Electric bicycles and electric scooters have become an increasingly visible part of transportation in Massachusetts. They offer a convenient alternative to driving, particularly in Boston and other densely populated communities, but their growing use also creates new safety concerns for riders, pedestrians, bicyclists, and motorists.
When an e-bike or e-scooter collision occurs, determining responsibility can be complicated. The legal issues may depend on where the device was being operated, its speed and classification, the actions of a motorist or rider, and even whether the device itself malfunctioned. Massachusetts is now considering significant changes to how these vehicles are regulated through the proposed Ride Safe Act.
Current Massachusetts E-Bike and E-Scooter Laws
Massachusetts law currently treats electric bicycles and motorized scooters differently.
Under Massachusetts General Laws Chapter 85, Section 11B¾, electric bicycles generally have the same rights and responsibilities as traditional bicycles, subject to specific restrictions. Massachusetts currently recognizes Class 1 and Class 2 electric bicycles, which provide motor assistance up to 20 mph. Electric bicycles cannot be operated on sidewalks, and municipalities and state agencies may regulate their use on bike paths and certain trails.
Motorized scooters are governed separately by Chapter 90, Section 1E. Current law generally requires an operator on a public way to have a valid driver’s license or learner’s permit, limits operation to 20 mph, requires protective headgear, and prohibits operation after sunset or before sunrise.
These distinctions can become important after an accident because the characteristics of the particular device may affect which rules apply.
What Is the Massachusetts Ride Safe Act?
In May 2026, Governor Maura Healey filed the proposed Ride Safe Act, formally titled An Act to Enhance the Safe Use of Micromobility Devices. The proposal followed recommendations from a statewide Special Commission on Micromobility.
Rather than regulating vehicles primarily by what they are called, the proposal would establish a framework based largely on how fast a device is capable of traveling. Proposed provisions address issues such as minimum operator ages, helmets, lights and reflectors, braking equipment, where higher-speed devices may operate, modifications that increase speed, crash reporting, and potential registration and insurance requirements for certain devices.
The proposal is particularly relevant because today’s electric devices vary considerably. A pedal-assisted bicycle limited to 20 mph presents different operating characteristics from an electric device capable of substantially higher speeds.
As of August 2026, the original Ride Safe Act has not itself become law. Related micromobility provisions have advanced as part of broader economic-development legislation passed in different forms by the Massachusetts House and Senate. Accordingly, riders and injured individuals should distinguish between existing Massachusetts requirements and proposals that may become law.
Who May Be Responsible for an E-Bike or E-Scooter Injury?
Liability depends on the circumstances of each accident. Depending on how and why the incident occurred, potentially responsible parties may include:
- Motor vehicle drivers who fail to yield, drive distracted, open a vehicle door into a rider’s path, or otherwise operate negligently;
- E-bike or e-scooter riders whose unsafe operation causes injuries to pedestrians, bicyclists, or other road users;
- Manufacturers or distributors when a defective battery, brake, throttle, tire, or other component contributes to an accident or injury; or
- Property owners, contractors, or public entities when dangerous pavement, unsafe construction areas, or other roadway hazards contribute to a crash.
Determining responsibility may require examining the actions of everyone involved as well as the condition of the device and the location where the accident occurred. Claims involving municipalities or other public entities are also subject to special legal requirements and deadlines.
Common Challenges in E-Bike and E-Scooter Injury Claims
Disputes over fault are common. A driver may claim that a rider entered traffic unexpectedly, while a rider may contend that the driver failed to yield or safely share the road. Insurers may also dispute whether an injury was caused by the accident, particularly when an injured person has a pre-existing medical condition.
Insurance coverage can present another complication. Coverage may depend on who was involved, the type of device, whether it was privately owned or rented, and the applicable automobile, homeowner’s, renter’s, commercial, or other insurance policies.
These questions often require careful investigation before the full sources of potential compensation can be identified.
How an Attorney Can Help
An experienced personal injury attorney will investigate the accident, preserve important evidence, identify potentially responsible parties and available insurance coverage, and consult qualified experts when necessary. An attorney will also evaluate the extent of the injuries and pursue appropriate compensation based on the circumstances of the accident.
If you or someone you love has been injured in an e-bike or e-scooter accident and you would like to speak with one of SUGARMAN’s attorneys, call 617-542-1000, email or fill out our contact form.