Community Corner
New E-Bike Law Could Shape San Diego Crash Claims
A new state law changes how e-bikes are labeled and sold. San Diego attorney Arthur D'Egidio explains what it means after a crash.
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On September 30, Gov. Gavin Newsom signed Senate Bill 1167, a new law aimed at a problem many San Diego County parents know well. Some of the "e-bikes" sold in stores and online are not e-bikes at all. They are electric motorcycles that can reach speeds far beyond what state law allows on a bicycle. The law, written by Sen. Catherine Blakespear of Encinitas, takes effect January 1, 2027.
The signing came two weeks after the San Diego County Board of Supervisors voted 4 to 1 to direct county attorneys to investigate and take legal action against companies accused of marketing these devices as e-bikes. Board Chair Terra Lawson-Remer said many families had brought their children to county safety trainings on what turned out to be illegal electric motorcycles. Her office also cited Rady Children's Hospital data showing pediatric e-bike trauma cases rising from three in 2021 to 262 in 2025. Days before the vote, a 14-year-old was killed in an e-bike crash in Pacific Beach.
Most of the public conversation has focused on marketing and safety. For people who end up hurt, the label on the bike can matter in a different way.
"Parents think they bought a bicycle. Then there's a crash, and suddenly everyone is arguing about whether it was a motorcycle," said Arthur D'Egidio, managing partner of San Diego personal injury firm DP Injury Attorneys. "That one question can decide who pays, what insurance applies, and whether the family gets anything at all."
The law does not change California's legal limits for e-bikes. A legal e-bike still has a motor of 750 watts or less and falls into one of three classes. Class 1 and Class 2 bikes stop providing motor assistance at 20 miles per hour, and Class 3 bikes stop at 28. What SB 1167 changes is how these products are sold and documented. Starting in 2027, every e-bike sold in California must carry an easy-to-read label showing its class and top speed. Sellers of faster or more powerful devices must tell buyers the product is not an e-bike and requires registration and a license to operate. Law enforcement must also include the label information on incident reports.
D'Egidio said that last requirement may matter most to injured families.
"Right now, what the rider was on is often a fight that starts months after the crash, after the bike is gone and nobody remembers what the sticker said," he said. "Starting in January, that information goes on the police report at the scene. That's a big deal."
The classification carries real weight. Under California law, a legal e-bike is treated much like a regular bicycle. A device that exceeds those limits is treated as a motor vehicle, which comes with requirements for registration, a license, and insurance. Many families who bought a so-called e-bike for a teenager have none of those things in place.
That gap often surfaces only after someone gets hurt. Homeowners and renters policies commonly exclude motorized vehicles, and standard auto policies may not reach a device that is not a car. If an uninsured e-moto rider injures a pedestrian, the injured person may have fewer options for recovering medical costs. If the rider is the one injured, insurers on the other side may point to the device itself as a reason to reduce or deny the claim.
"Insurance companies look for any reason to pay less, and a mislabeled e-bike hands them one," D'Egidio said. "The family did nothing wrong at the checkout counter, but they can end up paying for someone else's marketing."
Fault is rarely all or nothing. California follows a rule called pure comparative fault, which means an injured person can still recover compensation even if they share some blame. Their recovery is reduced by their percentage of fault. California Civil Code Section 1714 sets the baseline for everyone on the road, holding each person responsible for injuries caused by a failure to use ordinary care.
In e-bike cases, insurers look closely at the rider's conduct, including speed, traffic signals, and helmet use. California Vehicle Code Section 21212 requires riders under 18 to wear a properly fitted helmet. Drivers carry the same duty of care, though.
"A kid on an e-bike making a mistake doesn't give a driver permission to stop paying attention," D'Egidio said. "Both people on that road had a job to do."
Sellers can be accountable too. California has long held manufacturers responsible for dangerous products. In the 1944 case Escola v. Coca-Cola Bottling Co., Justice Roger Traynor argued that a manufacturer should answer for injuries caused by a defective product it places on the market. His reasoning became a foundation of California product liability law. D'Egidio said a device sold with misleading claims about what it is, or how fast it goes, can raise questions about the seller's role in a crash. Once SB 1167 takes effect, the disclosure duties it creates may become part of how those questions are answered.
His advice for the first days after a crash is practical. Get medical care right away, even if the injury seems minor, because head injuries can be missed. Keep the bike instead of repairing, selling, or discarding it. Photograph any labels, stickers, and the speed display. Save the receipt and screenshot the original online listing, since product pages can change or vanish. And avoid giving a recorded statement to an insurance company before talking with a lawyer.
"The bike is evidence. The receipt is evidence. That product page is evidence, and it can disappear overnight," he said. "Families are focused on getting their kid healthy, which is exactly right. Just don't throw anything away."
Timing matters as well. Most California injury claims must be filed within two years. For injured minors, that clock generally does not start until they turn 18. Claims against a city or county, such as one involving a dangerous road, usually require a written claim within six months.
For San Diego families, the new law promises clearer labels starting in January. For anyone already hurt, D'Egidio's message is simpler.
"What you were riding and what you were told when you bought it can shape the whole case," he said. "Hold on to those details now, while you still have them."
About DP Injury Attorneys
DP Injury Attorneys is a San Diego personal injury law firm representing people hurt in car, motorcycle, bicycle, and pedestrian accidents, along with wrongful death, premises liability, and dog bite cases. Managing partner Arthur D'Egidio and partner Irving Pedroza lead the firm from its Mission Valley office and serve clients throughout San Diego County. The firm offers Spanish-language services and free case reviews.
To learn more, visit dpinjuryattorneys.com.
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