California Moped Accident Attorneys
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Moped Accident Attorneys In California
Mopeds and other motorized scooters serve as an inexpensive and eco-friendly means of transportation in California. However, similar to bicycles, they provide minimal protection to riders. Scooter accidents can lead to severe injuries even if the driver is wearing a helmet. In the event of an injury resulting from a moped anywhere in the state, it is important to hire our skilled California moped accident attorneys. Contact Arash Law today at (888) 488-1391 or complete our online form to start your legal journey.
The surge in moped accidents in California correlates with the introduction of scooter-sharing programs by companies like Bird Rides, Inc., LimeBike, and Spin across the state. After a moped scooter accident that leads to injuries, individuals have the right to seek legal advice to ensure fair compensation.
Moped accidents can result in harm to operators, pedestrians, bicyclists, and motorists, causing injuries such as head trauma, fractures, cuts, and sprains. Identifying responsible parties in scooter accident cases depends on the specifics of each incident, including negligent scooter operators, drivers, pedestrians, and scooter manufacturers in product liability cases.
Qualified moped accident attorneys can not only initiate legal action against the liable parties but also assist in gathering evidence against the at-fault party, file injury claims with the negligent party’s insurer, coordinate the victim’s medical care, and maximize compensation for the injury victim.
Arash Law, a leading California-based personal injury law firm, specializes in handling moped and scooter accident claims and lawsuits, among other personal injury cases. Dedicated to tirelessly advocating for our clients, we aim to secure the highest possible settlement. Contact our moped accident lawyers in California today to receive the legal assistance you need.
What Is The Role Of Moped Accident Lawyers In California?
Choosing The Right California Moped Accident Lawyers For Your Case
Selecting the right moped accident attorneys is more than just receiving legal advice; it’s about finding support during this challenging period. But how do you make the choice?
Get A Referral
Ask About Their Experience Handling Moped Accidents
Review Their Track Record
Find Out If They Work On A Contingency Fee Basis
Ask About Their Communication Schedule
Our client was driving with his wife and son on a two-lane highway when a drunk driver crossed the double yellow lines, causing a head-on collision that claimed the life of a loving wife and mother.– Arash Khorsandi
What Are The Benefits Of Hiring Moped Accident Lawyers At Arash Law?
Our California moped accident lawyers boast several decades of experience in personal injury cases, specializing in motorcycle accidents involving small motorbikes, scooters, electric bikes, skateboards, and more. Many incidents in California result in severe spinal cord injuries, traumatic brain injuries, and harm to passengers in other vehicles.
Our personal injury lawyers have dealt with motorized bike accident cases like mopeds stemming from:
- Distracted driving
- Drowsiness
- Aggressive driving
- Intentional road rage
- Negligence and carelessness
- Drunk driving
- Failure to adhere to traffic signals
- Speeding
Throughout the years, Arash Law has assisted numerous drivers and passengers who have suffered injuries due to the negligence of others. We have successfully countered the efforts of insurance companies aiming to minimize or deny compensation for their severe injuries, and we are here to provide the same level of assistance to you.
What Is The Difference Between Mopeds And Scooters?
Are Mopeds Dangerous?
Risks Associated With Riding A Moped
Rules For Moped Operators And Drivers In California
Individuals operating mopeds, motorized bicycles, and motorized scooters in California are obligated to exercise responsible driving practices. Given that these vehicles are motor-powered and not propelled by pedals or feet, they fall under the classification of motor vehicles. Operators must adhere to traffic laws and comply with all signage and traffic directives while driving.
Riders must avoid using sidewalks with their mopeds or e-scooters to prevent pedestrians from being injured. Yielding to pedestrians and following instructions provided by law enforcement directing traffic is mandatory. Additionally, operating a moped under the influence of intoxicants is strictly prohibited. Those found doing so can be held accountable for any resulting injuries, including possibly facing punitive damages.
When an individual responsibly operates a moped, other drivers must acknowledge and share the road, recognizing the moped as a legitimate vehicle. Instances of aggression towards mopeds from drivers of cars, trucks, and SUVs constitute negligent behavior. Riders on mopeds or motor scooters are particularly vulnerable, and any collision with a larger vehicle can lead to catastrophic injuries. After sustaining injuries, victims need to hire knowledgeable moped accident attorneys in California to secure compensation to cover their medical bills and lost income.
California Motorcycle License Requirements
The California Department of Motor Vehicles (DMV) has established licensing and registration guidelines for various motorized vehicles, including motorcycles, motor-driven cycles, mopeds, motorized bicycles, and motor scooters. As outlined by the DMV:
- Moped – A moped is a two- or three-wheeled vehicle with a maximum speed of 30 mph. An M1 or M2 motorcycle license is required for the driver.
- Motorcycle – A motorcycle is characterized by an engine larger than 150 cc and no more than three wheels. Motorcycles must be registered, and the driver must possess an M1 motorcycle license.
- Motor-Driven Cycle – A motor-driven cycle features a 149 cc or smaller engine. It must be registered, and the driver must hold an M1 motorcycle license.
- Motorized Bicycle – A motorized bicycle has pedals and an electric motor of not more than 1,000 watts, with a maximum speed of 20 mph. Operators must be at least 16 years old and wear a bicycle helmet. A motorized bicycle is exempt from motor vehicle financial responsibility, driver’s license, and license plate requirements. They are issued a special license plate and identification card, with a one-time fee and no renewal necessary.
- Motor Scooter (Motorized Scooter) – A motor scooter, or motorized scooter, is a two-wheeled vehicle featuring a motor, handlebars, and floorboard for standing while riding. This is not subject to registration; it may be driven with a driver’s license of any class.
Laws Governing Driving Mopeds In California
Gaining a comprehensive understanding of the legal framework governing mopeds in California is imperative, whether you are a frequent rider or contemplating using one. Riders of mopeds are obligated to wear helmets and possess an official driver’s license or learner’s permit.
In Los Angeles, strict enforcement of these rules is in place to uphold safety, particularly in pedestrian-heavy areas. These regulations are equally applicable whether you are riding a personally owned scooter or utilizing popular scooter-share programs.
Mopeds must adhere to bike lanes whenever possible, and if unavailable, they are permitted on roads with speed limits under 25 mph. However, riding on sidewalks is strictly prohibited, except when parking the scooter.
Beyond ensuring personal safety amidst motor vehicle traffic, adherence to these laws significantly influences the determination of liability in the event of an accident. The absence of a legal mandate for most e-scooter riders to carry liability insurance further complicates matters post-accident involving motorized scooters. Understanding regulations before using a moped is not solely about avoiding fines but is crucial for safeguarding rights. Additionally, government agencies could be held accountable for accidents resulting from poorly maintained roads or faulty infrastructure.
If you need more clarification on these laws, our moped accident attorneys at Arash Law can answer whatever questions you may have.
California categorizes mopeds as Type CVC 406 vehicles, and two distinct codes outline the specifications for this vehicle class.
Under Requirement 406(a), the criteria for high-powered mopeds are outlined:
- The vehicle must feature a motor generating no more than 2 brake horsepower.
- The vehicle must be operable through pedals and/or a motor.
- The vehicle must be equipped with an automatic transmission.
- The vehicle’s maximum speed is capped at 30 mph, including instances where the driver pedals and utilizes the motor simultaneously.
Additionally, this code mandates that drivers of high-powered mopeds obtain special license plates and identification cards, which must be procured from the DMV to be considered valid. It is important to note that this requirement for special moped licensing solely applies to high-powered moped variants.
Requirement 406(b) outlines the characteristics of lower-powered mopeds:
- The vehicle’s motor should produce a maximum of 1,000 watts of power.
- The maximum speed of the vehicle is limited to 20 mph, even when both the motor and pedals are engaged.
Unlike high-powered mopeds, low-powered mopeds do not need special license plates or identification. Additionally, the state does not mandate registration or insurance for these vehicles. However, riders must be at least 16 years old to operate a moped.
For riders owning a 406(a) classified moped, registration with the DMV and obtaining an M1 motorcycle license are mandatory. Drivers aged 18 and above must fulfill specific requirements:
- Complete an approved California Motorcyclist Safety Program (CMSP) or pass a driving test.
- Successfully completed a written test at the DMV.
- Complete their application form.
- Pass a vision test.
For drivers under 18, additional requirements apply:
- Possess their driver’s permit for at least six months.
- Complete both driver’s education and driver’s training courses.
- Complete a CMSP course.
- Complete a motorcycle rider training course akin to driver’s training.
The DMV mandates that riders under 18 fulfill all available driver and motorcycle training forms. This comprehensive approach aims to ensure the safety of both the moped rider and the public when operating the vehicle.
California Scooter-Sharing Programs
Scooter-sharing programs have become familiar on the streets of Los Angeles and across California, with innovative services such as Spin, Lime, or Bird electric scooters offering an eco-friendly transportation alternative to residents.
With the help of a smartphone app, riders can quickly locate and unlock scooters around town by scanning a QR code. The functioning of these share programs is centered around encouraging riders to pick up electric scooters from public spaces left by previous users and leave them at their destination for the following user.
How To Maintain Safety With Shared Electric Scooters
Prioritizing safety is vital when riding shared electric scooters in busy pedestrian areas or alongside bike lanes in the presence of motor vehicles. Indeed, numerous accidents involving e-scooters stem from road hazards that may not be immediately evident to inexperienced riders. This shows the importance of proper education about potential risks before riding an e-scooter.
Before riding these motorized scooters, it is crucial to meticulously review the user agreement accessible through each company’s smartphone app. This document furnishes valuable insights into safe operating procedures and specifies expectations for responsible usage. Adhering to these guidelines is instrumental in preventing mishaps, such as sudden left turns without signaling or reckless speeding.
However, this model introduces unique challenges, particularly when determining responsibility in the event of moped and electric scooter accidents. Questions about who should be held accountable in a Bird or Lime scooter accident lawsuit may arise. In such instances, scheduling a free consultation with experienced California moped accident attorneys becomes crucial for assessing and pursuing your claim.
What Are The Common Causes Of Moped Accidents?
Similar to auto accidents, scooter crashes result from various causes, including defective parts and inadequately maintained roadways. Some of the most common contributors to moped and other scooter accidents include:
- Motorist Error – Operating a low-profile vehicle, such as a moped, bicycle, scooter, or motorcycle, poses inherent dangers. Drivers often overlook mopeds in traffic due to their compact size. The enhanced maneuverability of mopeds can lead automobile drivers to lose track of their position alongside the car. On California streets, moped riders must operate under the assumption that they are unseen by car drivers.
- Reduced Visibility – Moped accidents are more likely when visibility is compromised, such as during dusk, heavy traffic, or obstructed settings.
- Driving Under The Influence – Given the susceptibility of moped riders, collisions with drivers under the influence can be fatal. Wearing a helmet, opting for reflective or bright clothing, and remaining vigilant for erratic drivers are essential safety measures when riding a moped or scooter.
In addition to these scenarios, moped operators risk serious injuries in accidents involving other mopeds, scooters, pedestrians, motorists or motor vehicles (including Lyft and Uber drivers), bicyclists, and motorcyclists.
If you’re injured in a moped because of another person’s carelessness, our moped accident attorneys in California are here to assist you. We will conduct a swift and comprehensive investigation of the accident scene, tirelessly working to secure compensation on your behalf.
What Are The Common Types Of Moped Accidents And Injuries?
As per a study published in the Journal of the American Medical Association (JAMA), common injuries in scooter and moped accidents include:
- Fractures – Breaks or cracks in bones, often caused by trauma or excessive force.
- Head Injuries – Damage to the head, ranging from mild concussions to severe traumatic brain injuries (TBI), typically resulting from impact or sudden movement.
- Contusions – Bruises or areas of injured tissue caused by blunt force, resulting in localized bleeding and discoloration.
- Sprains – Injuries to ligaments, the tissues connecting bones, often caused by sudden stretching or tearing.
- Lacerations – Deep cuts or tears in the skin or other tissues, commonly caused by sharp objects or trauma.
Riders may sustain injuries in crashes caused by device malfunctions or road hazards. Common road hazards include potholes, litter, sticks, and branches. Furthermore, pedestrians are susceptible to moped-related injuries if they collide with a moped.
If you’ve sustained injuries in a scooter accident, it is crucial to seek medical attention promptly. While certain injuries may resolve independently, others may require treatment from a qualified medical professional. The moped accident attorneys at Arash Law can recommend you to our partners in the medical field. While we guide you through the legal process of your claim, you can focus on your recovery.
What Should I Do After A Moped Accident In California?
- Obtain The Other Driver’s Information. Gather information from all involved drivers, including names, license numbers, phone numbers, vehicle registrations, and plate numbers. This information proves valuable when interacting with your insurance company.
- Contact The Police. Call the police to ensure the creation of a police report, a crucial element for your claim.
- Collect Witness Information. Gather details from witnesses who observed the accident or saw you riding responsibly before the incident. While a formal statement isn’t necessary, obtaining each person’s name and contact information is important.
- Capture Photos And Videos Of The Scene. Take photographs from various angles to depict the damage to all involved vehicles. Include shots of road conditions, property damage, weather conditions, street signs, signals, or other factors influencing the crash.
- Seek Medical Evaluation. Visit a hospital, doctor, or urgent care facility immediately for a medical assessment, even if injuries aren’t immediately apparent. Some symptoms may manifest days or weeks later, and timely medical evaluation is crucial for establishing a connection to the accident.
- Take Note Of California’s Accident Reporting Requirements. California has 3 ways of reporting an accident, which include:
- Calling The Police – Report any motor vehicle accident, including moped wrecks, to the police if:
- Anyone was injured.
- The dollar amount of damage is $1,000 or more.
- Aggravating circumstances, such as DUI, are involved.
- In case of injuries or potential DUI, dial 911. Otherwise, use the police non-emergency number.
- Reporting To The California DMV – Report the accident to the California DMV if:
- Anyone was injured, even if minor and not requiring medical treatment.
- Property damage amounts to $1,000 or more.
- Any driver operates a vehicle without a license or is intoxicated.
- Notify Your Insurance Company – Report the accident to your insurance company, as they will collaborate with the other driver’s insurer to resolve your claim.
- Calling The Police – Report any motor vehicle accident, including moped wrecks, to the police if:
- Hire Moped Accident Attorneys In California. Resolving a moped case can prove more challenging than settling an accident involving two cars. In addition to potential biases against moped riders, insurance adjusters might not engage in negotiations on a level playing field. This emphasizes securing personal injury lawyers dedicated to advocating for your rights.
What Is The Statute Of Limitations For Moped Accident Cases?
- Personal Injuries – You have a two-year timeframe from the date of your moped accident to file a legal action for personal injuries sustained.
- Wrongful Death – In case of a family member’s demise in a moped wreck, filing a wrongful death action must occur within two years of your loved one’s death. This timeline might differ from the collision date.
- Governmental Entity Involvement – When the negligent party is the State of California, a city, or another governmental entity, the window to sue is significantly shorter. A claim must be filed within six months after the crash date.
- Minors – For moped accident victims who are minors, there’s an exception to the two-year deadline. They have two years from their 18th birthday to initiate a legal action. However, pursuing their case may be possible before they turn 18.
Moped Accident Statistics In California
While mopeds enjoy widespread popularity as a transportation option in numerous countries, their adoption in the United States has only recently gained popularity. Due to this recent surge, there is a limited body of research available in the U.S., and obtaining specific moped and scooter accident statistics poses a challenge as they are often merged with motorcycle data. While mopeds are often perceived as safe modes of transportation, accident statistics paint a different picture.
A recent study conducted by the University of California Los Angeles revealed that a significant number of moped accidents are unreported, and 40% of those that are reported result in bone fractures. Not only that, but moped accidents also commonly lead to head trauma. Despite the seemingly moderate speeds of 20 to 25 miles per hour, the impact of a collision at these speeds can cause substantial damage, especially when it involves head injuries. The underreporting of many moped accidents suggests that a considerable number of head trauma injuries go undocumented.
Scooter accidents have witnessed a significant surge in recent years, as highlighted in a study by the University of California San Francisco. The research reveals a staggering 222% increase in scooter-related injuries and hospital admissions from 2014 to 2018, reaching over 39,000 injuries. Within the same timeframe, hospital admissions experienced a substantial spike of 365%, totaling nearly 3,300.
While motorcycle and car drivers typically maintain insurance coverage, the same does not apply to moped operators. In fact, a study indicates that a staggering 90% of moped drivers do not possess insurance.
This circumstance carries two significant implications. Firstly, in the event of any damage caused to other vehicles, moped operators are personally responsible for covering the costs. Secondly, if they sustain injuries while operating a moped, there is a high likelihood that they will be responsible for their medical expenses.
The increased usage of these devices serves as a clear reminder that exercising extra caution is essential, regardless of the lower speeds compared to operating a car. In light of these risks, it’s crucial to recognize the need for legal assistance. If you or a loved one has been involved in a moped accident, prompt hiring of experienced moped accident attorneys at Arash Law can be instrumental in protecting your rights and seeking the compensation you deserve.
Frequently Asked Questions
The potentially responsible parties in a moped accident depend on the specific circumstances of each case. For instance, if a pedestrian is struck by a moped, the pedestrian may pursue a lawsuit against the moped operator if the operation of the device is deemed negligent. When moped drivers sustain injuries in a collision with a car, they might have grounds to file a lawsuit against the negligent driver.
If a moped operator suffers harm due to a malfunction in the vehicle, they may file a lawsuit against the manufacturer or operator. Lastly, scooter drivers could pursue legal action against a governmental agency if their injuries result from poorly maintained roads, sidewalks, curbs, and traffic signs or signals.
It's worth noting that individuals filing a personal injury claim following a moped accident may seek compensation for medical bills and expenses, lost wages, lost earning capacity, property damage, and pain and suffering. In the unfortunate event of a fatality in a moped accident, the family members of the victim may be eligible to file a wrongful death suit against the responsible party.
Yes. In California, the spouse of an injured party has the legal right to pursue a claim known as "loss of consortium." This constitutes a form of "non-economic" damages that can be granted to the spouse of an injured individual.
As per California Civil Jury Instruction (CACI) No. 3920, in cases where a spouse suffers harm, their husband or wife is entitled to seek compensation for losing their "companionship and services." This covers various elements such as the "loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, sexual relations, and/or the ability to have children."
Choosing not to wear a helmet while riding a moped comes with certain risks. Aside from the increased likelihood of severe injuries in case of an accident, there are legal consequences to consider. Under California law, the defense can cite not wearing a helmet as a contributing factor in determining comparative fault.
If you ever find yourself in a situation where you are not wearing a helmet, it is recommended that you contact the moped accident lawyers at Arash Law for a thorough discussion about your case. Even without helmet usage, there is still a chance of having a valid case. Although the compensation might be reduced, our legal team can offer a personalized consultation to explore the factors that could affect your potential monetary award.
The compensation individuals receive after moped accidents can vary considerably, influenced by factors such as the severity of injuries, property damage, and the unique circumstances of each incident. Predicting a fixed sum is challenging, emphasizing the importance of engaging California moped accident lawyers. Their expertise ensures a thorough understanding of intricate elements to determine potential awards or damages accurately.
More about how your personal injury claim amount is estimated.
Whether or not court involvement is necessary for your moped accident case depends on the circumstances. While many cases can be resolved through negotiations outside of court, California moped accident attorneys' expertise becomes crucial if a mutual settlement proves unattainable and a lawsuit is necessary.
The timeline for resolving a moped accident case depends on factors like case complexity, the extent of injuries, and the clarity of liability. Generally, most cases are resolved within a few months to a year.
The Cost Of Hiring California Moped Accident Lawyers
Determining the cost of California moped accident lawyers can vary significantly. The factors influencing the final expense encompass the attorney’s experience, the complexity of the case, and the chosen fee arrangement, whether it be hourly rates or a percentage of the compensation received. Notably, at Arash Law, our moped accident lawyers operate on a contingency fee basis, meaning we only receive payment upon winning the case.
Contact The Award-Winning Moped Accident Lawyers Of Arash Law Today!
At Arash Law, led by Arash Khorsandi, Esq., we are dedicated to assisting you in maximizing the value of your case, ensuring you receive appropriate medical attention, and holding wrongdoers accountable for their actions. Concerns about insurance claims, medical bills, or lost wages need not keep you awake at night. Our seasoned moped accident attorneys possess the expertise to address these issues and more, safeguarding your rights throughout the process.
While the mess after a moped accident can be overwhelming, you can trust us to be by your side in the entire claims ordeal. Reach out to us at your earliest convenience to discover how we can support you. Our California moped accident lawyers are ready to meet with you to discuss the details of your crash, identify potential legal claims, and determine liable parties. We have successfully recovered $750 Million in compensation for our valued clients.
We’re pleased to meet with you at your home, office, or any location within the state. Our offices are strategically placed across California, covering areas like Los Angeles, Sacramento, San Francisco, San Diego, San Jose, Fresno, Oakland, Orange County, Riverside County, and San Bernardino County.
Avoid delay, as California imposes time limits for injured riders to seek compensation. The sooner you contact us, the swifter we can work towards securing the compensation you deserve for your injuries. Get in touch with us today at (888) 488-1391 to arrange a free consultation, and let’s begin the road to recovery together.