Scooter, Moped, Vespa Accidents
Scooters, mopeds, and Vespas are all smaller vehicles that can serve as alternative forms of transportation. They are often easy to ride and environmentally friendly. Many people use them in congested areas to get around traffic.
However, as these vehicles become more commonplace throughout Central California, so, too, do accidents involving these them. If you or a loved one is injured in a scooter or other type of accident, call the Allen Law Firm for a free consultation. You may be entitled to financial compensation for your losses.
Differences Between Scooters, Mopeds, and Vespas
California has different definitions for scooters, mopeds, and Vespas. There are also different regulations regarding licensing and where the vehicle can be operated. Knowing the specific type of vehicle you or another person was on can help identify your legal rights.
Scooters
California defines a scooter as a motorized vehicle with two wheels, a motor, handlebars, and a floorboard on which the user can stand while riding it. Scooters do not have to be registered, and you can drive a scooter with any class of driver’s license.
Motorized scooters are only permitted in the following locations:
- Bike paths
- Trails
- Bikeways
You cannot exceed 15 mph, and you cannot ride the device on a sidewalk.
Mopeds
Mopeds are motorized bicycles equipped with two or three wheels, an electric motor with an automatic transmission that produces less than four gross brake horsepower, and pedals that the user can ride when the motor is off (in some models). To drive a moped, you need a motorcycle license (M1 or M2). You must be 16 or older to drive a moped, and you must wear a helmet while riding.
You will need special license plates and an identification card. You will need to register the moped. However, you don’t need insurance to register it. Mopeds do not require the same type of re-registration as other types of motor vehicles.
Vespas
Vespas are considered motorcycles in California, which means that motorcycle laws apply, including:
- You must have a class M motorcycle license.
- You must register the vehicle with the Department of Motor Vehicles.
- You must have a valid license plate.
- You must have insurance.
- You must wear a DOT-approved helmet while riding.
- You must operate in traffic lanes like a motorcycle.
- You cannot operate the vehicle on sidewalks or shoulders.
Common Causes of Scooter Accidents
Scooter accidents can occur for various reasons. Whether you are the scooter rider or someone else was, these accidents can happen due to:
- Underage riders: Scooter manufacturers often use targeted advertising to appeal to younger riders. Vespa has an imposed age requirement of 18, while California law requires any traditional motorized scooter to be operated by someone at least 16 years old. However, some riders may be underage or rent a scooter despite being under the recommended age.
- Rider inexperience: Even if the rider is of legal age to operate the vehicle, they may not know how to properly operate it. They may drive in heavy traffic and lose control of the vehicle, injuring themselves and others.
- Multiple riders: It can be unsafe to travel with two or more people on a vehicle only designed for one.
- Incorrect usage: Scooters must generally be operated like other motor vehicles. Riders must obey local traffic rules regarding their use. If they ride these vehicles on sidewalks, bicycle lanes, or other walking areas, they could be breaking local laws and increasing the chance of getting in a serious accident.
- Speeding: Some riders may exceed the maximum speed or a safe speed, given the current weather or road conditions.
- Distractions: Riders may be distracted by cell phones, passengers, other motorists, or other sources, leading them to make a critical riding error.
- Poor maintenance: Several companies now rent or lease Vespas and other electric scooters. These entities may not maintain the vehicles, leading to mechanical failures that cause accidents.
Other motorists may drive negligently around these slower-moving vehicles, causing accidents due to impatience and aggressive driving.
Common Types of Scooter Accident Injuries
Because scooters have minimal protection for riders, those on them are at risk of serious or fatal injuries if a larger vehicle collides with them. Some common scooter injuries include the following:
- Traumatic brain injuries
- Facial and dental injuries
- Broken arms and legs
- Spinal cord injuries
- Neck injuries
- Back injuries
- Soft tissue injuries
- Internal organ damage
- Road rash
Who Is Responsible for Scooter Accidents?
Various parties could bear liability for a scooter or Vespa accident. Depending on the circumstances and whether the scooter is privately owned or app-based, these parties could include the following:
- The scooter owner
- The scooter operator
- Other motorists
- A scooter rental company
- Third-party providers
- Maintenance providers
An experienced scooter accident lawyer from the Allen Law Firm can evaluate your case and explain who is legally responsible for your injuries.
How Much Is My Scooter Accident Case Worth?
The value of your case will depend on various factors, such as:
- Who is responsible for your accident and their insurance coverage
- The type of injuries you sustained
- The severity of your injuries
- The value of your economic damages
- The extent of your pain and suffering
- How the accident affects your daily life
- Whether you contributed to the accident
An experienced attorney can investigate your case and explain the potential value of your personal injury claim.
What Damages Can I Recover from a Scooter Accident Claim?
California’s personal injury laws allow accident victims to pursue compensation for the damages they sustained due to someone else’s negligence. Through a personal injury claim, you can seek compensation for your special and general damages. Special or economic damages compensate for tangible losses that can be quantified, while general damages refer to pain and suffering and other losses that accident victims generally sustain.
Your personal injury claim may seek compensation for:
- The payment of your medical bills
- Surgery costs and hospital stays
- Assistive medical devices
- Prescription medication
- Rehabilitation and therapy
- Lost wages
- Reduced earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Permanent disabilities and impairments
- Scarring and disfigurement
- Loss of quality of life
Our legal team can help build your case and pursue meaningful compensation for your accident-related injuries and losses.
Can I Still Recover Compensation If I Contributed to the Scooter Accident?
California uses a pure comparative fault law that allows accident victims to still recover compensation even if they contributed to the accident, and even when they were the party most at fault for the accident. As long as someone else shared responsibility for the accident, you can still pursue compensation.
However, your compensation is reduced by your degree of fault. Therefore, if you were found to be 40% at fault and suffered damages of $10,000, your damages would be reduced by 40% or $4,000 in this example.
What Is the Deadline to File a Personal Injury Lawsuit in California?
The statute of limitations to file a personal injury lawsuit in California is generally two years. If the case is based on a personal injury, you must file a lawsuit within two years of the accident date, but if it is based on a wrongful death, you must file the lawsuit within two years of the date of death. Missing the applicable time limit can cause you to forfeit your right to pursue compensation. Contact an experienced lawyer to protect your rights.
What Should I Do After a Scooter Accident?
If possible, take the following steps to protect your legal rights and your health following a California scooter accident:
- Report the accident to authorities.
- Seek medical attention immediately.
- Ask the at-fault driver for their personal and insurance information.
- Take pictures of the accident scene and your injuries.
- Ask each witness for their contact details.
- Contact the owner of the scooter and report the incident.
- Contact an experienced personal injury lawyer.
Contact the Allen Law Firm for a Free Consultation
If you or a loved one was injured in a scooter, Vespa, or moped accident, you should not hesitate to contact an experienced personal injury attorney for legal assistance. Our experienced legal team can evaluate your case, investigate who is at fault, and pursue the compensation you deserve. Our founding attorney, Scott J. Allen, has over 20 years of experience and has successfully represented hundreds of clients in Monterey, Salinas, Santa Cruz, and surrounding areas.
Our other personal injury lawyers also bring years of experience and diverse backgrounds to the table. We are local attorneys and support staff who live and work in the same communities as you do. We are committed to keeping the members of our community safe and are here to fight when someone’s careless actions injure you or a loved one.
If you’d like to learn more about your legal rights for recovering compensation after a scooter accident, contact us for a free consultation.
