Love ‘em or hate ‘em: electric-assisted bikes (e-bikes) are a growing trend that are not going anywhere. With the growing popularity and presence of e-bikes on our roadways, there are safety considerations and legal implications that the motoring and cycling community should follow.
Increasing Popularity of E-Bikes
Over the past decade, Washington residents have embraced e-bikes and e-scooters for reasons ranging from minimizing carbon footprints, to commuting efficiency to recreation and fun. Shared micromobility providers like Lime, as well as private owners, have dramatically increased the presence of these devices on public roads and bike trails. According to recent data, U.S. micromobility usage jumped by 20% from 2022 to 2023, with millions of e-bikes sold in 2023.
Despite their growing popularity, e-bikes/e-scooters also generate criticism on the impact to public safety, frequently around haphazardly parked devices clogging sidewalks, dangers to pedestrians on sidewalks, and the risks associated with devices that are heavier and faster than their traditional counterparts, making them more hazardous in the event of a collision.
E-Bikes on Sidewalks: What is Legal?
Washington law RCW 46.04.169 defines e-bikes as distinct from traditional bicycles, and RCW 46.61.710 provides the following restrictions governing their operation:
- Class 1: motor assisted bikes traveling up to 20 mph. May operate in formal bike lanes and sidewalks.
- Class 2: fully motored (no pedaling), but motor stops when the bicycle reaches 20 mph. May operate in formal bike lanes and sidewalks.
- Class 3: motor-assisted while pedaling up to 28 mph. Riders on class 3 e-bikes or e-scooters must be at least 16 years old. Class 3 e-bikes (and e-scooters) shall not be operated on sidewalks unless it is the only safe option (such as a bridge).
Local municipalities have modified the specifics outlined in the state law, and cyclists should familiarize themselves with the local ordinances on e-bike operations. All state and local laws require all cyclists to yield to pedestrians in sidewalks.
Local governments retain broad authority to supplement state law by enacting ordinances affecting where these devices can operate, helmet use requirements1, and parking rules that target public safety concerns such as obstructed sidewalks and haphazardly parked vehicles. For instance, Seattle designates no-parking zones for shared devices and specifies that improperly parked bikes and scooters must be promptly relocated by vendors. Also, in June, 2025, the City of Issaquah announced that parents may face criminal charges if kids improperly ride e-bikes on public roads.
E-Bike vs. Motor Vehicle Collision: What Do You Need to Know
- Who is Responsible/Who is at Fault: The unique characteristics of e-bikes and e-scooters (e.g., weight, speed, operator inexperience) aggravate the risks in vehicle collisions. Evidence of negligent motorist behavior—such as failing to yield or violating crosswalk rules—remains pivotal.
- Municipal Codes and Comparative Fault: With municipal codes sometimes restricting where certain devices may be ridden (e.g., sidewalk bans, trail access limitations), defense arguments around fault can rest on local code violations rather than just state law. Riders’ conduct must be both lawful and reasonable under the circumstances to prevail on a collision claim.
- Insurance Coverage: Unfortunately, most micromobility bike/scooter rental providers do not carry protections for riders involved with collisions. For personal injury claims, understanding whether the at-fault driver, rental provider, or auto insurer of the rider, or any combination, are insurance sources is crucial for maximizing a recovery on behalf of the injured party. Attorney consultation is highly recommended in this instance.
The Safety and Policy Gap
The regulatory landscape is far from harmonized. Some cities adopt the bare minimum from state statutes, while others implement expanded rules—including helmet mandates, designated parking, and speed limits in certain zones enforced via GPS “geofencing”. This patchwork approach, while responsive to local circumstances, creates challenges for both riders and attorneys trying to navigate fault and responsibility after a crash.
Guidance for Victims of E-Bike Accidents
Given the complexity, victims of car versus e-bike or e-scooter collisions should act promptly:
- Obtain thorough documentation of the crash scene, including signage, speed limits, and any posted rules for micromobility use.
- Seek witnesses who can speak to the behavior of both the motor vehicle operator and the bike/scooter rider.
- Preserve copies of rental agreements, insurance policies, and correspondence with any shared providers involved.
Conclusion
As e-bikes and e-scooters become a fixture of Washington’s roads and trails, attorneys advocating for injury victims must deploy a comprehensive strategy rooted in an evolving matrix of state law, municipal codes, and factual investigation. Early consultation with an attorney experienced in these matters is the best path for securing fair treatment and robust recovery under Washington law.
- In a horrible misstep in the opposite direction of public safety and brain injury prevention, the King County Department of Public Health foolishly voted to remove the Helmet Requirement law for cyclists recently. The reader is urged to ignore this position and to ALWAYS wear a helmet when riding a bike or scooter. ↩︎
