Electric Bicycle & E-Scooter Accident Attorney

When a crash happens on an e-bike or electric scooter, victims face a confusing mix of traffic laws, product liability issues, and insurance gaps that didn’t exist a decade ago. The legal team at Shafner Injury Law has successfully represented clients injured on electric scooters and e-bikes, and we know how to navigate this rapidly evolving legal landscape.

Traditional bicycle accident law is well-established, while electric vehicle law is new and developing. E-bikes can reach speeds of 28 mph or more, and shared scooters (rental/fleet models that you unlock with a phone app and credit card) operate in legal gray zones between the sidewalk and the street. The three-class classification system for e-bikes governs where these vehicles are allowed and what rules apply—and getting that classification wrong can impact your claim.

These cases can involve multiple responsible parties:

• Distracted drivers
• Municipalities with poorly designed bike lanes
• Scooter-share companies with inadequate maintenance practices
• Manufacturers who sold a defective product

You need an attorney who understands all of these angles.

If you’re in a Class 3 e-bike accident in Colorado, it’s important to understand the state’s formal system under C.R.S. § 42-1-102:

• Class 1: Pedal-assist only, motor cuts off at 20 mph. Treated like a standard bicycle for most purposes, with broad trail access.
• Class 2: Throttle-assisted, motor cuts off at 20 mph. Generally treated like a bicycle, but some trails restrict throttle-assist bikes.
• Class 3: Pedal-assist, motor cuts off at 28 mph. Riders must be at least 16 years old and are required to wear a helmet.

In 2023, Colorado legalized electric scooters statewide under C.R.S. § 42-4-109.5.

Key provisions include: 

• E-scooters are limited to 20 mph and may be ridden in bike lanes
• Riders must be at least 16
• Helmet use is encouraged but not required for adults in most jurisdictions;

If you have a dockless scooter injury claim, it’s important to know that Denver’s program requires companies to carry liability insurance, which can be a direct source of recovery after an accident. Dockless scooters are picked up and dropped off by riders anywhere within a designated city zone.

E-bikes are generally allowed in Colorado State Parks that permit mountain biking, and on federal lands, they’re typically restricted to motorized trails unless local rules say otherwise. On paved bike/pedestrian paths, the electric-assist feature is generally prohibited statewide, with local exceptions in Boulder, Breckenridge, Superior, and Vail.

Colorado follows modified comparative negligence (C.R.S. § 13-21-111): if you are 50% at fault, you will recover $0.

The general statute of limitations for personal injury is three years. Claims against government entities are subject to special notice requirements and shorter internal deadlines.

Wyoming adopted a three-class e-bike system under Wyo. Stat. § 31-5-102. E-bikes under 750 watts are not classified as motor vehicles and require no registration, insurance, or license. Because there is no mandatory e-bike insurance in Wyoming, coverage gaps are common, and injured riders may need to pursue the at-fault driver’s insurance, their own UM/UIM coverage, or a products liability claim.

Wyoming’s statewide e-scooter law is less developed than Colorado’s. Communities, including Cheyenne and Jackson, address scooters through local ordinances. Because the statutory framework is thin, establishing liability after a Wyoming e-scooter accident typically requires a more intensive investigation of local rules, company operating agreements, and available insurance.

Wyoming uses modified comparative negligence under Wyo. Stat. § 1-1-109, but with a stricter threshold than Colorado: your fault must be less than 50%, not merely 50% or less. If a jury finds you exactly 50% at fault in Wyoming, you recover nothing. This makes the fight over liability allocation particularly high-stakes, and it is one of the most important reasons to have experienced legal representation from the outset.

Wyoming’s statute of limitations for personal injury is four years and claims against government entities require a written notice of claim within two years.

• Drivers failing to yield at intersections or crosswalks
• Dooring accidents: A parked driver opens a door into the rider’s path
• Left-cross collisions: A turning vehicle fails to see an oncoming rider
• Distracted driving: Texting, phone use, or general inattention
• Road hazards: Potholes, uneven pavement, drain grates, or missing signage
• Defective equipment: Brake failures, battery fires, structural design defects (product liability)
• Scooter-share company negligence: Renting out a fleet vehicle with known mechanical problems
• Inadequate bike lane design: Municipal planning failures that put riders in danger

Whether you’re in an e-bike accident on a bike path or hit by a car on an electric scooter, it’s important to follow these steps:

1. Call 911 and get a police report, even if the accident seems minor.
2. Photograph the scene, the vehicle that struck you, your bike or scooter, road conditions, and all visible injuries.
3. Collect witness information.
4. Do not give a recorded statement to any insurer before speaking with an attorney.
5. Preserve your e-bike or scooter; do not repair it, as it may be critical evidence.
6. Seek medical attention promptly, even if you feel okay.
7. Contact a lawyer as soon as possible; traffic camera footage and cell phone data can disappear within days.

Note: Insurers begin building their defense immediately after an accident. Their goal is to minimize your payout. Our goal is the opposite. At Shafner Injury Law, we work on a contingency fee basis—you pay nothing unless we recover compensation for you.

You may be able to recover medical expenses (past and future), lost wages and diminished earning capacity, pain and suffering, permanent disability or disfigurement, property damage to your e-bike or scooter, and wrongful death damages.

In cases involving particularly reckless conduct, such as a drunk driver or a company that knowingly ignored safety defects, punitive damages may also be available in Colorado and, under limited circumstances involving willful and wanton misconduct, in Wyoming.

No, but this also means no mandatory insurance protects you as a rider. Pursuing the at-fault party’s coverage or your own UM/UIM policy becomes essential after a serious accident.

Possibly. User agreement waivers are not always enforceable—especially in cases involving negligent maintenance or defective equipment. An attorney can evaluate your specific circumstances.

Your own auto policy’s uninsured motorist coverage may apply even though you were on a bike. We have experience pursuing hit-and-run claims and locating all available sources of recovery.

In most cases, yes, although insurers will attempt to use this to reduce your recovery. Only Class 3 e-bike riders are legally required to wear helmets in Colorado. We can counter comparative fault arguments designed to undervalue your claim.

Three years in Colorado, four years in Wyoming, for personal injury. Government entity claims may require action in as little as six months. Do not wait to find professional legal help to help you file a claim.

We have successfully obtained compensation for clients struck while riding electric bicycles and scooters, and we understand the unique challenges these cases present: from disputed liability and coverage gaps to municipal defendants and product liability claims. We’re here to handle the legal complexity so you can focus on your healing and recovery.

• Contact us today for a free consultation.

“There is nothing I can say that would really express how grateful I am. You guys helped me when nobody else wanted anything to do with my case. I will never forget what you guys have done for me. You truly are a fantastic group of people.”

-Michelle