Electric Bike Injury Law
As a general rule if the e-bike weighs less than 100 pounds and has a top motor-powered speed of 20 mph or less then it may be operated just like a regular bicycle, including right of way during use of bicycle lanes, sidewalks and pedestrian crosswalks. ORS 814.405 says, “an electric assisted bicycle shall be considered a bicycle, rather than a motor vehicle, for purposes of the Oregon Vehicle Code, except when otherwise specifically provided by statute.” This means that e-bikes have the legal right of way in bike lanes, on sidewalks and in pedestrian crosswalks just like regular bicycles. It also means, for example, that e-bikes must be ridden as far to the right as practicable when operating at less than the normal speed of traffic per ORS 814.430. Careful attention must be paid to the equipment, operation and facts of a collision to make sure the injured e-bike user obtains full protection and recovery of damages under the law.