JAMES CITY COUNTY – As e-bikes and scooters become more common, so are accidents on the road. Safety advocates and a local attorney are urging riders to better understand the risks and legal responsibilities that come with operating these devices.
Law enforcement officials and legal experts say that many users may not fully understand the rules and safety risks involved. In November 2025, an e-bike rider was killed in a crash involving an SUV in James City County. Earlier this month, an e-scooter rider suffered serious injuries in a collision with a pickup truck.
Local law enforcement agencies are also trying to clear up confusion surrounding what types of electric bikes are legal on roads and trails.
“We are seeing a noticeable increase in the number of people riding electric bikes in our community,” said Captain Steve Humphries of the JCC Police Department in an emailed statement.
Earlier this year, JCC Police Department issued a public safety alert stating that “non-pedal assisted electric bikes” are illegal on public roads, sidewalks and trails in Virginia, since they are considered a moped and a motor vehicle that often exceed 35 miles per hour.
Under Virginia Law, legal e-bikes must include pedals and a motor of 750 watts or less to fall under class 3 of the electric powered-assisted bicycle. Those bikes can generally be used on roads and do not require registration, insurance or a driver’s license.
“One of the hard parts is a lot of these people are buying these e-bikes online that are not legal here in the state of Virginia. They are going in excess of 28 miles an hour and they’re not wearing the proper gear like a helmet or elbow pads,” said Thomas Jarman, manager of the E-Bike Alley store in Williamsburg.
Griffin O’Hanlon, an attorney with Cooper Hurley Injury Lawyers in Newport News, said the firm launched a public awareness campaign because of the growing popularity of the bikes, especially among younger riders and tourists. He said the firm has seen an increase in accidents involving e-bikes and scooters as their presence has grown.
O’Hanlon said many riders mistakenly treat e-bikes and scooters like traditional bicycles instead of like motorized vehicles. He added that riders must obey traffic signals and stop signs, especially at intersections where serious crashes are more likely to occur.
“When e-bikes and e-scooter users are approaching intersections, they should be stopping at those intersections before crossing through,” O’Hanlon said. “It shouldn’t just be flowing through where you quickly looked left and right and maybe didn’t see anything.”
He added that what might be “a little fender bender” between two vehicles can become “a real serious incident” when a rider on an e-bike or scooter is involved.
Virginia law can also play a role in crash cases involving riders. Virginia is one of a few that follows a “pure contributory negligence” rule, meaning someone injured in a crash may be unable to recover damages if they are found even slightly at fault.
“What Virginia does is if an e-bike or e-scooter user shares any blame whatsoever, just 1% of fault in causing the incident that led to their injuries, they’re completely barred from recovery,” O’Hanlon said. “They can’t get anything.”
While Virginia doesn’t require helmets for most e-bike and scooter riders, Jarman said the lack of a legal mandate should not discourage people from taking precautions. The store also sells helmets and other safety gear aimed at encouraging riders to take additional safety measures while using e-bikes.
Virginia cities are adjusting local regulations as e-bike and scooter use evolves. O’Hanlon noted that Virginia Beach recently authorized the vehicles on the bicycle path adjacent to the boardwalk.
As summer approaches use increases, local officials encourage riders and drivers to remain cautious.
“Riders need to remain vigilant, stay aware of their surroundings, and avoid distractions. We also recommend that everyone operating a bicycle use proper safety equipment, including helmets, and wear high‑visibility clothing to ensure they are seen by other road users,” said Humphries.
