Chicago Injury Lawyer Blog
Electric bicycles, or “e-bikes,” are rapidly becoming a popular way to get around the City of Chicago. Teenagers, commuters, and recreational riders alike are embracing the convenience of electric assist. But as their popularity grows, the laws governing their use have not kept pace, which, unfortunately, has led to serious e-bike accidents.
Under Illinois law, e-bikes are not treated like motorcycles or mopeds. Instead, they are classified as bicycles equipped with an electric motor. The Illinois Vehicle Code breaks them into three categories. Class 1 bikes provide assistance only while pedaling and stop once the rider reaches 20 miles per hour. Class 2 models use a throttle and can run without pedaling, but also cut off at 20 miles per hour. Class 3 bikes assist only while pedaling, but allow the rider to reach speeds of up to 28 miles per hour. Riders of Class 3 e-bikes must be at least 16 years old and hold a valid driver’s license.
For most riders, the rules on where e-bikes may operate are surprisingly permissive. The Illinois Vehicle Code generally allows them anywhere standard bicycles are permitted, including streets, highways, and bike lanes. Local governments retain the authority to impose additional regulations, such as licensing or registration requirements, but they cannot impose outright bans in places where traditional bicycles are allowed. This has created a patchwork of regulations. While many communities simply follow state law, Hinsdale has already adopted licensing requirements for e-bike riders.
These legal nuances matter more than most riders realize, particularly after an accident. E-bikes can travel at speeds approaching those of mopeds. When an accident occurs, insurance companies often look closely at whether the rider was properly authorized to be on the road, whether the bike exceeded statutory speed limits, and whether the rider had the required license. According to Chicago personal injury attorney John J. Malm, this can be the difference between having a valid claim and being left without recourse. “If your e-bike exceeds the limits in the law or violates local path rules, you may undermine your ability to recover damages after a collision,” Malm explains. “Insurance companies look for any reason to deny a claim, and noncompliance with e-bike laws is one of the first places they will look.”
The laws also affect cases involving roadway defects, such as potholes. If a rider is not legally authorized to use an e-bike on a given roadway, a city or village may not be held responsible for injuries caused by unsafe conditions. As Malm notes, compliance is not just about safety, it is also about preserving legal rights. “Following local e-bike laws not only helps keep you safe, it also preserves your legal rights if you are injured,” Malm says. “Clear compliance strengthens your case in any injury or liability claim.”
Beyond individual cases, the way riders follow or ignore the law also shapes how e-bikes are treated in their communities. Municipalities are far more likely to invest in bike lanes, trails, and shared-use facilities when riders are seen as responsible and law-abiding. Misuse and accidents, by contrast, can prompt public outcry and pressure for restrictive bans. Responsible riding strengthens both safety and the long-term future of e-bikes in Illinois.
For residents who use or are considering purchasing an e-bike, the most important step is to stay informed. Riders should know their e-bike’s class and capabilities, understand the local ordinances in their community, and confirm whether licensing requirements apply. Municipal ordinances are typically available on city or village websites. As Malm advises: “Before you ride, check your e-bike’s class and your local rules. A few minutes of research can prevent a costly mistake if an accident occurs.”
E-bikes are here to stay, offering a fast, environmentally friendly way to get around. But with higher speeds and greater risks than traditional bicycles, riders must do more than just strap on a helmet. They need to understand the laws, comply with local regulations, and recognize that those choices may determine not only their safety but also their legal protection if the worst happens. If you or a loved one was injured in an e-bike accident, contact our experienced Chicago bicycle accident attorneys for a free consultation.