Your Legal Rights After an Electric Bike Crash in Louisiana
Electric bikes, electric scooters, and other micromobility devices have become part of everyday transportation, especially in New Orleans. Their convenience and affordability make them appealing; however, as their use increases, so do injuries involving these devices nationwide.
When someone is hurt on an e-bike or scooter, they often face medical bills, time away from work, and questions about who is responsible. In such situations, Morris Bart assists riders and pedestrians in understanding their rights under Louisiana law and the steps they can take to protect their claims.
Micromobility Safety Concerns in New Orleans
Issues with aging infrastructure and limited bicycle connectivity have been documented, with many residents noting roadway hazards, including uneven pavement, potholes, and other poor surface conditions, as well as gaps in protected bike facilities.
These factors increase the chance of a crash, and in tourist-heavy areas, traffic volumes and frequent lane changes can also contribute to collisions.
Louisiana Laws Governing E-Bikes and Electric Scooters
Louisiana regulates electric bicycles and electric scooters through several state statutes. Understanding these rules is important because they affect where riders may travel, what safety equipment is required, and how fault may be evaluated after a crash.
Electronic Bike Laws in Louisiana
Louisiana law classifies e-bikes under Louisiana Revised Statute 32:1(25) and places them into three classes based on their motor assistance and maximum speed.
E-Bike Classifications
- Class 1: Pedal-assist only, motor stops assisting at 20 mph
- Class 2: Throttle or pedal-assist, motor stops assisting at 20 mph
- Class 3: Pedal-assist only, motor stops assisting at 28 mph
All e-bikes must use a motor of 750 watts or less, which is the standard adopted by the Louisiana Legislature.
How E-Bikes Are Treated Under Louisiana Law
Louisiana explicitly states that e-bikes are regulated as bicycles in LA RS 32:204. Since it is not classified as a motor vehicle, riders must follow the same traffic rules that apply to bicycles, including rules on where bicycles may travel, right-of-way requirements, lighting obligations, and proper signaling.
Helmet and Age Requirements
There is no statewide helmet law for Class 1 and Class 2 e-bikes, although helmets are strongly recommended. Under RS 32:199(B), Louisiana has specific rules for Class 3 e-bikes:
- Riders and passengers on Class 3 e-bikes must wear a helmet
- Riders under age 12 may not operate a Class 3 e-bike
Lighting Requirements
E-bikes must follow the same lighting rules as bicycles when ridden at night. This includes:
- A white front light visible from at least 500 feet away
- A red rear light or reflector visible from 50 to 300 feet away
The requirements help establish visibility, which may be important when determining liability after a crash.
Driver’s License Requirement for E-Bikes
Louisiana does not require a driver’s license to operate an e-bike. This is because the statute classifies e-bikes as bicycles, rather than motor vehicles.
Electronic Scooter Laws in Louisiana
Unlike e-bikes, e-scooters are governed by RS 32:198. This law defines electric scooters and establishes several important requirements:
- Driver’s License Requirement: Riders must hold a valid driver’s license to operate an electric scooter in Louisiana.
- Sidewalk Restrictions: Electric scooters cannot be ridden on sidewalks. This is a safety measure to prevent collisions with pedestrians.
- Traffic Law Requirements: Scooter riders must follow the same traffic rules that apply to vehicles and bicycles, including:
- Obeying traffic signals
- Yielding appropriately
- Riding with the flow of traffic
Local New Orleans Ordinances
Local ordinances add further rules. In New Orleans, bikes and e-bikes are prohibited from sidewalks in business districts, and adults age 15 and older are generally banned from riding on sidewalks citywide.
Electric scooters operate under similar restrictions, and they cannot be used on sidewalks. These regulations can play a big role in determining fault after a crash.
Common Causes of E-Bike Accidents
Accidents often occur due to driver behavior. The Louisiana Highway Safety Commission highlights that failure to yield, distracted driving, and speeding are common contributing factors in bicycle-related crashes statewide.
Other factors include:
- Potholes and uneven pavement
- Limited bike-lane continuity
- Missing or obstructed signage
- Mechanical issues in rental devices, such as brake or throttle failures
Rider inexperience can also contribute, but Louisiana’s fault laws may still allow partial recovery depending on the circumstances.
Louisiana’s Fault Laws and the 2026 Change
Louisiana previously followed pure comparative fault under Louisiana Civil Code Article 2323, allowing injured riders to recover compensation even if they share some responsibility for the accident.
As of January 1, 2026, Louisiana transitioned to a modified comparative fault system, as outlined in House Bill 431. Under the new rule, a person found 51% or more at fault will not be able to recover damages.
Insurance companies will use this change to shift blame onto riders. Gathering evidence early and securing legal representation will become increasingly necessary.
Who May Be Liable After an E-Bike or Electric Scooter Crash?
Depending on the circumstances, liability may involve:
- A negligent driver
- A rental company that failed to maintain its equipment
- Cities and municipalities are responsible for hazardous road conditions like potholes or broken pavement
- A pedestrian or another rider who acted negligently
Determining responsibility requires an investigation into the roadway, the devices involved, and each party’s actions.
Insurance Challenges in Micromobility Cases
Insurance coverage can be confusing in these cases:
- Personal auto policies generally do not cover e-bikes or electric scooters
- Homeowners and renters’ policies may provide limited coverage, depending on the policy language
- Rental companies often carry commercial policies, but riders may sign liability waivers
- If a motor vehicle is involved, uninsured or underinsured motorist coverage may apply
- Health insurance will cover medical treatment, but not losses like pain and suffering or lost wages
Because coverage varies widely, many injured riders benefit from legal help to understand their options.
Common Injuries in E-Bike and Scooter Accidents
E-bike and scooter riders have almost no physical protection, leading to serious injuries such as:
- Traumatic brain injuries
- Fractures
- Road rash
- Spinal cord trauma
- Internal injuries
- Facial or dental damage
Even low-speed crashes can result in serious injuries, making prompt medical attention crucial.
Steps to Take After an E-Bike or Scooter Accident
Your actions after a crash can affect your claim. Here’s what to do:
- Prioritize Safety: Move to a safe area if possible. Check yourself and others for injuries.
- Call 911: Contact law enforcement. A police record documents the crash and establishes an official record.
- Seek Medical Care: Even if you feel fine, see a doctor as soon as possible. Many injuries don’t show symptoms right away.
- Document the Scene: Photograph the scene, roadway conditions, damage to the device, and visible injuries. Note any nearby businesses or intersections with cameras that may have captured the crash.
- Collect Witness Information: Get names and phone numbers from anyone who witnessed the accident.
- Preserve E-Bike or Scooter Records: If the device was rented, photograph the e-bike or scooter and note any visible mechanical problems. Take screenshots of the ride details in the rental app, including the time, location, speed data if available, and the device identification number.
- Avoid Giving Recorded Statements: Don’t give recorded statements to insurance companies or accept early settlement offers without consulting an attorney first.
- Contact an Attorney: Reach out to an experienced lawyer as soon as possible to protect evidence and handle communications with insurers.
Compensation That May Be Available
The compensation available after an e-bike or electric scooter accident depends on the facts of the case, the severity of the injuries, and how Louisiana law applies.
In general, injured riders may be able to seek compensation for:
Economic Losses
These are the direct financial costs tied to the accident, which may include:
- Medical treatment and related expenses
- Lost income from time away from work
- Reduced earning ability if injuries affect future employment
- Damage to personal property, such as the e-bike or scooter
Non-Economic Losses
These losses relate to the impact the injuries have on daily life, including:
- Pain and suffering
- Emotional distress
- Loss of normal activities or enjoyment of life
The value of a claim depends on many factors, including fault, available insurance coverage, and the long-term effects of the injuries. Louisiana law does not guarantee recovery in every case, and compensation may be reduced if the injured person is found partially at fault.
Louisiana’s Two-Year Deadline
Under Louisiana Civil Code Article 3493.1, you have two years from the date of the accident to file a lawsuit. Missing this deadline means losing your right to pursue compensation through the courts.
Don’t wait. Evidence disappears, witnesses’ memories fade, and rental companies may destroy defective devices. Early action protects your rights.
How Morris Bart Personal Injury Lawyers Can Help
Micromobility cases require a detailed understanding of Louisiana law, city regulations, and complex insurance policies. The team at Morris Bart has represented injured riders throughout Louisiana for more than 40 years, and our team of attorneys can assist by:
- Investigating the cause of the accident and identifying all responsible parties.
- Preserving evidence, including roadway conditions and device malfunctions, and collecting police reports, bike logs, and medical records.
- Interviewing witnesses and locating camera footage.
- Managing all communication with insurance companies.
- Working with your medical providers and accident reconstruction experts.
- Pursuing every available source of compensation under Louisiana law.
Contact Morris Bart Today
If you or a loved one has been injured in an e-bike or electric scooter accident in Louisiana, Morris Bart offers free consultations to explain your legal options. With the 2026 change in fault laws, acting early can help protect your rights.
With offices throughout Louisiana, including New Orleans, Metairie, Baton Rouge, Lafayette, and Shreveport, we’re ready to help you recover the compensation you deserve. Contact us today.
Questions?Call us, Louisiana.
800-537-8185
