Studies show, the sales of eBikes grew by 240% between 2019 and 2021 and that by 2023, around 300 million eBikes will be in use around the world. However, as eBike popularity continues to grow, both in Florida and nationwide, so will the likelihood of accidents involving eBikes. As experienced Pensacola personal injury attorneys who have helped many pedestrians, bicyclists, and drivers who have been injured in an accident, our clients want to know what laws in Florida govern eBikes? What protections do eBike riders have? And who might be responsible for injuries caused in an eBike accident?
Laws Governing eBikes
In 2020, the Florida Legislature passed House Bill 971 to define an eBike as a “bicycle or tricycle equipped with fully operable pedals, a seat or saddle for the use of the rider, and an electric motor of less than 750 watts” and divided them into three classifications:
- Class 1 assists only when the rider is pedaling and only up to 20 mph;
- Class 2 can propel without pedaling but only up to 20 mph; and
- Class 3 is pedal assist up to 28 mph.
Under the new law, eBikes are afforded all the rights, privileges, and duties of a bicycle (or the operator of a bicycle) and can be operated anywhere a bicycle can be operated, including bike lanes, streets, sidewalks, and other multi-use paths. Drivers of motor vehicles are required to give at least 3 feet when passing a rider on an eBike and eBike riders are included as ‘vulnerable road users' in crashes involving death or personal injury.
Who Might Be Responsible for Your Injuries In an eBike Accident
Personal Injury Protection (PIP) Insurance
eBikes do not have to be registered with the state, and riders do not need to take out auto insurance or be licensed with the state in any way to operate an eBike. However, eBike riders are still eligible for Personal Injury Protection (PIP) insurance benefits if they own a car, or live with a relative who does, and they are injured in an eBike crash with a car or other motor vehicle. With some exceptions and variations, PIP covers 80% of your medical bills up to $10,000 as long as the injured rider seeks treatment within 14 days of the crash.
Bodily Injury (BI) Insurance
Bodily Injury (BI) insurance is optional in Florida, but it provides insurance coverage for injuries drivers may cause to others in an accident. Meaning, if an eBike rider is struck by a motor vehicle driver who carries BI insurance, that insurance may provide coverage for the injuries if they were caused by the motor vehicle driver. Unfortunately, many drivers in Florida do not carry BI coverage because it is not required under Florida law. This is why it is important for bicyclists and eBike riders to carry Uninsured/Underinsured Motorist (UM) protection as part of their own auto insurance policy.
Uninsured/Underinsured Motorist (UM) Coverage
There is a reason we always tell clients and Florida drivers to purchase Uninsured/Underinsured Motorist (UM)coverage, as much as you can afford, because it protects you if you are struck by a driver who is uninsured (meaning, she has no insurance to cover your damages) or underinsured (meaning, she does not have enough insurance to cover your damages). If this occurs—i.e. you are hit by an uninsured or underinsured motorist and you are injured—your own UM coverage will kick in to help cover your medical bills and other damages. We recommend this coverage because it is a small cost for important protection and many drivers in Florida are uninsured or underinsured.
The Other Driver/Rider
If the other person involved in the accident (be it a driver of a motor vehicle or another eBike rider or bicyclist) caused the accident—meaning, their negligent conduct was the proximate cause of the accident—they may be liable to you for the injuries they caused in the accident. Pursuing liability in this manner generally requires you file a personal injury lawsuit against the other party for negligence seeking the medical bills, lost past and future wages, pain and suffering, etc. that you incurred as a result of the accident. You will need an experienced personal injury attorney to help you pursue the other driver/operator.
The eBike Manufacturer: Product Liability
In order to win a product liability claim, you need to prove:
- You were injured or suffered losses
- The product is defective
- The defect caused your injury
- You were using the product as it was intended
A large portion of defective product claim will hinge on whether the consumer was using the product correctly and as intended by the manufacturer. In an eBike case, the facts may show that the manufacturer failed to adequately warn end users of the dangers associated with operating an eBike or the proper protective gear needed to safely operate an eBike, making the product essentially defective. The evidence may also show the manufacturer did not undertake adequate steps in designing the eBike to ensure it could not be dangerously modified or operated. Extensive investigation and discovery of facts surrounding the design and marketing of the eBike and the accident will have to be undertaken by an experienced personal injury/products liability attorney to determine whether the eBike manufacturer might be liable for injuries sustained in an accident involving an eBike.
How to Improve Your Chance for Recovery in an eBike Accident Claim or Lawsuit
Personal injury matters are complicated, with numerous parties involved, including insurance, and multiple factors that can contribute to liability. If you have been involved in an accident involving an eBike and you sustained injuries, the best way to ensure you recover as much as possible for your injuries, from as many sources as possible, is to bring an experienced personal injury attorney, like our attorneys at Taylor, Warren, Weidner, Hancock & Barnes, onboard early on to investigate the accident and the involved parties and advise you of your rights. We never charge any fee, cost, or obligation to discuss your eBike accident/claim with you and advise you of your rights. Contact us if you have questions about an eBike accident.
Comments
scott Bricker Reply
Posted Sep 25, 2025 at 08:44:52
What is the Florida law for E-Bikes? Example, a car at a stop sign wanting to make a right turn. A E-Bike going 20 mph thru a crosswalk 1-2 feet in front of the car. The car didn’t see him and started to go and hit the E-Bike knocking him off the bike causing minor damage but Biker got up and walked it off. Still took ambulance. Officer at scene almost gave E-Biker a ticket but didn’t I think, not sure. Officer at scene said E-Bike should of stopped, got off and walked bike across the crosswalk. What is the legal law for the E Bike and the Driver? Thank you
Phillip Warren Reply
Posted Sep 26, 2025 at 07:14:17
Scott, thank you for sending this comment in. Here is what Florida law says about bikes / e-bikes, crosswalks, and right-of-way:
E-bikes are treated like bicycles under Florida law:
Florida law treats electric bicycles (e-bikes) similarly to regular bicycles in that they have most of the same rights and duties. https://www.lighthousepointfl.gov/364/E-Bike-Safety
That means an e-bike rider must obey traffic laws (stop signs, signals, yield rules, etc.) when riding on the road. https://www.theticketclinic.com/blog/florida-bicycle-laws-explained-by-a-traffic-lawyer/
Under Florida Statute § 316.2065(9), a person propelling a bicycle along a sidewalk or across a roadway via a crosswalk “has all the rights and duties applicable to a pedestrian under the same circumstances.” https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.2065.html
And under § 316.2065(10), a bicycle rider going across a crosswalk must yield the right-of-way to pedestrians, and give an audible signal before passing a pedestrian. Importantly: Florida law does not require that bicyclists dismount and walk their bikes across crosswalks. That is a common myth. https://www.clickorlando.com/traffic/2025/01/21/do-cyclists-have-to-walk-their-bikes-on-florida-crosswalks/
Right-of-way / yielding by drivers / care required:
Drivers must yield to pedestrians in crosswalks. If a pedestrian (or someone with the rights of a pedestrian, e.g. biking across in the crosswalk) is in the crosswalk or steps into it, the driver is required to stop or slow to allow safe crossing, as long as it is feasible. https://www.pedbikesrc.ce.ufl.edu/Document.asp?DocID=1785&utm
Also, drivers have a general duty to exercise “due care” to avoid collisions with pedestrians or persons propelling a bicycle.
Additionally, Florida law includes the “three-foot rule” for motorists passing bicycles: drivers must allow at least three feet of clearance when passing a bicyclist. https://www.flhsmv.gov/safety-center/driving-safety/share-the-road/
Applying the law to your scenario — who might be at fault?
Given your description:
“A car at a stop sign wanting to make a right turn. An e-bike going 20 mph through a crosswalk 1–2 feet in front of the car. The car didn’t see him and started to go and hit the e-bike, knocking him off. The biker got up, walked it off. Still took ambulance. Officer at scene almost gave e-biker a ticket but didn’t; officer said e-bike should have stopped, gotten off and walked across the crosswalk.”
Here’s how the law might view arguments for the e-bike rider:
They have the same right-of-way as pedestrian equivalent in a crosswalk. Since the statute gives someone propelling a bicycle through a crosswalk the rights and duties of a pedestrian, the rider is entitled to the protections that a pedestrian would have when crossing in the crosswalk. https://codes.findlaw.com/fl/title-xxiii-motor-vehicles/fl-st-sect-316-2065/
It is the driver’s duty to yield / look for crossing users. The driver turning through the crosswalk has a duty to yield and to take care not to hit someone legally crossing. If the driver failed to see the biker who was already or just entering the crosswalk, the driver may bear significant responsibility.
There is no legal requirement to dismount because Florida law does not require a cyclist or e-bike rider to get off and walk in the crosswalk, the e-bike rider likely could legally ride across.
Arguments for the driver / or reducing rider’s liability:
The eBiker displayed entry / unexpected behavior. If the rider entered the crosswalk suddenly and without warning, giving the driver insufficient time to react, that could reduce or shift fault toward the rider.
The eBiker was not conducting himself as safely as possible considering his speed / failure to yield / not being cautious. If the e-bike rider was going fast (20 mph in a crosswalk is relatively brisk), or did not check that traffic was clear, or otherwise did something negligent, that could count against the rider.
The Driver would argue for comparative fault / shared liability. Florida uses comparative fault principles: if both parties had some blame, damages may be apportioned. So even if the driver is mostly at fault, the rider might bear a share if they were also negligent. https://www.twwlawfirm.com/understand-florida-s-comparative-negligence-law-and-how-it-can-impact-your-personal-injury-case
The factfinder would need to evaluate the eBiker’s “feasibility” of yielding. The law often frames a driver’s duty to stop or yield “if feasible” or “if safe.” If the collision occurred in a situation where the driver legitimately could not avoid it (due to timing, blind spot, etc.), that could mitigate liability.
What likely would happen in practice:
The law enforcement officer at the scene might conside…
Phillip Warren Reply
Posted Sep 26, 2025 at 10:57:08
The law enforcement officer at the scene might consider both sides: Did the driver fail to yield? Did the rider behave in a way that made the collision unavoidable?
The officer’s suggestion that the e-biker should have dismounted is incorrect as a matter of state law (unless a local city ordinance says otherwise). That doesn’t mean a court would automatically rule in favor of the rider, but it would undercut giving the rider a ticket simply for riding through the crosswalk.
In a civil claim (injury/damages), a court would look at evidence: position of rider, timing, visibility, speed, braking, whether the driver looked, whether the rider acted reasonably, etc.
The fact that the rider “got up and walked it off” doesn’t by itself mean lack of injury or lack of merit in a claim; the ambulance and any medical records would also matter.
We hope this helps shed some light on this nuanced area of the law and what application of that law to the facts may look like. If you have any further questions or would like to discuss this further, please do not hesitate to contact our office to set up a free consultation. Our goal is to make sure you understand your rights and the best actions you can take to protect them.
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