Moped & Scooter Accidents

LET US FIGHT FOR YOU

Even when precautionary measures are taken, moped and scooter drivers are inevitably more likely to sustain catastrophic or even fatal injuries in a collision than drivers of closed automobiles. Mopeds and scooters lack the stability of traditional cars and are less visible to other drivers, increasing the likelihood of a crash.

If you or a loved one was injured in a moped or scooter accident, our team at Potts & Wallace can provide the dependable, committed representation you need to recover just compensation. Our moped and scooter accident lawyers will guide you through each step of the personal injury process and make every effort to protect your interests, no matter the complexity of your circumstances. We will leverage our comprehensive resources as we work to deliver the best possible result.

If you have suffered injuries due to the actions of a negligent driver, contact us to schedule a free initial consultation. Same-day appointments are available, and we offer our services in English and Spanish.

COMMON CAUSES OF MOPED & SCOOTER ACCIDENTS

A moped and scooter accident is an incident involving a moped and scooter, a two-wheeled motorized vehicle, that results in some form of collision, injury, or damage. Moped and scooter accidents can vary in severity from minor incidents with no injuries to catastrophic crashes resulting in serious injuries or fatalities.

Common causes of moped and scooter accidents involving other motor vehicles include:

Left-Turn Accidents: One of the most common types of accidents occurs when a car or truck makes a left turn in front of an oncoming moped or scooter. The driver may misjudge the moped or scooter’s speed or fail to notice it altogether, leading to a collision.
Rear-End Collisions: In situations where mopeds or scooters come to a stop, such as at traffic lights or stop signs, they are vulnerable to being rear-ended by larger vehicles, as drivers may not be attentive or maintain a safe following distance.
Lane Changes and Merges: When a driver fails to check their blind spot or signal properly when changing lanes or merging onto a highway, they can inadvertently collide with a moped or scooter in the adjacent lane.
Dooring Accidents: Mopeds and scooters sharing the road with parked cars are at risk of being “doored.” This happens when a parked vehicle’s occupant opens the door without checking for oncoming traffic, causing the moped or scooter to collide with the door.
Failure to Yield Right of Way: Drivers may fail to yield the right of way to moped or scooter at intersections, during turns, or while entering or exiting driveways. This can result in collisions.
Impaired Driving: Alcohol or drug impairment can significantly impair a driver’s judgment, reaction time, and ability to perceive mopeds or scooters, leading to accidents.
Distracted Driving: Drivers who engage in activities such as texting, talking on the phone, or other distractions are less likely to notice moped or scooter and react in a timely manner to potential hazards.
Speeding: Excessive speed increases the likelihood of accidents and the severity of injuries, as it reduces a driver’s ability to react to sudden changes in traffic conditions, such as a moped or scooter appearing unexpectedly.
Unsafe Road Conditions:Potholes, loose gravel, slippery road surfaces, and debris on the road can pose hazards to mopeds and scooters, making them more susceptible to accidents.
Failure to Respect Moped’s or scooter’s Vulnerability: Some drivers may not appreciate the unique vulnerabilities of mopeds or scooters, like the lack of a protective cage. This can lead to careless and risky behavior around mopeds or scooters.

Our insurance litigation lawyers can review your case and provide detailed information regarding the types of damages you may be entitled to receive. Get in touch with us today to schedule a complimentary consultation.

WHO IS LIABLE FOR CAUSING A MOPED OR SCOOTER ACCIDENT?

Liability for causing a moped or scooter accident, like any other traffic accident, depends on the specific circumstances and factors involved in the incident.

Various parties may be held liable, including:

Other Vehicle Drivers: Moped and scooter drivers are vulnerable on the road, and accidents are often caused by the negligence of other vehicle drivers. If a car, truck, or other vehicle driver was at fault for actions like not yielding the right of way, changing lanes without checking for mopeds or scooters, or driving under the influence, they may be held liable.
Road Conditions: Poor road conditions, such as potholes, debris, or inadequate signage, can contribute to mopeds or scooter accidents. If a government agency responsible for road maintenance failed to address these issues and it led to the accident, they may be held liable.
Manufacturers: Defective moped and scooter components, like brakes, tires, or steering systems, can lead to accidents. If the moped, scooter, or its parts were defective, the manufacturer may be held responsible.
Mechanics and Repair Shops: If a moped or scooter was improperly serviced or repaired, leading to a mechanical failure that contributed to the accident, the mechanic or repair shop may be liable.
Unsafe Property Owners: In cases where the accident occurs on private property, such as a parking lot or driveway, the property owner may be held liable if hazardous conditions on the property played a role in the accident.
Moped or Scooter Rider: The moped or scooter rider can be liable for causing an accident if they were negligent in their actions. Common factors leading to rider liability can include speeding, reckless driving, running red lights, illegal lane changes, and impaired or distracted driving.

Determining liability in a moped or scooter accident typically involves gathering evidence, eyewitness statements, police reports, and sometimes expert testimony. The legal process may also consider whether the accident occurred in a no-fault or at-fault insurance jurisdiction, as this can affect liability and the claims process.

HOW STATE MOPED AND SCOOTER LAWS CAN AFFECT PERSONAL INJURY CASES

Our moped and scooter accident attorneys are prepared to take on cases throughout the country. We are familiar with how each state’s moped and scooter laws impact liability in personal injury litigation, allowing us to provide reliable and strategic representation wherever you are.

Several states require moped and scooter drivers (and their passengers) to wear helmets whenever they operate their vehicles. Some states allow lane splitting, while others explicitly forbid it. Laws governing moped and scooter passengers and other scenarios may also apply.

Your ability to recover compensation may be impacted if you were breaking a state moped and scooter law at the time your accident occurred. Many states use comparative negligence rules, meaning you may still be able to recover some compensation even if you were partially “at fault” for an accident. Other states do not allow injury victims to recover any damages if they were at all to blame, even if the defendant was 90% responsible.

In comparative negligence cases, the court will assess each party’s role in the accident and assign percentages of fault. Any award will be reduced by your percentage of fault. So, if you were lane splitting when a collision occurred in a state where the practice is illegal, the court may decide you are 40% responsible for your injuries. A $100,000 award would be reduced by $40,000, so you would only get $60,000.

WHAT DAMAGES CAN I RECOVER IN A MOPED OR SCOOTER ACCIDENT LAWSUIT?

To recover damages after a moped or scooter accident, you must file a personal injury lawsuit against the negligent driver before your state’s statute of limitations expires. You only get a certain amount of time after the date of the accident, and each state’s deadline varies. You will be unable to get any compensation if you wait too long, so consult a legal professional as soon as possible.

Our moped and scooter accident lawyers can help you get compensation for all monetary and non-monetary losses, including:

Past, current, and future medical expenses
Reduced earning potential
Pain and suffering
Loss of enjoyment of life
Lost income
Property damage
Disfigurement
Loss of consortium

Securing a swift, favorable outcome in your case is our top priority at Potts & Wallace. For our team, it is all about our clients, power, and results: Our exemplary track record speaks for itself, and we have earned the respect and gratitude of the communities we serve. We will handle the intricacies of the legal process and serve as your trusted advocate from start to finish.

WHAT IF I WAS PARTIALLY AT-FAULT?

You may be able to get some compensation even if you were partially responsible for the accident. The rules surrounding partial compensation will depend on your state, but many operate on a “comparative negligence” system, meaning any finding of partial fault will only commensurately reduce your final award. In some states, however, you cannot recover anything if you are found to be at all to blame. We can walk you through the applicable laws and how they impact your case.

Contact Us for a Free Consultation

Email

info@pottsandwallace.com

Key West, Florida – HQ

300 Southard St., #206, Key West, FL 33040

786-230-8202

Houston, Texas

3737 Buffalo Speedway St., #1917, Houston, TX 77098

832-377-3047