Most California jurisdictions classify e-bikes as bicycles rather than motor vehicles, but many e-bikes can travel at speeds of nearly 30 miles per hour, or as fast as low-speed traffic. High-performance e-scooters can reach even higher speeds. E-scooter and e-bike accidents in Los Angeles are not the same as standard bike and scooter accidents, which typically affect only the rider. Instead, e-bikes and e-scooters can cause serious harm to others in pedestrian accidents and motor vehicle crashes.
Whether an e-bike or e-scooter rider is a minor doesn’t change the consequences to an injury victim, but it may alter the way the injury victim files a compensation claim due to the doctrine of parental liability.
Who Is Responsible for Damages When a Child or Teen Causes an E-Bike or E-Scooter Accident?
The rising number of e-bike and e-scooter users has led to a similar increase in serious accidents and hospitalizations involving micromobility vehicles. While the median age of individuals involved in these accidents is 28, a significant number of injuries are caused by minors. Because minors do not possess the mature judgment of adults, they are not typically held legally liable for damages to others. Instead, the minor’s parents may be held liable for e-bike or e-scooter injuries caused to others by their child under the following circumstances:
- If the e-bike or e-scooter involved in the accident was not intended for use by a minor or those under the age of 16
- If the parent was aware of their child’s careless or reckless actions when using an e-bike or e-scooter
- If parents failed to take reasonable care to prevent their child from causing an accident, such as not requiring their child to take an online or in-person e-bike safety course
- When the accident occurred as a result of the minor’s willful misconduct
- If the parents allowed the minor to use an e-bike or e-scooter that was unsafe due to poor maintenance or a modification to increase speed
An important element in determining whether an injury victim can pursue compensation for injuries caused by a minor e-bike or e-scooter rider is determining whether the parents’ insurance covers e-bike and e-scooter accidents.
Does a Parent’s Insurance Cover a Minor’s E-Bike or E-Scooter Accident Damages In California?
Parents may be held liable for damages caused by their child in an e-bike or e-scooter accident in California, but the injury victim’s ability to recover compensation often depends on whether the accident is covered by the parents’ insurance. An experienced Los Ange e-bike/e-scooter accident lawyer examines the language of the insurance contract to determine whether the accident damages are covered under the policy. Often, this depends on whether the insurer considers the e-bike or e-scooter as a simple bicycle or scooter, or as a motorized vehicle. In addition, California law includes liability caps for parents of minor children who cause harm through willful misconduct, limiting compensation to $25,000 under California Civil Code § 1714.1.
Depending on the circumstances of the accident and the language of the parents’ insurance contract, an e-bike or e-scooter accident victim may be able to recover compensation for their injury-related damages and property damage from the parents’ insurance. If an insurer violates the terms of its contract, an e-bike injury victim in California could pursue a bad-faith insurance claim against the insurance company, potentially increasing the total amount of their financial recovery.
Additional Resources
Watch the video below to hear our founding attorney, Tigran Martinian, as he discuss California’s e-bike and e-scooter laws and the role of liability.
