyer handling a bicycle crash who wants the best result for your client? Contact Bicycle Law at (866) 835-6529 or info@bicyclelaw.com.
Bicycle Law’s lawyers practice law through Coopers LLP, which has lawyers licensed in California, Oregon, and Washington state, and can affiliate with local counsel on bicycle cases across the country to make sure cyclists benefit from cycling-focused lawyers.