May 19, 2026 | Paige Wharton

Across Colorado—and particularly in urban centers like Denver—electric bikes (e-bikes) and electric scooters (e-scooters) have rapidly transformed how people move through their communities. Their popularity continues to climb, driven by convenience, affordability, and the expansion of shared mobility programs.  

These new forms of transportation introduce unique risk factors that differ from traditional bicycles or pedestrian activity. E-bikes can reach speeds up to 28 mph depending on classification, while e-scooters often operate up to 15-25 mph. These higher speeds, combined with relatively low user experience and limited protective equipment use, contribute to a growing number of incidents.   

According to the U.S. Consumer Product Safety Commission (CPSC), micromobility device injuries have increased significantly in recent years, with tens of thousands of emergency department visits annually linked to e-bikes and e-scooters. And for public entities, these incidents often manifest as guest injuries on trails, collisions involving pedestrians or other cyclists, property damage, or employee injuries during enforcement, maintenance, or response activities. 

From a property, liability, and workers’ compensation standpoint, proactively managing these risks—while also understanding state and local laws surrounding electric bikes and scooters—is critical.  

Colorado State Law: What’s Allowed? 

Colorado law provides a foundational framework for how e-bikes and e-scooters are classified and used. Under Colorado Revised Statutes 42-1-102 and 42-4-4142.5: 

• E-bikes are divided into three classes: 
  1. Class 1: Pedal assist up to 20 mph 
  2. Class 2: Throttle-assisted up to 20 mph 
  3. Class 3: Pedal assist up to 28 mph 
• E-bikes are generally allowed wherever traditional bicycles are permitted, including roads and many multi-use paths, unless a local jurisdiction restricts them.  

• Local governments retain authority to regulate or prohibit e-bike use on sidewalks, bike paths, and trails under their control.  

E-scooters are typically regulated similarly to bicycles under Colorado law, though they are often governed more specifically at the municipal level. CDOT recommends checking municipal signs to determine local restrictions.  

Denver Regulations: A More Localized Approach 

The City and County of Denver has implemented more detailed rules, particularly due to its robust shared scooter and e-bike programs.  

Below are a few key provisions of riding an e-bike or e-scooter in Denver: 

• E-bikes generally follow the same laws and regulations as traditional bicycles. 

• E-bikes and e-scooters are not allowed on sidewalks at speeds over 6 mph, unless the sidewalk is part of a designated bike route. 

• Micromobility operators must yield right-of-way to pedestrians.  

• E-scooters may carry no more than one single rider at a time.  

Liability Exposure for Public Entities 

For special districts and municipalities, the most significant exposure stems from third-party bodily injury claims. 

Parks and trail systems that allow e-bikes and e-scooters may see increased speeds and mixed-use conflicts. Pedestrians—particularly children, older adults, and individuals with disabilities—are at heightened risk. Claims may allege anything from unsafe conditions due to inadequate signage or trail design to failure to regulate or enforce speed limits.  

E-bike and e-scooter parking is another concern. Improperly parked shared e-scooters can obstruct walkways, ADA access points, and building entrances. This creates trip and fall risks that may implicate public entities, particularly if enforcement or removal practices are inconsistent.  

Employees may also face increased risk from e-bike or e-scooter use, such as injuries while operating district-owned e-bikes or accidents in high-traffic areas.  

If your district has any ties to e-bikes or e-scooters, or if you might in the future, we strongly encourage consideration of these exposures in safety training and job hazard analyses.   

Risk Management Strategies 

Public entities can take proactive steps, may which are discussed in this article from the American College of Surgeons, to mitigate exposure while still supporting micromobility as a community benefit.  

1. Clarify and communicate local rules. Ensure ordinances clearly define where e-bikes and e-scooters are permitted. Post visible signage in parks, on trails, and in high-use areas. Consistency between policy and enforcement is key to reducing liability.  
2. Evaluate infrastructure design. Consider whether existing trails and pathways are appropriate for higher-speed devices. Strategies may include designating lanes or different user types, implementing speed slowing measures, or improving sightlines and intersection controls.  
3. Strengthen agreements with shared mobility providers. Where ride-share programs operate, contracts should address insurance requirements, parking compliance standards, and data sharing to identify high-risk areas.  
4. Implement targeted enforcement and education. Public education campaigns—paired with reasonable enforcement—can reduce risky behaviors such as sidewalk riding or excessive speed.  
5. Review insurance coverage claims and trends. Talk with one of our experts to assess claims data related to micromobility, confirm appropriate coverages, and identify emerging patterns that may require policy or operational changes. Reach out to us at csdpool.org/connect.  

Looking Ahead 

E-bikes and e-scooters don’t appear to be a passing trend, but rather a permanent and growing part of Colorado’s transportation system. For public entities, the goal is not to eliminate these devices, but to integrate them safely into existing infrastructure and operations.  

By understanding the regulatory environment, anticipating liability exposures, and implementing thoughtful risk management strategies, special districts can better protect both their communities and their balance sheets.