E-bikes are now a common sight across the Upstate, from the Swamp Rabbit Trail to downtown Greenville, and their popularity keeps accelerating. The Wall Street Journal recently noted that more e-bikes are sold nationwide than electric cars.
But this rise brings new confusion about how accidents are classified and who is responsible when someone gets hurt.
E-bikes can reach speeds up to 28 mph, and collisions at those speeds can cause serious injuries, including fractures and head or spinal trauma. Determining fault depends on the circumstances, and classification plays a major role. Auto insurance usually excludes e-bikes, while homeowners’ or renters’ policies may only cover lower-powered models, leaving victims with uncertain protection.
In SC, an electric-assist bicycle must have pedals, a motor under 750 watts, and a top assisted speed below 20 mph to be treated like a traditional bicycle. If an e-bike exceeds those limits or has been modified, it may be treated as a motor vehicle for liability and insurance purposes.
Local rules add another layer. Portions of the SRT restrict higher-speed or throttle-only e-bikes to protect pedestrians and slower riders. When an e-bike violates these rules or state limits, the legal analysis changes, and liability risks increase for the rider or the business that supplied the bike.
These distinctions matter. They influence how fault is assigned and what coverage is available. A pedestrian injured by an e-bike rider can pursue a negligence claim, but classification, speed, and power level often shape the outcome.
If you’ve been injured in an e-bike accident, the key is understanding who had the duty to act safely and how that duty was breached. With laws and insurance policies still catching up to new technology, legal guidance can make a meaningful difference.
Alex Stalvey leads the personal injury practice group at Bannister, Wyatt & Stalvey. He can be reached at 864.298.0084 or online at www.bannisterandwyatt.com.