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Electric bicycles are everywhere in Florida—from school commutes to the Pinellas Trail. If you ride an e-bike (or were hurt by one), here’s a clear guide to your rights, responsibilities, and how best to bring an injury claim under Florida law.

What counts as an e-bike?

Florida treats an e-bike like a bicycle if it has working pedals, a seat, and a motor under 750 watts. The law recognizes three classes:

· Class 1: pedal-assist up to 20 mph

· Class 2: throttle allowed, assistance up to 20 mph

· Class 3: pedal-assist up to 28 mph These are defined in the traffic code and cross-referenced in §316.003  and §316.20655.

If it goes faster than 28 mph or is modified beyond the limits, then it may stop being a “bicycle” under Florida law and can trigger different rules (think moped/motor vehicle requirements).

Where you can ride

In general, e-bikes can go everywhere bicycles can—streets, shoulders, bike lanes, and multi-use paths—unless a city or county limits them by local rule. A recent change ( SB 462, effective 2025) allows local authorities to regulate micromobility, including e-bikes, and to offer safety training. Translation: Tampa Bay cities and beach towns can set age limits, ID rules, or sidewalk restrictions in hot spots. Check your local regulations!

Helmets, lighting—and the lawsuit point many people miss

· Under 16? Helmet required. Adults aren’t required by state law, but please wear one.

· Night riding: Follow standard bicycle lighting/reflector rules.

· Key litigation rule: Not wearing a helmet may not be used as evidence of negligence against the rider. That language appears in §316.2065(18) and often surprises adjusters.

After a crash: who can be liable?

Every crash is fact-specific, but here are common defendants:

· A motor-vehicle driver (classic negligence: speeding, failing to yield, phone use, etc.).

· An e-bike rider who injures a pedestrian or cyclist (same negligence rules).

· A city/county or property owner for dangerous conditions (notice and immunity issues apply).

· A manufacturer/retailer if a defect in the e-bike or a component caused or worsened an injury (separate product-liability standards apply).

Keep in mind: Florida now uses modified comparative negligence for most negligence cases meaning if you’re greater than 50% at fault, then you can’t recover! See §768.81(6).

Insurance: where payment actually comes from

· PIP (No-Fault) Benefits: If a motor vehicle hits you (as an e-bike rider, cyclist, or pedestrian), PIP can pay medical bills regardless of fault (commonly up to $10,000, subject to emergency thresholds and policy terms). Your own auto PIP can apply; other policies may also come into play. See §627.736.

· Bodily injury (BI) liability: If the at-fault driver has BI coverage, you can recover additional medical damages, and bring claims for pain and suffering, lost wages, and more.

· Uninsured/Underinsured Motorist (UM/UIM): If the driver has no or low BI insurance, your UM can step in. (Check your policy—UM is optional but crucial for cyclists/e-bike riders.)

· Homeowners/Renters liability: If an e-bike rider injures someone, then these policies may apply, but many exclude “motor vehicles” by definition. Coverage turns on the policy wording and policies vary—read the fine print!

· Medical payments (MedPay): Some auto or property policies add a layer of medical coverage regardless of fault.

Deadlines that can make or break a case

· Negligence (most traffic crashes): 2 years to file a lawsuit if the injury occurred on or after March 24, 2023 (shortened from 4 years by HB 837). Don’t wait! See §95.11.

· Product liability: Many product liability claims arising from e-bike injuries would be barred after two years from the date of injury (with exceptions). See §95.031(2).

What to do right after an e-bike crash (step-by-step)

1. Call 911 and get a police report; note witnesses and snap photos/video (bike, damage, road marks, surroundings, signage, lighting).

1. Seek medical care immediately—tell medical providers it was an e-bike crash – records matter for causation.

2. Preserve your e-bike and gear (don’t repair or discard). Keep the charger, helmet, and any broken parts.

3. Notify insurers quickly: your auto carrier (PIP/UM), and if injured by a rider, the rider’s home/renters insurer if applicable.

4. Capture video before it’s gone: ask nearby businesses/homes for footage (Ring doorbells), red light cameras, and Tesla or rideshare/dashcam leads.

5. Talk to a lawyer early to protect deadlines, coordinate benefits, and evaluate fault.

Bottom line

If you were hurt as an e-bike rider, pedestrian, or cyclist, then act fast: get care, preserve evidence, gather video, and retain legal help before the 2-year window closes. Contact Perenich Law Injury Attorneys to speak with one of our qualified team members today!

Written by Laura Simon, Esq.

About Perenich Law Injury Attorneys

Founded by brothers Timothy, Gregory, and Terence Perenich, the firm represents individuals and families throughout the Tampa Bay area in personal injury, motor vehicle accident, medical malpractice, and wrongful death cases. With a foundation built on faith, family, and justice, Perenich Law Injury Attorneys continues to fight for those whose lives have been changed by negligence.

Learn more about our attorneys, explore our recent community involvement, or contact us for your free consultation.