blog home Bicycle Accident The Legal Implications of E-Bike Modifications in California

By Renee Nordstrand on August 10, 2025

A parked electric bicycle rests on a shaded sidewalk lined with trees on a sunny day. The image conveys the topic of e-bike use and modifications, connecting to discussions about California laws and legal responsibilities for altered electric bikes.

Electric bikes (e-bikes) are rapidly changing how Californians commute, explore, and exercise. But as e-bike popularity grows, so does the trend of aftermarket modifications, which are often aimed at increasing speed or bypassing safety features.

While customizing your ride might seem harmless, it can have serious consequences if you are involved in an accident. In fact, many riders do not realize that certain modifications can shift legal responsibility in a collision and even void potential injury claims.

At NordstrandBlack PC, we represent clients in complex personal injury cases involving altered e-bike injuries and high-speed bike crashes.

Understanding E-Bike Classes and Limits in California

California law divides e-bikes into three classes, each with specific rules regarding maximum speed and motor assistance:

  • Class 1: Pedal-assist only, max speed 20 mph
  • Class 2: Throttle-assisted (no pedaling required), max speed 20 mph
  • Class 3: Pedal-assist, max speed 28 mph, must have a speedometer

These classifications are essential for determining where e-bikes can be ridden (bike paths, roads, etc.) and who is allowed to operate them. For example, Class 3 bikes are not allowed on some bike trails and require riders to be at least 16 years old and wear a helmet.

Once a rider modifies an e-bike to go faster than the legal limit or removes manufacturer-installed safety features, they risk violating e-bike code violations under California law, which is where the legal issues begin.

Under California Vehicle Code Section 312.5, any motorized bicycle that no longer fits within the state’s defined e-bike classes due to aftermarket modifications may be treated as a motor vehicle or moped instead. This can significantly change the legal requirements, including:

More importantly, from a legal standpoint, a modified e-bike may not be protected under California’s e-bike regulations, meaning you could be found at fault in an accident even if you were not otherwise negligent.

This distinction is especially critical in cases involving e-bike tuning legal issues, where motor enhancements or software overrides push the bike beyond the Class 3 threshold of 28 mph.

How Modifications Affect Liability in Accidents

Let’s say you are injured in a crash caused by a reckless driver but your e-bike has been modified to exceed legal speed limits. The driver may still be partly at fault, but your noncompliance with e-bike modification laws in California could:

  • Allow insurers to deny claims based on code violations
  • Shift some or all liability to you under California’s comparative negligence laws

This scenario becomes even more complicated in high-speed bike crashes, where the modified e-bike’s excessive speed may be a key factor in determining fault or causation.

For example, if an accident occurs while traveling 35 mph on a bike classified to operate legally only at 20 mph, both law enforcement and insurance investigators will closely examine whether the modification played a role.

Real Risks of E-Bike Tuning and Alteration

Tuning, which is the process of hacking or adjusting a bike’s controller or sensor to override speed limits, is one of the most common e-bike modifications. Marketed online as a harmless performance boost, it is often done with plug-in devices or custom firmware.

In the eyes of California law, however, that “boost” may turn your legal e-bike into an unlicensed, unregistered, and unregulated motor vehicle. This has several implications:

  1. Loss of consumer protections – If your e-bike no longer falls under legal classifications, it may lose its protection under California’s “safe harbor” rules for cyclists, especially when sharing the road with cars.
  2. Reduced legal options for recovery – For example, an injured rider of an altered e-bike who was speeding when the accident occurred may find themself unable to sue for damages after a crash, or they may only be able to recover partial compensation due to their own contribution to the incident.
  3. Criminal or civil penalties – Riding an illegally modified e-bike can result in e-bike code violations, tickets, or even impoundment, depending on local enforcement.

What To Do Before Modifying Your E-Bike

If you are considering tuning or upgrading your e-bike, it is essential to understand the legal and safety consequences.

Know Your Bike’s Classification

Before installing upgrades, confirm whether the bike still fits within electric bike limits under California law.

Document All Factory Settings and Changes

If modifications are made, keep records of what was done, who did it, and whether it can be reversed.

Consult With a Legal Professional

If you have been injured on a modified e-bike or are facing liability claims, speak to a qualified attorney who understands e-bike modification laws in California.

Why Legal Guidance Matters

Accidents involving e-bikes are on the rise—and with them come more complex legal questions. If you have been injured in a crash involving a modified e-bike or if you are being blamed unfairly due to your bike’s features, the legal team at NordstrandBlack PC can help.

We understand the evolving landscape of personal injury and transportation law, including e-bike code violations and manufacturer standards. We will fight to ensure you are treated fairly, whether you are a victim seeking compensation or facing allegations of liability due to a modification.

Speak With One of Our Trusted E-Bike Accident Lawyers in Santa Barbara

If you have been involved in a high-speed bike crash or suffered injuries from an altered e-bike, don’t let the technical details derail your right to compensation. NordstrandBlack PC has the knowledge and experience to handle cases involving e-bike tuning legal issues, insurance disputes, and negligence claims in California.

Call us today at (805) 962-2022 to schedule your free consultation. Let our Santa Barbara bike accident attorneys help you understand your rights and pursue the justice you deserve.

Posted in: Bicycle Accident