The entire Sacramento region has made massive strides toward becoming bike-friendly. From the expanded protected lanes downtown to the scenic paths stretching through Elk Grove and Roseville, micromobility is booming. However, the rapid rise of electric bikes (e-bikes) and shared scooters has fundamentally transformed our traffic ecosystem. Today, traditional vehicles, gig-economy delivery drivers, and fast-moving e-bikes are all competing for the same narrow strips of asphalt.

When these worlds collide, the injuries are rarely minor. If you are struck while riding an e-bike, navigating the aftermath requires understanding a crucial piece of California personal injury law: pure comparative negligence.

The Blame Game: What is Pure Comparative Negligence? Unlike standard bicycles, many e-bikes easily cruise at speeds between 20 and 28 mph depending on their class. As a result of this this speed and power, insurance companies frequently try to shift the blame onto the rider. Adjustors argue you were traveling too fast for conditions, failed to signal, or shouldn’t have been on a specific sidewalk.

This is where California’s pure comparative negligence system comes into play. Under this rule, fault is assigned by percentages. Even if you were partially to blame for the accident, you are not barred from recovering compensation. Instead, your total financial recovery is simply reduced by your percentage of fault.

For example, if a distracted driver pulls out of a driveway in a rural Elk Grove neighborhood and hits your e-bike, then an investigation finds you were riding the wrong way down a one-way street, a court might determine you were 25% at fault and the driver was 75% at fault. If your total damages (medical bills, lost wages, and pain and suffering) equal $100,000, you would still be entitled to collect $75,000.

Here’s how to preserve your rights after a micromobility crash. Because insurance adjusters routinely exploit the grey areas surrounding e-bike regulations to devalue claims, protecting yourself starts at the scene:

• Call the Police: Ensure an official collision report is filed. Local police lines can help establish an unbiased timeline.
• Document Everything: Use your cell phone to take photos of the vehicle, your e-bike, the surrounding lane markings, and any visible injuries.
• Preserve the Tech: If you use a cycling app, GPS tracker, or dashcam, preserve that data. It can prove your actual speed and positioning at the moment of impact.

The rules and laws governing e-bikes and scooters shift quickly and each municipality may have their own set of rules. Don’t let an insurance company convince you that you have no case just because a crash was complex.

We represent people injured as a result of the careless and reckless acts of others. At the end of the day your case can only be settled one time and you need to know all of the facts beforehand. Insurance companies have paid our clients hundreds of millions of dollars in compensation because we uncover the facts. When insurance companies fail to offer full compensation our office is not intimidated at the prospect of going to trial. We help with serious injuries that require serious representation. We are the Law Offices of Guenard & Bozarth, LLP. Our attorneys have more than 60 years of experience specializing in only representing injured people. Call GB Legal 24/7/365 at 916-714-7672 or visit www.gblegal.com