It can be difficult to determine which rules apply when you ride a bicycle vs a motorcycle, or an e-bicycle. However, it is critical to have an understanding of which laws govern your ride, both to avoid citations or liability in an accident and to remain predictable to other drivers on the road. The St. Petersburg bicycle accident lawyers at Salter, Healey, Rivera, & Hepter are here to help you understand your rights and responsibilities as an e-bike rider.
How Does Florida Define E-bikes?
The state of Florida defines e-bikes the same as the Code of Federal Regulations, which are as follows. A bicycle is a two-wheeled vehicle that has a rear drive wheel and is solely human-powered. For an e-bike, this means that the electric motor will cease functioning when the rider stops pedaling.
This statute places parameters for the motors on e-bikes, identifying them as a two- or three-wheeled vehicle. This vehicle should have fully operable pedals and an electric motor of less than 750 watts or 1hp. The maximum speed on a paved level surface, when powered solely by such a motor with a rider weighing 170 pounds, should be less than 20mph.
Do Florida E-bikes Have Restrictions on Where They Can Go?
According to Florida Statute 216.30655, e-bikes are given the same privileges and responsibilities as non-electric bicycles. This means e-cyclists must ride in the bike lane, or as close to the right curb as possible, unless one of the following conditions apply:
When you are overtaking and passing another bicycle or vehicle traveling in the same direction
When preparing for a left turn at an intersection, a private road, or a driveway
When reasonably necessary to avoid any condition or potential conflict. This can include parked or moving vehicle, a bicycle, a pedestrian, an animal, a surface hazard, a turn lane, or a lane too narrow to continue along the curb
While the state laws are a good guide, you may want to contact your local municipalities to determine whether you may be subject to additional regulations.
Florida E-bike Helmet Laws
According to Florida Statute 316.2065 (d), helmets are only required for bicycle and e-bike riders under 16 years old. While it may be legal to ride without one, it is widely recognized as best practice to wear a helmet to prevent or diminish the effects of a brain injury.
Comparative Negligence in Florida
A full understanding of e-bike laws can protect you legally and financially if you find yourself injured in an accident. Florida operates with a modified comparative negligence model when it comes to determining fault in an accident.
This means that, if you contributed to your accident or injuries by not following e-bike laws or failing to take the appropriate safety precautions, you may assume a degree of responsibility for your injuries, and your compensation is reduced by that same percentage.
For example, if you are found to be 10% at fault for the accident with $10,000 worth of damages, your awarded amount is reduced by your percentage of responsibility, and you will recover $9000. However, an experienced personal injury attorney in St. Petersburg can often help mitigate these risks and protect your settlement.
