E-Bike Crash? We Help Injured Riders and Their Families.

Electric bikes are everywhere in Jacksonville and Northeast Florida, and so are e-bike crashes. Whether you were hit by a car while riding or your child was hurt on an e-bike, our trial attorneys can help you understand your rights and pursue full compensation.

Why E-Bike Cases Are Different

Florida law treats most e-bikes like bicycles, but it draws a hard line between true e-bikes (pedal-assist or throttle bikes limited to 28 mph and 750 watts) and unregistered electric motorcycles, often called e-motos, that exceed those limits. Which side of that line a rider is on can change everything: licensing requirements, criminal exposure for young riders, insurance coverage, and who can be held responsible after a crash. Partner Shannon Schott wrote about exactly this issue for Jacksonville Mom in her article, Is That E-Bike Actually Illegal?

Insurance is rarely simple in these cases. Depending on how the crash happened and what the rider was on, coverage may come from the at-fault driver’s policy, your own uninsured motorist coverage, PIP, or a homeowners policy, and insurers often dispute which applies. Some policies even exclude what they call inherently dangerous activities. We sort that out so you can focus on recovery.

When a Child Is Hurt on an E-Bike

Many e-bike cases involve children and teens. Our partners are Board-Certified Specialists in Juvenile Law, and much of our practice is devoted to protecting children. Whether your child was injured by a negligent driver or a young rider is facing a traffic charge after a crash, we can help you understand every option in both the injury case and, when needed, the juvenile case.

Who May Be Liable After an E-Bike Crash

Liability may rest with a driver who failed to yield or turned across a rider’s path, with a property or government entity responsible for a dangerous road or trail condition, or with a manufacturer if a battery, brake, or throttle defect caused the crash. Claims against government entities involve strict notice deadlines and damage caps, so it is important to act quickly.

E-Bike Accident FAQs

Does insurance cover an e-bike crash?

Usually yes, but the money rarely comes from insurance on the e-bike itself. Florida does not require e-bike riders to carry insurance (Fla. Stat. § 316.20655), so recovery is built from other policies: the at-fault driver's bodily injury liability coverage; your own uninsured/underinsured motorist (UM) coverage if you, or a relative you live with, have an auto policy; and sometimes Personal Injury Protection (PIP), which can cover a person struck by a car while not riding a "self-propelled vehicle" (Fla. Stat. § 627.736), a phrase Florida courts have not yet squarely applied to e-bikes. Because Florida drivers are not required to carry bodily injury coverage, UM is often the largest source of recovery. Insurers frequently point at each other, so we identify every available policy and put each one on notice early.

My child was riding when it happened. Could they be in trouble?

Possibly, depending on what your child was riding and where. Florida has no statewide minimum age for e-bikes, but cities and counties may set one (Fla. Stat. § 316.20655(8)); St. Augustine Beach, for example, now bars e-bike operators under 12. The bigger risk is a "bike" that is legally something else: a machine with a motor of 750 watts or more, or motor assistance above 28 mph, is not an e-bike under Florida law, and a young rider without a license or registration can face traffic or criminal charges. A charge does not automatically defeat an injury claim against a careless driver, but the two cases affect each other. Both partners are Board Certified in Juvenile Law by The Florida Bar, and we handle both sides: the injury claim and, when needed, the juvenile case.

How long do I have to file?

In most Florida e-bike injury cases, you have two years from the date of the crash to file a lawsuit (Fla. Stat. § 95.11, as amended in 2023). A wrongful death claim generally must be filed within two years of the death. Claims against a government entity, such as a dangerous road or trail condition or a crash with a city or county vehicle, require formal written notice under Fla. Stat. § 768.28(6) before a lawsuit can be filed, and damages are capped at $200,000 per person and $300,000 per incident; a 2026 bill to raise those caps was vetoed. If PIP may apply, get medical treatment within 14 days of the crash. Evidence fades much faster than any of these deadlines, so it is best not to wait.

What does it cost to hire you?

Nothing up front. Injury consultations are free, and we handle e-bike crash cases on a contingency fee: our fee is a percentage of what we recover for you, set out in a written fee agreement you review and sign before we begin. If there is no recovery, you owe nothing: no attorney's fee and no case costs. At your consultation we explain exactly how the fee and case costs are calculated, so there are no surprises. Call (904) 619-5244, Monday through Friday, 9 a.m. to 5 p.m., to schedule a consultation in English or Spanish.

I wasn't wearing a helmet, or I was riding on the sidewalk. Can I still recover?

Yes, in most cases. Florida law requires riders under 16 to wear a helmet, but it also says that not wearing one cannot be treated as evidence of negligence or comparative negligence (Fla. Stat. § 316.2065). Sidewalk riding is generally allowed for e-bikes in Florida unless a local rule restricts it, and a bicyclist on a sidewalk has the rights and duties of a pedestrian. Insurers will still argue that you share the blame. Under Florida's modified comparative fault rule, adopted in 2023 (Fla. Stat. § 768.81(6)), your recovery is reduced by your percentage of fault, and you recover nothing only if you are found more than 50% responsible. That makes early evidence, including video, photos, and witness names, especially important.

What is the difference between an e-bike and an e-moto, and does it matter for my claim?

Yes, it matters a great deal. Under Fla. Stat. § 316.003, an e-bike has working pedals and an electric motor of less than 750 watts, and fits one of three classes: Class 1 (pedal-assist up to 20 mph), Class 2 (throttle up to 20 mph), or Class 3 (pedal-assist up to 28 mph). A machine that exceeds those limits, which is often marketed online as an "e-bike," may legally be a moped or motorcycle that requires a driver's license and registration. That classification can change which insurance applies, whether PIP is available, and how the insurer argues fault. If you are unsure what you or your child was riding, keep the bike, its class label, the box, and the purchase listing, and do not modify or sell it.

I was just hit on my e-bike in Jacksonville. What should I do first?

Get medical care first, then protect the evidence. Call 911 so the Jacksonville Sheriff's Office (or the local agency in Clay, St. Johns, or Nassau County) makes a crash report, and get the driver's name, insurance, and plate number. Photograph the scene, your injuries, the vehicle, and your e-bike, and ask nearby businesses about cameras before footage is recorded over. See a doctor within 14 days to preserve any PIP claim. Keep the e-bike exactly as it is, without repairing, selling, or returning it, because its class label and damage can matter. Do not give a recorded statement to the driver's insurer before talking with a lawyer, and do not post about the crash online.

Can I sue the e-bike manufacturer if the battery, brakes, or throttle failed?

Possibly. If a defect caused or worsened the crash, such as brakes that failed, a throttle that stuck, a frame that broke, or a lithium-ion battery that caught fire, Florida product liability law may allow claims against the manufacturer, the distributor, and sometimes the seller, in addition to any driver at fault. These cases depend on the physical evidence, so preserve the e-bike, battery, charger, and receipt, and do not let the seller or an insurer take the bike for "inspection" without a lawyer involved. Many low-cost e-bikes are imported, which can make it harder to identify who is responsible, and product claims can carry different deadlines than a standard crash case. We evaluate whether a product claim exists alongside the negligence claim.

Please note: we do not handle appeals or standalone civil rights (Section 1983) claims.

Talk to a Florida E-Bike Accident Lawyer

Call, text, or email us today for a free, confidential case review. Our firm is fully bilingual, and you will work directly with your attorney, never a call center.