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Accident Type Guide

Florida E-Bike Accident Types

Each pattern engages a different duty. Knowing which one yours was tells you what proves it.

David I. Shiner, Esq., Founder of Shiner Law Group
Legally reviewed by David I. Shiner, Esq. — Founder, Shiner Law Group · Florida Bar member since 2002 · Last reviewed: September 1, 2026 About the reviewer →

Why the Pattern Matters

“A car hit me” is not one claim. Florida’s traffic code imposes different duties on different movements, and an e-bike crash is proved by identifying which movement the driver was making and which subsection governs it.

A right hook turns on a fixed, measurable condition — whether the bicycle was at least 20 feet from the intersection. A left cross turns on a yield duty written in one sentence. A dooring turns on whether opening the door was “reasonably safe.” Those are three different arguments, supported by three different sets of photographs, and the photographs stop being available within days.

Everything below is cited to the subsection it comes from. You will not find a crash statistic anywhere in this section, because none could be sourced to a named dataset and year — and an uncited number on a law firm’s website is worth less than no number at all.

3 feetMinimum passing clearance, electric bicycles named expressly (Fla. Stat. § 316.083(2), (3))
20 feetDistance from the intersection before a driver may turn right past a bicycle (Fla. Stat. § 316.151(1)(a)2.)
50%Fault above which recovery is barred (Fla. Stat. § 768.81(6))

The Guides in This Section

Every accident type in this silo is now written. Each guide identifies the movement the driver was making, the subsection that governs it, and the evidence that establishes it.

The Duties a Driver Owes an E-Bike Rider

Start from the bridge provision. Fla. Stat. § 316.20655(1) gives an electric bicycle and its operator “all the rights and privileges, and … all of the duties, of a bicycle or the operator of a bicycle, including s. 316.2065,” and provides that an electric bicycle “is a vehicle to the same extent as a bicycle.” Fla. Stat. § 316.2065(1) then gives a rider “all of the rights and all of the duties applicable to the driver of any other vehicle.”

Movement and SubsectionWhat the Statute Requires
Passing — § 316.083(2), (3)A driver overtaking “the bicycle or other nonmotorized vehicle or electric bicycle” must pass “at a safe distance of not less than 3 feet.” One of the few provisions naming e-bikes in its own text.
Turning right — § 316.151(1)(a)2.A driver overtaking a bicycle may turn right “only if the bicycle is at least 20 feet from the intersection, and is of such a distance that the driver of a vehicle may safely turn,” after signaling.
Turning left — § 316.122A driver turning left within an intersection or into an alley, private road, or driveway must yield to any vehicle approaching from the opposite direction.
Opening a door — § 316.2005No person may open a vehicle door “unless and until it is reasonably safe to do so.”
General due care — § 316.130(15)Every driver must “exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle.”
Leaving the scene — § 316.027A driver in a crash causing injury must stop and remain. Injury is a third-degree felony under (2)(a); serious bodily injury a second-degree felony under (2)(b); death a first-degree felony under (2)(c) carrying a 4-year mandatory minimum.
David I. Shiner, Esq.
Legally Reviewed By

David I. Shiner, Esq.

Founder, Shiner Law Group · AV Preeminent® rated · Florida Bar member since 2002

David I. Shiner founded Shiner Law Group and has been a member of The Florida Bar since 2002. He is a graduate of Nova Southeastern University’s law school and holds an AV Preeminent® rating from Martindale-Hubbell. The firm represents injured people across Florida from offices in Boca Raton, West Palm Beach, Fort Lauderdale, Fort Pierce, Orlando, Wellington, and Belle Glade, and handles these cases on a contingency basis with free consultations and no attorney’s fee unless there is a recovery.

Content on this page legally reviewed by David I. Shiner, Esq. · Fla. Bar No. 572721 About this site →

What the Same Statutes Ask of You

The bridge runs both ways: § 316.20655(1) imports the duties along with the rights. The ones that come up after a crash are these.

  • Lane position — § 316.2065(5)(a). Ride in the bicycle lane or, where there is none, as close as practicable to the right-hand curb. Practicable, not possible — debris, a door zone, and a right-turn-only lane all bear on it.
  • Lighting — § 316.2065(7). Between sunset and sunrise, a white front lamp visible at 500 feet and a rear lamp and reflector each visible at 600 feet. The rear requires both.
  • Sidewalks and crosswalks — § 316.2065(9). On a sidewalk or in a crosswalk a rider “has all the rights and duties applicable to a pedestrian.”
  • Classification — § 316.20655(3), (4). The label must show class, top assisted speed, and wattage, and modifying the motor's speed capability without replacing the label is prohibited.

One thing is expressly not asked of you. Fla. Stat. § 316.2065(18) provides that failure to wear a bicycle helmet “may not be considered evidence of negligence or contributory negligence.” Compare § 316.614(10), under which a seat belt violation may be considered as comparative negligence evidence — and which excludes electric bicycles at § 316.614(3)(a) anyway. See the helmet law guide.

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What Proves Any of Them

Across every pattern the same short list decides the case, and most of it is gone within a week.

  • The bicycle, unrepaired. Damage corroborates the mechanism, and if a component failed it is the whole of a product claim.
  • The classification label required by § 316.20655(3) — photograph it before the machine goes anywhere.
  • Vehicle rest position and the debris field, which is what makes the 3-foot and 20-foot questions answerable rather than arguable.
  • Lane markings, photographed before they are repainted or reconfigured.
  • Video from doorbells, dashcams, transit and business cameras — routinely overwritten within days.
  • The crash report number. Confidential for 60 days under § 316.066(2)(a), but available to you as a party under § 316.066(2)(b). Note § 316.066(4) keeps the report itself out of evidence at trial.

What to do after a crash sets this out step by step, and who is liable covers the parties beyond the driver — owners, employers, manufacturers, retailers, and road authorities.

Frequently Asked Questions

How much room must a driver give me when passing?
At least 3 feet. Fla. Stat. § 316.083(2) and (3) require a driver overtaking a bicycle, other nonmotorized vehicle, or electric bicycle to pass “at a safe distance of not less than 3 feet.” The statute names electric bicycles expressly, so this duty does not depend on the s. 316.20655(1) bridge. Three feet is a floor, not a safe harbour — the same subsections require a safe distance, and what is safe depends on speed and conditions.
How long do I have to file an e-bike accident claim in Florida?
Two years for a negligence cause of action accruing on or after March 24, 2023, under Fla. Stat. § 95.11(5)(a), and two years for wrongful death under § 95.11(5)(e). A claim against a government body runs on a different track: Fla. Stat. § 768.28(6)(a) requires the claim to be presented in writing within 3 years, and § 768.28(14) sets a 4-year period to file suit. Deadlines turn on when the cause of action accrued, so confirm yours with a lawyer rather than counting from the crash date.
Does it matter which type of crash mine was?
It decides which duty was breached, and therefore what evidence proves the case. A right hook turns on the 20-foot condition in Fla. Stat. § 316.151(1)(a)2.; a left cross turns on the yield duty in § 316.122; a dooring turns on § 316.2005. They are different arguments supported by different photographs, which is why identifying the pattern early matters.
Can I still recover if I was partly at fault?
Yes, up to a point. Fla. Stat. § 768.81(2) reduces the award in proportion to your share, and § 768.81(6) bars recovery entirely above 50 percent fault. Note that Fla. Stat. § 316.2065(18) excludes failure to wear a helmet from being considered evidence of negligence or contributory negligence.
What does it cost to hire an e-bike accident lawyer in Florida?
Shiner Law Group, which operates this website, handles these cases on a contingency basis: the consultation is free, and there is no attorney's fee unless there is a recovery, with the terms set out in a written fee agreement.
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