Electric Motorcycles or Electric Bicycles: What is the difference?  

Written by Chris Dolan

This week’s question comes from Lawrence from Marin County, CA, who asks: I have seen kids (ages 12-15) ride e-bikes resembling motorcycles. Some kids wear full-face helmets, while others wear regular helmets. I’m no stranger to riding motorcycles with full gear, but I have concerns when I see e-bikes on the sidewalk, local parking lots, bike paths, and fire roads. These kids have good handling skills doing wheelies on the sidewalk. Seems dangerous to me. Are these e-bikes considered bicycles? How are they classified? Do you need a license to operate one? They can travel at high speeds. I have concerns that someone will be seriously injured, both the rider and pedestrians.  

Dear Lawrence,

You are not alone. Many people, especially sidewalk pedestrians, have safety concerns. We should briefly touch on what e-bikes are and how they are classified. Another problem is that the next wave of electric vehicles is approaching fast, and we are now seeing what appear to be electric motorcycles zooming past the e-bikes. 

An electric bicycle (e-bike) is a bicycle with an electric motor that assists in the propulsion of the bike instead of being propelled solely by the pedaling of its rider, as with a traditional bicycle. In California, e-bikes’ motor must be less than 750 watts. This rule may sound familiar, as we have previously discussed the e-bike classifications on our blog. Right now, let’s focus on this new wave of electric motorcycles and talk about why they are not e-bikes according to the laws in California. 

There are several other classifications of bicycles in California, and this new wave of electric motorbikes will likely fall into one of these classifications. The difference between these below classifications is the type of license needed and how fast the vehicles can be. 

California licenses have three important endorsements: M-1, M-2, and Class C.

  • An M-1 endorsement allows a licensed driver to operate any two-wheel motorcycle, motor-driven cycle, or motorized scooter and all vehicles listed under Class M2;
  • An M-2 endorsement allows a licensed driver to operate any motorized bicycle, moped, or motorized scooter. These are the slower of the motorized bikes;
  • Class C licensees, a standard driver’s license, may only operate a motorbike if it has a sidecar attached, is three-wheeled, or is a motorized scooter. 

Knowing these three classifications informs us already that the riders of these motorized bikes should have a license. If they don’t, they could risk legal trouble or hurt others due to the lack of necessary precautions and training.

Motorized Bicycle

California Vehicle Code § 406(a) defines a motorized bicycle and moped as any two or three-wheeled device with fully operative pedals for propulsion by human power or no pedals if powered solely by electrical energy. Further, a motorized bicycle has an automatic transmission, a motor (electric or not) with some restrictions on horsepower. It can propel the device at a maximum speed of not more than 30 miles per hour on level ground. A valid driver’s license with at least an M-2 endorsement is required for a motorized bicycle like this. 

Motor-Driven Cycle

California Vehicle Code § 405 sets forth yet another classification of bikes: Motor-Driven Cycle. These have a motor of less than 150cc. These are one step above the motorized bicycles and require an M-1 endorsement to ride. This is the same endorsement required for a standard motorcycle. 

Motorcycle

California Vehicle Code § 400 defines a motorcycle and it is important to know that these vehicles have more than 150cc of power in their engine. An M-1 endorsement is required to ride a motorcycle. 

As a society, we have built a world of cars, trucks, and other massive, metal, high-speed tools that can devastate, injure, and kill at a moment’s notice. This devastation is amplified when someone is riding on an unprotected, two-wheeled, hard-to-see machine. These new motorized bikes are not “e-bikes” and certainly not bicycles.  At Dolan Law Firm, we see this devastation and its impact on many lives. Even the most careful riders can be impacted by motorized vehicles’ dangers. It is very important to recognize why these bike classifications exist and why license endorsements are a requirement to ride motorized bikes. 

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Cycling Accidents Are on The Rise

Written By Chris Dolan and Anna Pantsulaya

This week’s question comes from Leo from San Francisco, CA, who asks: Since more people are cycling for health, environmental, and many other reasons, how can cyclists lessen their chances of being killed on the road? 

Hi Leo,

That’s a great observation. Each year, the world witnesses an increasing number of cyclists taking to the streets, embracing a sustainable and healthy mode of transportation. However, amidst this surge in popularity, a dark and unsettling reality looms large–the rising number of cyclist deaths. The streets we envisioned as havens for cyclists are turning into danger zones, and we can no longer ignore the devastating consequences. The urgency to address this issue has never been more pressing. Let’s dig into the alarming rise in cyclist deaths and explore the staggering statistics related to cyclist deaths on our roads.

Cycling on the streets, while promoting a healthy and eco-friendly lifestyle, is not without its hazards. Cyclists face numerous dangers that put their lives at risk every time they venture onto the roadways. The lack of designated cycling infrastructure in many cities forces cyclists to share space with motor vehicles, resulting in a constant battle for space and visibility. Inadequate or poorly maintained bike lanes and reckless driving habits increase the chances of collisions and accidents. Additionally, distracted driving, speeding, and a general lack of awareness among motorists about sharing the road with cyclists contribute to the perilous conditions. Unpredictable weather, road conditions, and limited lighting further amplify the risks. The hazards of bicycling on the street are real and demand immediate attention to ensure the safety of cyclists and create a harmonious coexistence between all road users.

According to a recent report from the National Highway Traffic Safety Administration (“NHTSA”), in 2021, a staggering 966 cyclists lost their lives in traffic accidents. This unfortunate statistic represents the highest number of cycling fatalities in a single year since 1975. Moreover, it highlights a concerning trend of yearly increases in cycling deaths nationwide. The NHTSA also reports that the number of pedal cyclists injured in traffic crashes reached 41,615 in 2021 – a 7% increase from 2020.

When analyzing data from the NHTSA and the U.S. Census Bureau, it becomes evident that there was an average of 2.7 fatal bicycle crashes for every million U.S. residents between 2017 and 2021. This figure represents a 5% increase compared to 2012-2016. In 2021 alone, cycling fatalities were reported in all 50 states, with more than half of the deaths concentrated in the top five states: Florida, California, Texas, New York, and Arizona.

Ensuring personal safety should be a top priority for cyclists when navigating the roads. By adopting a proactive approach and following essential safety measures, cyclists can greatly reduce the risk of accidents and protect themselves from harm. Firstly, wearing a properly fitted helmet is crucial to safeguarding against head injuries. Additionally, cyclists should invest in reflective clothing and accessories, making themselves more visible to motorists, especially during low-light conditions. Obeying traffic rules and signals is essential, as it helps maintain predictability and enables other road users to anticipate the cyclist’s movements. Staying vigilant and constantly scanning the surroundings for potential hazards is also vital. Regular bike maintenance, including checking brakes, tire pressure, and lights, ensures optimal performance and reduces the likelihood of mechanical failures. Lastly, cyclists should choose routes with dedicated cycling infrastructure, such as bike lanes or paths, to minimize exposure to motor vehicle traffic. By adhering to these safety guidelines, cyclists can significantly enhance their well-being and enjoy a safer riding experience.

When injured in a cycling accident, contacting an attorney is crucial in protecting one’s rights and seeking appropriate compensation. The aftermath of a cycling accident can be physically and emotionally overwhelming and dealing with insurance companies and legal processes can be complex and daunting. By consulting an experienced attorney specializing in personal injury cases, cyclists can gain invaluable guidance and support. An attorney can navigate the legal complexities, investigate the accident, gather evidence, and build a strong case for the injured cyclist. They possess the knowledge and expertise to negotiate with insurance companies, ensuring that victims receive fair and just compensation for medical expenses, property damage, lost wages, and pain and suffering. Moreover, attorneys can provide invaluable advice on interacting with insurance adjusters and help protect victims from potential tactics used to minimize their claims. Ultimately, enlisting the services of an attorney empowers injured cyclists to assert their rights, level the playing field, and obtain the legal recourse they deserve for their injuries and losses. 

With a wealth of expertise in handling cases involving injured cyclists, the legal professionals at The Dolan Law Firm possess extensive experience in this field. If you or a cherished family member have suffered injuries in a cycling accident due to the negligence of another party, we encourage you to approach our skilled attorneys for assistance confidently. Rest assured that our team is well-equipped to provide you with the support and legal representation necessary to seek justice and fair compensation for your circumstances.

For more information on Dolan Law Firm, you can go to Dolanlawfirm.com. To read more articles on our blog, visit us at www.dolanlawfirm.com/blog.

Christopher B. Dolan is the owner of the Dolan Law Firm. Anna Pantsulaya is an associate attorney in our Los Angeles, CA, office. We serve San Francisco Bay Area and California clients from our San Francisco, Oakland, and Los Angeles offices. Email questions and topics for future articles to: help@dolanlawfirm.com. Each situation is different, and this column does not constitute legal advice. We recommend consulting with an experienced trial attorney to understand your rights fully.

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Who Is Responsible for Railroad Tracks In the City?

Written By: Chris Dolan and Megan Irish

This week’s question comes from Renee from Atlanta, Georgia writes: After living in San Francisco for a few years and appreciating the city’s charm, I went on a bike ride with my husband. We were meandering, exploring the area by bike after having a lovely picnic. While we were riding, I looked at a butcher shop on the road beside me, and when I got to the corner, I noted the street signs so I could come back later and shop. Unfortunately, this simple distraction meant I rode a few inches outside of the bike lane, and when I did, my bike tire slipped into an abandoned railroad track in the roadway. I attempted to steer out, only to find myself and my bike toppling over. I stretched out my arm to break my fall, which was a terrible idea. Instead of breaking my fall, I broke my humerus head in three places. After searching for the right surgeon, they repaired my injury with a plate and nine screws. It took me a year of intense physical therapy to regain about ninety percent of my mobility. Lesson learned. Do not steer out of the tracks but instead stop. Is there anything we can do to make the roads safer for cyclists? How can we improve awareness for cyclists about how dangerous the tracks are for them? The groove is just the size to trap a bicycle tire and cause others to fall, just like I did. I wish there were something I could do, now that I have moved back to Georgia, to help keep San Franciscans safe while they enjoy the city on a bicycle. I want to spread my message to “Just Stop” so that folks can carefully stop riding and then remove their bicycle tire from the track groove and go on their way safely, thereby avoiding the dangers of the tracks on the roadway.

Dear Renee, 

Thank you for your note, and you are entirely correct; railroad tracks can be dangerous to bicycle riders. However, these are challenging cases to prevail on. If the tracks belong to the city, the city may have immunity from liability. According to the Government Code, section 830.6,

“Neither a public entity nor a public employee is liable … for an injury caused by the plan or design of a construction of, or an improvement to, public property where such plan or design has been approved in advance of the construction or improvement by the legislative body of the public entity or by some other body or employee exercising discretionary authority to give such approval ….” 

This protection for the city is called ‘design immunity.’ It means if the city properly approves the placement of the tracks, even if they are dangerous, an injured person may be unable to recover from the governmental entity. When tracks are in the roadway, the city or other entity would argue that anyone can see them as an open and obvious hazard. Unfortunately, just as in your case, looking about for directions, street names, or watching for other vehicle hazards means you are not always looking down for the small groove and may get your tires caught up in them. However, depending on the circumstances, an injured party may be able to argue that the dangerous condition constituted a trap under Government Code section 830.8 which states:

Neither a public entity nor a public employee is liable under this chapter for an injury caused by the failure to provide traffic or warning signals, signs, markings or devices described in the Vehicle Code. Nothing in this section exonerates a public entity or public employee from liability for injury proximately caused by such failure if a signal, sign, marking, or device (other than one described in Section 830.4) was necessary to warn of a dangerous condition that endangered the safe movement of traffic and which would not be reasonably apparent to, and would not have been anticipated by, a person exercising due care. 

Generally, suppose a person using the roadway, with due care, would not have appreciated the dangerous condition. In that case, they may be able to argue that the condition constituted a trap and hold the entity liable for the dangerous condition. If the tracks are owned by a private railroad, the individual company may be responsible for the injury. Thank you for being so interested in keeping all riders safe and aware of the dangers the tracks may present for cyclists.  

 

Christopher B. Dolan is the owner of the Dolan Law Firm. Megan Irish is an associate attorney in our Oakland, CA, office. We serve clients throughout the San Francisco Bay Area and California from our offices in San Francisco, Oakland, and Los Angeles. Email questions and topics for future articles to: help@dolanlawfirm.com. Each situation is different, and this column does not constitute legal advice. We recommend consulting with an experienced trial attorney to understand your rights fully.
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Bicycle Safety Tips in 2023

Written By: Chris Dolan and Allison Stone

This week’s question comes from Andie in San Francisco, who asks: Spring is upon us, and more and more of us ride our bicycles outside. What are some simple tips for riding our bicycles safely?

Andie,

“Bicycle Safety Month” and “Bike To Workday” are both in May so it is a great time to review some of the safety tips. While bicycling is a great means of transportation and exercise, it can also be quite dangerous if cyclist don’t take certain precautions. Unfortunately, collisions between cyclists and motorists are common and often result in serious personal injuries. 

According to the DMV, over 100 bicyclists are killed, and over 10,000 are injured yearly in California collisions. Bicyclists have the same responsibilities as motorists. It is important to remember the following safety tips every time you ride a bike:  

ALWAYS WEAR A HELMET WHILE BICYCLING 

The basic law in California is that: bicyclists aged 18 and older riding on a street, bikeway, or any other public bicycle path, sidewalk, or trail are not required to wear a bicycle helmet while riding a bike, while bicyclists under the age 18 riding on the street, bikeway, or any other public bicycle path, sidewalk, or trail are required to wear an approved, properly fitted and fastened bicycle helmet, both while operating a bicycle and while riding as a passenger, including a restraining seat attached to a bicycle or in a trailer towed by a bicycle. California Vehicle Code Section 21212(a). 

In other words, for adult bicyclists, no law requires using a helmet, but for those under 18, helmet use is mandatory except while bike riding on private property. 

Nevertheless, we strongly recommend that minors and adults wear bike helmets in every situation. Helmets can reduce the risk of head and neck injury in a bicycle versus auto collisions.

It is also essential to know and understand that although adults are not required to wear a helmet in California if injured in an accident while riding without a helmet, even where the other person or driver is at fault, the lack of a helmet is likely to be an issue in your case and the other driver will argue that you should are responsible for all or at least a portion of your injuries due to your failure to wear a helmet. 

Remember, helmets have an expiration date. They can degrade over time, so be sure to replace them when it is time for a new one. Consider replacing the helmet in a collision, even if you do not see damage.

ALWAYS USE LIGHTS, REFLECTORS & BRIGHT CLOTHING

One of the most important tips for bike riders is that you want to be noticeable to drivers. Bikes are significantly smaller than cars and, therefore, inherently far less evident to drivers.

Using lights and reflectors at night is the law.  Lighting includes but is not limited to a front lamp emitting a white light visible from 300 feet in front and the sides of the bicycle and a rear red reflector or a solid or flashing red light with a built-in reflector visible from 500 feet. Be sure to refer to California Vehicle Code Section 21201 which sets forth the specific requirements for all the reflectors and lights required on the bike. 

Further, the California Vehicle Code sets forth a minimum requirement. You always want to do whatever you can to make yourself more visible.  

A bright front headlight paired with a blinking taillight enhances visibility, particularly if you commute on your bike. Reflective tape and stickers for your bike and helmet are also a good idea to make you more conspicuous.  

Additionally, wearing bright clothing such as orange and yellow helps drivers see you from farther distances and especially in busy areas, at night, and in bad weather (dawn, dusk, gloom, or fog). Avoid wearing dark clothing when it is dark outside.

MISCELLANEOUS TIPS FOR BIKE RIDING SAFELY

First and foremost, always obey traffic laws, including signaling, obeying traffic lights and signs, and do not jump or attempt to beat a red light. Riding predictably and lawfully allows other drivers to predict your behavior and avoid a collision due to conduct that is out of the ordinary or unexpected.  

As with driving an automobile, always be alert and aware of your surroundings and the conditions around you. Do your best to assess potential impediments, obstructions, and other negligent drivers on the road.  Many accidents occur at junctions and intersections, so take extra steps, such as making eye contact with the other drivers on the road, to ensure you are seen in these areas, including crossings. Be sure to look over your shoulder before turning or changing lanes. Also, use your bell to warn other bicyclists and pedestrians of your presence. Never assume others see you. 

Try to ride a door’s width from parked cars to avoid a car door opening in your path and hitting you.

Remember to remain distraction-free—do not text or look down at your phone.  Avoid riding and wearing headphones to ensure you can hear everything around you. You do not want to be doing anything or listening to anything which may prevent you from seeing or hearing your surroundings.

Always keep both hands on the handlebars.  

Do not consume alcohol when riding a bike.  

Ensure your bike is in good, roadworthy condition, including maintaining the brakes and tires.  Before riding, always check to make sure the brakes, lights, bell, and reflectors are working properly.

Auto versus bicycle collisions can have severe consequences for bicyclists. Keep these tips in mind to stay safe.  

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Celebrating National Bike Month and Bicycle Safety Month 2023

May is National Bike Month/Bicycle Safety Month and our Bicycle Accident Personal Injury lawyers want to remind all cyclists to ride safely and avoid any serious bicycle crash injuries. We encourage bicyclists to follow traffic laws, use proper hand signals, be aware of their surroundings and, most importantly, wear a helmet. The Dolan Law Firm is also giving away up to $200 cash towards a new helmet of your choice to promote safety awareness for bicyclists. If you would like to sign up for the giveaway, click here.

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We have sponsored local bicycle groups for many years, including the California Bike Coalition, the Bay Area’s biggest Bicycle event with San Francisco Bicycle Coalition, Bike East Bay and the Marin County Bicycle Coalition. This annual event is celebrated by thousands of people who choose to leave their motorized vehicles at home and participate in a healthier alternative to get to work, school, and other activities.

On Bike to Work Day 2023 (BTWD 2023), energizer stations will be set up throughout the Bay Area, supporting early morning cyclists with free swag and safety tips on bicycling in urban areas.

Before you head out and bike, we want to make sure you ride safely. Click here to download our free Bay Area Bike and Safety Law Guide to celebrate the biggest day for bicycles.

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How Will AI Transform the Practice of Personal Injury Law?

Written By Christopher Dolan and Cioffi Remmer

This week’s question comes from Robert in Oakland, CA, who asks: How will AI and the ChatGPT app impact the practice of personal injury law?

Dear Robert,

The public’s interest in Artificial Intelligence has surged recently with the introduction of “ChatGPT,” OpenAI’s Artificial Intelligence application. On ChatGPT, you can prompt the AI program to write essays, articles, speeches, book reports, answer questions, and even write software code.  To answer your question, I asked ChatGPT to write an article on AI’s impact on practicing personal injury law in the next five, ten, and 20 years.  Here’s what ChatGPT wrote:

“Artificial intelligence (AI) is rapidly transforming various industries, and the legal industry is no exception. AI-powered applications like ChatGPT have the potential to revolutionize the practice of personal injury law in the coming years. In this article, we will explore the impact of AI on personal injury law over the next five, ten, and 20 years.

Personal injury law involves cases in which a person is injured due to the negligence of another party. Such cases can be complex and time-consuming, requiring extensive research and analysis of legal precedents and statutes. This is where AI-powered applications like ChatGPT can be particularly useful.

In the next five years, AI-powered legal research tools will become increasingly common. These tools can quickly and accurately analyze large volumes of legal data, including court opinions, statutes, and regulations. This will allow lawyers to conduct legal research more efficiently and effectively, saving time and money for their clients.

Furthermore, AI-powered applications can assist lawyers in predicting case outcomes and settlement values. By analyzing data from past cases and considering various factors, AI algorithms can provide insights into the potential outcomes of a case. This can help lawyers to make better-informed decisions and advise their clients accordingly.

In the next ten years, we can expect to see AI-powered applications being used to streamline the litigation process. For example, AI algorithms can analyze medical records and other evidence to help lawyers build stronger cases. This can reduce the need for expensive expert witnesses and simplify the discovery process.

Moreover, AI-powered applications can assist lawyers in drafting legal documents, such as pleadings and motions. These applications can analyze past cases and legal precedents to generate documents that are tailored to the specific needs of a particular case. This can save lawyers a significant amount of time and improve the quality of their work.

In the next 20 years, AI-powered applications may even be able to assist with settlement negotiations and courtroom arguments. For example, AI algorithms could analyze the personalities and behavior of judges and opposing counsel to predict their responses to certain arguments. This could help lawyers to craft more persuasive arguments and negotiate more favorable settlements for their clients.

However, as with any technological advancement, there are also potential drawbacks to the increasing use of AI in personal injury law. One concern is the potential for bias in AI algorithms. If these algorithms are trained on biased data, they may perpetuate existing inequalities and injustices in the legal system. Moreover, the use of AI may raise ethical concerns around the role of lawyers and the potential de-skilling of certain legal tasks.

In conclusion, AI-powered applications like ChatGPT have the potential to significantly impact the practice of personal injury law in the coming years. While there are potential risks and challenges associated with the increasing use of AI in the legal industry, there are also significant benefits to be gained. As AI continues to evolve, we can expect to see even more innovative applications being developed to assist lawyers in their work.”

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Who is Liable When Potholes Cause Accidents?

Written By Chris Dolan and Cristina Garcia

This week’s question comes from Kathy J. in the Sunset District, who asks: After this year’s stormy winter, new potholes seem to be appearing daily. Over the weekend, I was driving to my friend’s house when I hit a pothole in the road. The pothole caused me to lose control of my vehicle, and I eventually crashed into a tree. The impact destroyed the front of my car and deployed my airbags. I vaguely recall the police officer and ambulance arriving. At the hospital, I was diagnosed with facial bruising, a concussion, and a broken wrist. I am unsure what my next steps are, as the accident did not involve another vehicle, and I was not at fault for crashing into the tree. However, I now have large medical bills, and my car has significant property damage. Who is responsible if a pothole leads to an injury?    

Dear Kathy,

That is a great question. Potholes are more prevalent after heavy rains as the precipitation saturates the ground and causes the asphalt to break up. Government entities such as cities, counties, the State, or the Federal government own public roadways.  Therefore, the first step is determining which entity owns the road. A government entity, like any other property owner, is responsible for maintaining its premises in a reasonably safe condition. It is important to note that “reasonably” does not mean in perfect condition or that maintenance needs to occur instantaneously. However, showing that the responsible government entity had notice of the pothole is essential in establishing liability. 

Many cities and counties have online portals or phone numbers where residents can report dangerous roadway conditions such as potholes. For example, in San Francisco, the SF311 Mobile App can be used to submit service requests. For this reason, it is important for anyone who comes across a pothole, whether you are a driver or a pedestrian, to file a service request notifying the government entity of the roadway condition.

California Government Code §§ 830 et seq. lays out the rules for liability stemming from any “dangerous condition of public property,” defined as a condition that creates a substantial risk of injury when such property is used with due care in a reasonably foreseeable manner. Cal. Gov. Code § 830.2. Special rules apply when filing a claim against a government entity. The injured individual must file an administrative claim before filing a personal injury lawsuit against a government entity. It is important to note that there is a limited time in which you can bring an administrative claim against a government entity. Under California Government Code Section 910, you must file a claim against the government entity within six (6) months after the event or occurrence. Be sure to file the claim with the appropriate government office or agency. Further, it is equally important that you use the claim form of that government agency when filing a claim, as section 910 prescribes a list of the required information you must provide in your claim. Otherwise, the claim may be deemed invalid.   

While the government entity can be held responsible for dangerous conditions on its roadways, it is critical to note that a non-trivial dangerous condition does not mean the city is liable for damages. Further, when a claimant can prove the statutory requirements, the government entity may still raise several defenses to defeat liability. It may argue that it exercised due care by posting warning signs to prevent vehicles from hitting potholes or claiming that it is “open and obvious”; therefore, no warning signs were necessary. 

Claims against any government agency present their unique challenges. There are strict time limits and different procedural rules that apply to government claims. For this reason, it is important to retain a skilled trial attorney to assist you in pursuing your government claim and ensure you obtain the compensation that you deserve. 

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New California Laws in 2023 | Omni Bike Bill

Written By Chris Dolan and Allison Stone

This week’s question comes from Jennifer from Oakland, who asks: With new changes to the traffic laws in 2023, what do motorists, bicyclists, and pedestrians need to know to share the road safely?

Dear Jennifer,

Thank you for your question. Yes, new laws are affecting drivers, bicyclists and pedestrians in California. These changes began as of January 1, 2023. Here are some of the changes taking effect:

Omni Bike Bill (AB-1909)

The OmniBike Bill (AB-1909), written by Assemblymember Laura Friedman, changes how cars and bike riders share the road. The goals and purpose of the changes were to ensure that cyclists on California streets were safer and more protected, to help cyclists and motorists safely share the road, and to reduce collisions involving bike riders and motorists. The bill makes four significant changes to the vehicle code in California. 

  1. First, drivers passing a bicyclist travelling in the same direction must change lanes/move over into an adjacent traffic lane, if available, before passing a bicycle, just as it would when passing another car on the road. That is, vehicles must move into another lane with due regard for safety and traffic conditions, if practicable and not prohibited by law. This contrasts with the previous law – a.k.a. the “3-foot rule” passed in or about 2013/2014, which required that a driver passing a bike rider do so at a distance of at least three feet. Many felt this 3-foot rule was too hard to measure with two moving objects on the road, was difficult to enforce, and did not provide enough room or cushion for the safety of a bicyclist. This change is a significant improvement over the previous 3-foot rule. It offers clearer directives and makes it easier for cars to pass bikers safely while preventing and reducing serious and life-altering bicycle accidents. The requirement of changing lanes to pass will make it easier for police to cite drivers who fail to give bikes room for safety. Penalties may vary by county, but those who violate the law face fines and fees.
  2. Second, cities and counties are now prohibited from requiring and enforcing bicycle licenses’ law.
  3. Third, the new law essentially eliminates local authorities’ ability to ban electric bikes from bike paths. Class 3 electric bicycle riders are permitted on approved bicycle paths, trails, and lanes. In other words, there is no longer a statewide ban on class 3 (the fastest) electric bikes on bicycle paths, trails, bikeways, bicycle lanes, equestrian trails, and hiking and recreational trails.  Notably, electric bicycles can still be banned from certain hiking trails and equestrian paths.
  4. A fourth change that goes into effect on January 1, 2024, is that bicyclists can cross an intersection when a “WALK” pedestrian signal is on instead of only when there is a green light.

Freedom to Walk Act (AB-2147)

Another important change that came into effect as of 2023 is AB-2147, also known as The Freedom to Walk Act written by Assemblymember Phil Ting (D- San Francisco). This law prohibits officers from stopping pedestrians for violations such as crossing the road outside of a crosswalk (jaywalking) unless there is immediate danger of a collision. In that case, an officer can stop and cite a pedestrian. Crossing the street outside a crosswalk is now legal, and you will not get a ticket if the road is wide open. For more information, see our blog on this specific topic.  

Vehicular Manslaughter: Speeding and Reckless Driving (SB-1472)

Next, SB 1472 also known and cited as Ryan’s Law, involves speeding, reckless driving, and vehicular manslaughter. This law increases what constitutes “gross negligence” with the crime of vehicular manslaughter. Drivers involved in a fatality during sideshow activity, exhibition of speed, or speeding over 100 miles per, may now be charged with Vehicular Manslaughter with Gross Negligence. This law was enacted to ensure streets and highways are protected from reckless drivers and excessive speeding, given the increased number of fatalities and the popularity of street racing and sideshows. 

Motor Vehicle Speed Contests and Exhibitions of Speed: Off-street Parking Facilities (AB-2000)

Lastly, while it was already illegal to participate in races on the highway, AB 2000 now makes it illegal to participate in speed contests, exhibitions of speed, races, burnouts, or sideshow activities in locations including parking lots and off-street parking structures. 

 

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Do I Need a License To Ride An Electric Bicycle?

Written By Chris Dolan

This week’s question comes from Jared from San Francisco: E-bikes are taking over the streets. I see more and more every day. Do you need to get a special license to ride one, like a motorcycle? And do you need insurance to ride one? 

Thank you for the questions about e-bikes, Jared.

Electric bicycles have become a common form of transportation in the San Francisco Bay Area. It is valuable to know what e-bikes are and what the law is regarding the use of e-bikes.  

An electric bike (e-bike) is a bicycle with an electric motor that assists the propulsion of the bike instead of being propelled solely by the pedaling of its rider as with a traditional bicycle. There are a variety of e-bikes that differ in operation and power of the motor. In California, e-bikes’ motor must be less than 750 watts. If the motor is over 750 watts it will qualify as a motor driven cycle and have requirements similar to a motorcycle. 

In 2015 AB-1096 was passed by the California legislature. This law sets forth three classifications (Class 1, 2 and 3) of e-bikes based upon their maximum speed, propulsion assistance by the motor, and method of operation. 

  • Class 1: A class 1 e-bike is a low-speed pedal-assisted electric bicycle. Class 1 e-bikes are equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.
  • Class 2: A class 2 e-bike is a low-speed throttle-assisted electric bicycle. Class 2 e-bikes are equipped with a motor that may be used to propel the bicycle without pedaling, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.
  • Class 3: A class 3 e-bike is a speed pedal-assisted electric bicycle. Class 3 e-bikes are equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer. 

E-bike riders must follow the rules set forth in California vehicle code. Some general rules to remember are:

  • Pedestrians have the right of way. This includes pedestrians in and out of a crosswalk; bike riders are required to yield to pedestrians. 
  • Riders are required to stop behind crosswalks, leaving them clear for pedestrians. 
  • E-bike riders must stop at stop signs and obey traffic lights just like motor vehicles. 
  • Reflectors and a front white light are required by law at night time.
  • Class 3 e-bikes are prohibited from Class 1 multi-use bike paths such as hiking or recreational trails.
  • Class 3 e-bike riders must be over the age of 16 and wear a helmet.

California state law and vehicle code sets forth most of the rules regarding e-bikes, but local ordinances also impact how e-bikes can be used. In San Francisco it is illegal to ride on the sidewalk if you are over the age of 13. Also, in San Francisco riders must keep at least one ear open and free from any headphones or other devices that can cause distraction. You must leave one ear free to ensure you can hear your surroundings. 

When it comes to licensure and insurance, e-bikes are treated like bicycles rather than motorcycles. E-bike riders are not required to obtain any special licensure to operate them. As of 2017, all e-bikes in California are required to have a label that describes its type, top assisted speed, and motor wattage. This can be used to identify what class of e-bike is being operated. It is also unlawful to tamper with or alter an e-bike’s speed capabilities without replacing the label on the bike that specifies what the speed capabilities are.  

E-bikes are not treated as motorcycles in California and therefore liability insurance is not required. As we mentioned above, an e-bike motor is less than 750 watts, if a bike’s motor is over 750 watts the bike is classified as a motor driven cycle and will require insurance and licensure similar to a motorcycle.  

Some insurance company policies may cover injuries from accidents involving e-bikes. Base policies will generally not specifically cover accidents involving e-bikes but will cover personal injury accidents. This can leave some room to get financial compensation even if you or the other party doesn’t specifically have e-bike insurance. If you want to know the details of e-bike insurance available to you, you should contact your insurance agent or a skilled accident attorney to discuss what coverage is available under the circumstances.  

With a growing population of e-bike riders in the Bay Area it is important to stay vigilant and safe on the road. If you are ever in an accident with a bicycle, make sure your attorney knows the difference in e-bike classifications and what rights and responsibilities motorists and bicyclists have under California Law. Be safe out there, thank you for writing in with your questions.

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Are Bicycle Lights Legally Required?

Written By Chris Dolan

This week’s question comes from Luca from Mill Valley: I have simple question for you. Some riders have them some don’t. Are bike lights legally required in California?

Thank you, Luca, for the question.

The simple answer is yes, a bike light is required at nighttime. The law requires the light to meet certain requirements and requires the use of reflectors as well. Let’s start by discussing the lights and reflectors and then we will discuss what is required by California law. 

What is a Bicycle Light?

A bicycle light is typically a battery powered LED device that attaches to, or is built onto, a bicycle that helps the rider be noticed by traffic and others on the roads, paths, or trails. Bike lights also allow for greater visibility to the rider resulting in safer riding.

The front bicycle light is a white lamp, and the rear light is a red reflector or red light with a built-in reflector.

What is a Bike Reflector?

Bike reflectors are another important part of a bike that increases the visibility of bicyclists. A bike reflector is a safety device that is designed to redirect light that strikes it. When light strikes a reflector, it illuminates and emits the reflected light outward. 

While bike reflectors can be highly visible under the right circumstances, they are generally insufficient visibility aids for night riding. This is why California law requires the use of a bicycle light as well as reflectors. 

How Bright Does my Light Need to Be?

The front white light of a bicycle should be bright enough to be visible from at least 300 feet from the side and front of your bicycle. 

Light brightness is measured in lumens. Lights will be brighter and more visible to humans when its lumen rating is higher. Typical home light bulbs range from 300 to 1000 lumens. 

As a bicycle rider you want to use a light that lights up the area you are riding through and makes you visible to others hundreds of feet away. Most riders will be comfortable with a minimum lumen rating of 200. The optimal lumen rating for a front white bike light is 250-400 lumens to be sufficiently visible to others while also lighting your path forward. 

What is the Law in California for Bicycle Lights and Reflectors?

California Vehicle Code § 21201(d) sets forth the requirements for using lights and reflectors on bicycles. The law requires the use of lights and reflectors when a bicycle is operated during darkness. During the daytime, when the conditions are visible, a bicycle rider is not required to illuminate themselves with lights, although it is a safe practice to use a white front lamp and red reflector at all times when riding. 

During the darkness a bicycle must be equipped with the following:

  1. A front white light that is visible from a distance of 300 feet in front and from the sides of the bicycle.
  2. A rear red reflector or a solid or flashing red light with a built-in reflector that is visible from a distance of 500 feet to the rear.
  3. A white or yellow reflector on each pedal, shoe, or ankle visible from the front and rear of the bicycle from a distance of 200 feet.
  4. A white or yellow reflector on the front half of the bicycle (typically the front wheel); and a red or white reflector on each side of the back half of the bicycle (typically on the back wheel); or reflectorized front and back tires.

The biggest benefit of bicycle lights and reflectors is visibility. you want to be seen, so you don’t get hit by cars. Remember to practice safe biking habits and stay safe out there!  

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