South Florida Personal Injury Lawyers Blog
Florida Statute § 316.20655 treats an electric bicycle as a vehicle “to the same extent as a bicycle,” and gives its rider the same rights and duties as any bicycle rider. A 2026 bill, CS/SB 382, would have added speed and yielding rules for e-bikes near pedestrians. The Governor vetoed it on June 25, 2026, so every Florida e-bike crash is still judged under the statute as last amended in 2025.
After a Florida e-bike crash, fault is measured against the bicycle rules, the e-bike rider is not required to carry any insurance, and no-fault coverage does not apply when an e-bike strikes a pedestrian. Whether an e-bike rider hit by a car can draw personal injury protection (PIP) benefits is a closer question that the statute does not answer in terms.
Friedman Rodman Frank & Estrada represents riders and pedestrians in Miami bicycle and e-bike accident claims throughout Miami-Dade County, including crashes on bike lanes, shoulders, and multiuse paths.
What the Vetoed E-Bike Bill Would Have Changed
An electric bicycle under Florida law is a bicycle or tricycle with fully operable pedals, a seat or saddle, and an electric motor of less than 750 watts. Section 316.003 sorts e-bikes into three classes by how the motor assists the rider and the speed at which it stops. The enrolled text of CS/SB 382 would have added these rules and reporting duties:
- On a shared pathway not next to a roadway, an e-bike rider would have had to yield to pedestrians and give an audible signal before passing one.
- On a sidewalk or other pedestrian area, an e-bike could not go faster than 10 miles per hour with a pedestrian within 50 feet.
- A violation would have been a noncriminal, nonmoving traffic infraction.
- Law enforcement agencies would have kept a list of every crash they investigated involving a micromobility device, and a task force would have reported to the Legislature.
None of that took effect. Under the current statute, a rider may use an e-bike wherever bicycles are allowed, including streets, shoulders, bicycle lanes, and multiuse paths. Cities and counties may still regulate e-bikes on sidewalks by ordinance, and a local government may set minimum ages and require riders to carry photo identification.
Who Pays After a Florida E-Bike Crash
Section 316.20655(2) exempts an e-bike and its rider from Florida’s financial responsibility, license, and registration laws. An e-bike rider who hits a pedestrian may have no insurance at all, and the pedestrian may have to pursue the rider personally.
The PIP statute defines a motor vehicle, in § 627.732(3), as a self-propelled vehicle with four or more wheels. An e-bike is not one. A pedestrian’s own PIP pays for injuries caused by physical contact with a motor vehicle, so it does not reach a pedestrian struck by an e-bike. When a car hits an e-bike rider, § 627.736 extends PIP to a person injured “while not an occupant of a self-propelled vehicle,” and the definitions in § 627.732 do not define that phrase. We look at the facts of each crash on that point rather than assume an answer either way. A negligence claim against the driver who caused the crash is available regardless.
How Fault Is Weighed When an E-Bike Rider Is Hurt
An e-bike rider carries a bicycle rider’s duties, including the lighting rule in § 316.2065(7). Between sunset and sunrise, a bicycle must have a front lamp showing white light visible from 500 feet and a rear lamp and reflector showing red visible from 600 feet. If you were riding after dark, expect the driver’s insurer to ask whether your bike had both lights, since a missing one gives it a way to shift blame onto you.
Under § 768.81(6), an injured person found more than 50 percent at fault recovers nothing, and a lower share of fault reduces the recovery by that percentage. Florida’s comparative fault rules let a jury divide fault among the driver, the rider, and others whose conduct contributed, including people who are not parties to the lawsuit.
Talking With Us After an E-Bike Crash
Photos of the bike’s lights and classification label, the crash report, and any video from nearby businesses help show who was at fault and whose insurance applies. Friedman Rodman Frank & Estrada has represented injured cyclists, pedestrians, and drivers across Miami-Dade and South Florida since 1976. Call (305) 448-8585 or contact our Miami office for a free consultation. We work on contingency, so you pay nothing unless we recover for you.