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San Jose E-Bike Accident Attorney

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Attorney Michael Rehm — (800) 978-0754

Attorney Michael Rehm represents e-bike accident victims throughout San Jose and Santa Clara County. Electric bicycles have become a significant part of the transportation mix in San Jose — used for commuting, recreation, food delivery, and last-mile transit connections. California classifies e-bikes into three classes with different operating rules, and the legal rights and duties that apply to an e-bike rider depend on which class the bike falls into and where it is operated.

California E-Bike Classification

Vehicle Code § 312.5 defines three classes of electric bicycles:

  • Class 1 — A bicycle with a motor that provides assistance only when the rider is pedaling, ceasing when the bike reaches 20 mph.
  • Class 2 — A bicycle with a motor that can propel the bike without pedaling, ceasing when the bike reaches 20 mph.
  • Class 3 — A bicycle with a motor that provides assistance only when the rider is pedaling, ceasing when the bike reaches 28 mph. Riders must be 16 or older and wear a helmet.

Under Vehicle Code § 21207.5, Class 1 and Class 2 e-bikes may be operated on bike paths and trails that permit bicycles. Class 3 e-bikes are generally limited to roadways and bike lanes on roads. Local agencies may impose additional restrictions.

Duty of Care — Drivers Who Strike E-Bike Riders

A driver who strikes an e-bike rider is subject to the same duty of ordinary care as in any vehicle collision under Civil Code § 1714(a). The Three Feet for Safety Act, Vehicle Code § 21760, requires drivers to pass e-bike riders with at least three feet of clearance. Vehicle Code violations — failure to yield, unsafe lane changes, running a red light — may establish negligence per se under CACI No. 418.

E-Bike Product Liability

E-bikes are complex electromechanical products. Battery fires, motor failures, throttle malfunctions, and brake defects have caused serious injuries independent of any traffic collision. Where a defective component of the e-bike caused or contributed to an injury, a product liability claim may be available against the manufacturer, distributor, or retailer of the defective bike or component under the strict products liability doctrine established in Greenman v. Yuba Power Products (1963) 59 Cal.2d 57. A product is defective if it fails to perform as safely as an ordinary consumer would expect, or if its design creates a risk that outweighs the design's benefits.

Road Hazard Claims

E-bike riders traveling at higher speeds are particularly exposed to road hazards — potholes, damaged bike lanes, raised pavement, and debris. Where a dangerous condition of public property caused by a public entity contributed to the crash, Government Code § 835 may provide a basis for a claim against the City of San Jose or another public entity. Government Code § 911.2 requires a claim to be filed with the public entity within six months of the incident. Missing this deadline can potentially bar a lawsuit against a government defendant. Tolling doctrines may apply — contact Attorney Michael Rehm to assess the timeline.

Damages

Civil Code § 3333 provides that damages include all detriment proximately caused by the defendant's negligence, whether anticipated or not. Civil Code § 3283 allows recovery for future losses reasonably certain to occur. Recoverable damages include past and future medical expenses, lost earnings, pain and suffering, emotional distress, and loss of enjoyment of life.

Filing Deadline — Statute of Limitations

Code of Civil Procedure § 335.1 sets a two-year statute of limitations for personal injury claims. Missing this deadline can potentially bar a lawsuit. Tolling doctrines may apply depending on the facts — contact Attorney Michael Rehm to assess the specific timeline in your case.

Santa Clara County Superior Court

E-bike accident cases filed in San Jose are heard at the Santa Clara County Superior Court, 191 N. First Street, San Jose, CA 95113. All limited and unlimited civil cases must be filed at the Downtown Superior Court under Local Civil Rule 1(C). E-filing is mandatory for represented parties. Cases estimated to take more than one day at trial require a Mandatory Settlement Conference before the trial assignment hearing, with the MSC Statement due no later than five court days before the conference.

Related Pages

Attorney Michael Rehm handles e-bike accident cases throughout San Jose and Santa Clara County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.

Southern California Areas Served:

Phone: (619) 787-3456 Areas Served: San Diego, Vista, Chula Vista, El Cajon, Escondido, San Marcos, Oceanside, Carlsbad, Encinitas, El Centro, Los Angeles, Long Beach, Santa Clarita, Glendale, Lancaster, Palmdale, Pomona, Torrance, Pasadena, El Monte, Downey, West Covina, Norwalk, Burbank, Anaheim, Santa Ana, Irvine, Huntington Beach, Garden Grove, Costa Mesa, Riverside, Corona, Moreno Valley, Ontario, Rancho Cucamonga, San Bernardino, Santa Barbara, Santa Maria, Ventura, Simi Valley, Thousand Oaks, San Luis Obispo, Paso Robles, Temecula, Bakersfield, Clovis, and everywhere in between.

Bay Area Areas Served

Phone: (831) 431-0986 Areas Served: Santa Cruz, Aptos, Capitola, Watsonville, Salinas, Monterey, Seaside, Carmel, San Francisco, Oakland, Fremont, Hayward, Berkeley, Livermore, Concord, Richmond, Walnut Creek, Antioch, San Rafael, Novato, San Jose, Morgan Hill, Sunnyvale, Santa Clara, Palo Alto, Cupertino, Gilroy, Los Gatos, Napa, Santa Rosa, Petaluma, Fairfield, Vallejo, Vacaville, Dixon, Solano County, San Benito, Daly City, San Mateo, South San Francisco, Redwood City, Belmont, San Carlos, San Bruno, Pleasanton, Union City, San Leandro, Milpitas, Pittsburg, Danville, Rohnert Park and the entire Bay Area.

Northern California Office & Areas Served

2121 Broadway Unit 188860 Sacramento, CA 95818 Phone: (916) 233-7346 Areas Served: Sacramento, Elk Grove, Antelope, Citrus Heights, Carmichael, the friendly confines of Land Park, Folsom, Yolo, Woodland, West Sacramento, Davis, Placerville, South Lake Tahoe, Cameron Park, El Dorado Hills, Auburn, Roseville, Rocklin, Lincoln, Yuba City, Marysville, Wheatland, Colusa, San Joaquin County, Lodi, Manteca, Stockton, Tracy, Lathrop, Modesto, Turlock, Oakdale, Stanislaus County, Humboldt County, Arcata, Mckinleyville, Fortuna, Eureka, Butte County, Oroville, Paradise, Chico, Mendocino, Ukiah, Colusa, Shasta County, Redding, Calaveras, Yreka, Amador, Jackson, Lassen, Susanville, Plumas County, Quincy, Nevada County, Grass Valley, Nevada City, Truckee, Lakeport, Sonora, Madera, Crescent City, Trinity, and all of Northern California.

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