Collisions with motor vehicles

39 states have adopted the three-class e-bike framework (Class 1: pedal-assist only, 20 mph cap; Class 2: throttle-allowed, 20 mph cap; Class 3: pedal-assist only, 28 mph cap). Under the framework, Class 1 and 2 e-bikes have the same rights and duties as conventional bicycles in most road contexts. Class 3 is more restricted — some jurisdictions bar them from off-road paths and require helmets for all riders.

Comparative fault analysis is where most cases are won or lost. An adult cyclist struck in a marked bike lane while traveling within the class speed cap is generally not at fault. An adult cyclist on a Class 3 traveling at 28 mph on a 25 mph street has a different exposure. The vehicle code controls — not the insurance adjuster's instinct.

Insurers routinely raise two affirmative defenses: that the rider was not wearing a helmet (when not legally required), and that the rider 'assumed the risk' by choosing to ride in traffic. Both defenses fail in most jurisdictions when properly briefed. Helmet non-use generally cannot reduce damages unless the state statute explicitly allows it for adults. Assumed-risk is not a defense to a duty owed by a motorist under traffic law.

We have seen carriers offer $8,000 on a case with $200,000 in legitimate medical specials because the rider had no representation and did not know that the offered release waived future spinal-surgery coverage. Do not sign anything without counsel.

Modern bike-mounted cameras, helmet cameras, and ride-tracking apps with GPS speed data are now routinely admitted as evidence. So are intersection traffic cameras and nearby private business cameras — but those recordings are typically overwritten in 7 to 30 days. The first 72 hours after a collision are the highest-leverage window for evidence preservation.