E-Bike Accident Lawyers

Georgia uses a three-class system under O.C.G.A. §§ 40-6-300 through 40-6-303 (effective July 1, 2019). Class I is pedal-assist to 20 mph, Class II adds a throttle (20 mph), and Class III is pedal-assist to 28 mph. All are capped at 750 watts. E-bikes are treated as bicycles — no license, registration, or insurance required. Helmets are required for all ages on Class III e-bikes, and riders must be at least 15 for Class III (§ 40-6-303(b)–(c)).

South Carolina defines e-bikes under S.C. Code § 56-1-10(29) (H.3174, effective February 3, 2020) with a single definition — no class system. An e-bike must have a motor of 750 watts or less and cannot exceed 20 mph on motor power alone. E-bikes meeting this definition are treated as bicycles. A bike with a motor over 750 watts, up to 1,500 watts, is a moped instead (S.C. Code § 56-1-10(26)), which must be registered with the SCDMV but not titled or insured (S.C. Code § 56-2-3010); a 750-watt bike whose motor alone exceeds 20 mph is outside the e-bike definition without being a moped. There is no statewide helmet requirement (S.C. Code § 56-5-3520 applies the bicycle rules, which set none).

Yes. Both Georgia (O.C.G.A. § 51-1-11) and South Carolina (S.C. Code § 15-73-10) impose strict product liability on manufacturers, distributors, and retailers of defective products. The CPSC has issued multiple e-bike battery recalls in 2024-2025 affecting brands like Rad Power Bikes, FENGQS, and VIVI. You may have claims against the e-bike manufacturer, the battery cell manufacturer, and the retailer.

No. In both Georgia and South Carolina, e-bikes that meet the statutory definitions are classified as bicycles, not motor vehicles. No driver's license, registration, or insurance is required. If your e-bike exceeds the statutory definition, it is no longer treated as a bicycle. In Georgia a motor of more than 750 watts takes it out of the e-bike definition (O.C.G.A. § 40-1-1(15.3)); it is a moped if the motor is 2 brake horsepower or less, the unassisted top speed is 30 mph or less and the drive is automatic (O.C.G.A. § 40-1-1(28)), and a motorcycle above that — and a moped is a motor vehicle in Georgia (O.C.G.A. § 40-1-1(33)), so licence and helmet rules apply. In South Carolina a motor over 750 watts and up to 1,500 watts makes it a moped (S.C. Code § 56-1-10(26)); above 1,500 watts it is outside the moped definition too.

In Georgia, helmets are required for all ages on Class III e-bikes (28 mph pedal-assist) under O.C.G.A. § 40-6-303(c), and for riders under 16 on Class I and II e-bikes (O.C.G.A. § 40-6-296(d), via § 40-6-301). South Carolina has no statewide helmet law for e-bike riders (S.C. Code § 56-5-3520). Not wearing a helmet does not bar your claim in either state, but it may be raised as comparative fault for head injuries.

Georgia has a 2-year statute of limitations (O.C.G.A. § 9-3-33) and South Carolina allows 3 years (S.C. Code § 15-3-530). Product liability claims involving defective batteries or components may have additional considerations. Contact an attorney promptly to preserve evidence — surveillance footage and electronic data can be lost quickly.

In Georgia, DUI laws apply broadly to "vehicles," and an e-bike may qualify — meaning you could potentially face DUI charges while riding an e-bike on public roads. In South Carolina, the law is less clear: e-bikes are defined as bicycles, but the motor creates a legal gray area. Regardless, riding under the influence increases your comparative fault in a civil injury claim.

E-bike accident victims may recover medical expenses (including future treatment), lost wages, pain and suffering, burn treatment and scarring from battery incidents, permanent disability, loss of enjoyment of life, and wrongful death damages for surviving families. Punitive damages may apply in cases involving drunk drivers, defective products, or egregious negligence.