Motor scooters are exceptionally popular across the U.S., especially for people who have no interest in sitting in busy city traffic. Motor scooters are convenient and far more fuel-efficient than cars.
You need a license to operate a motor scooter in America. In some states, this means getting a Class M license. In other states, you only need a general driver’s license.
The increasing use of motor scooters also increases the risk of accidents. Sometimes, motor scooter riders do not have a license, increasing their liability for an accident. Other times, they may be negligent while riding their scooter, which means they may be sued for damages.
Moreover, if you own a motor scooter, you may also be at a higher risk of an accident because of road hazards and reckless car drivers.
Motor Scooters and Accidents
Motor scooters are not the same as mopeds or motorcycles. These scooters have a smaller engine size and are easier to operate. The problem is that scooter riders are more vulnerable to injuries than car drivers or motorcycle riders.
Scooter accidents continue to soar in the U.S., especially electric scooter accidents. The rise in accidents holds significant implications for riders, drivers, and pedestrians. The most common causes of scooter accidents include:
- Driver error (this includes motor scooter and car driver error)
- Poor road conditions
- Distracted driving
- Bad weather and lack of visibility
- Unlicensed riders or poorly maintained scooters
When an accident involves a motor scooter, it is important to understand who may be liable. Liability affects the claims process, insurance payouts, and potential legal outcomes.
Liability in Motor Scooter Accidents
Determining liability means establishing who is to blame for the accident. In a motor scooter accident, liability can be established by identifying which party acted negligently. The negligent party will most likely be held responsible for the damages and injuries suffered by the other party.
The liable party’s insurance policy should cover damages and medical expenses. If the negligent person does not have insurance, they will likely have to pay out of pocket.
When the Scooter Rider Is at Fault
If you are the scooter rider and you were negligent, you will likely be found responsible for the accident. Rider negligence includes:
- Ignoring traffic signals or signs
- Speeding or reckless driving
- Riding while under the influence of alcohol or drugs
- Failing to yield, indicate, or not following lane rules
When Another Driver Is at Fault
If the accident involves a car and you were not negligent, the car driver may be found responsible. Often, car driver negligence includes:
- Distracted driving (driver may have texted or used a hand-held GPS while driving)
- Failing to check blind spots before changing lanes
- Aggressive driving or speeding
- Driving while under the influence of drugs or alcohol
If the car driver is to blame for the accident, you can sue them for damages. This includes medical expenses if you were injured and repairs to your scooter. If you missed work because of your injuries, you can also pursue damages for loss of income.
When a Pedestrian or Cyclist Is at Fault
It does not happen often, but a pedestrian or cyclist could also be to blame for a scooter accident. For instance, a pedestrian could jaywalk and land on the road before your scooter, or a cyclist may swerve unexpectedly into the path of your scooter.
Mechanical Failure
Sometimes, the cause of an accident has nothing to do with driver error or negligence. Instead, the accident may be caused by a mechanical defect. In such a case, you may be able to hold the scooter’s manufacturer responsible.
For example, you could pursue a product liability claim if your scooter’s brakes fail due to a manufacturing defect.
Poor Road Conditions
It is also possible that poor road conditions can cause you to crash while riding your scooter. Things like uneven pavements, potholes, and road cracks can cause you to lose control of your scooter.
If this happens to you, you may be able to sue your local government for damages. Just remember that local governments are protected by sovereign immunity. If you want to pursue a legal case, it is best to consult a lawyer first.
What to Consider
Having a license and insurance is non-negotiable if you want to ride a scooter. Your state will likely require you to carry minimum liability insurance, similar to car insurance requirements. Your insurance policy will cover damages and medical expenses if you are at fault for an accident.
Liability insurance usually covers:
- Bodily injury and property damage (to others)
- Medical payments (for your and the other party’s injuries)
- Collision damage (this is optional)
If the car’s driver is to blame, the driver’s auto insurance should cover the damages. In certain states, PIP (personal injury protection) insurance coverage pays for medical expenses after an accident, regardless of who caused it.
Remember that some scooter accidents are ineligible for PIP protection in specific states.
What to Do After a Motor Scooter Accident
If you are in a motor scooter accident, make sure you move to a safe place (off the road) and call 911. You must get a medical evaluation and treatment immediately if you sustained injuries.
Furthermore, to pursue a legal case against the other involved party, you must get a copy of the official accident report.
While on the scene, take photos of the accident site and the damage to your scooter. Also, get photos and videos of the damage to the other car and visible injuries on your body.
When you leave the accident scene, you must notify your insurance company about the accident immediately. If you want to sue the other party, ask a personal injury attorney for assistance.
A lawyer specializing in car or scooter accidents can help you file a case, negotiate with the insurance companies, and represent you in court if needed.
Motor Scooter Accidents Can Have Serious Consequences
Motor scooter accidents, like car accidents, can have severe financial, physical, and legal consequences. It is crucial to understand your responsibilities as a motor scooter driver and learn when you may be held liable for an accident.
Ensuring you have the right insurance coverage and driving safely will go a long way in protecting your rights after an accident, as will knowing the steps to take if you want to sue, including hiring a lawyer.
Jessica has a flair for writing engaging blogs and articles. She enjoys reading and learning new things which enables her to write different topics and fields with ease. She also strives to break down complex concepts and make them easy for anybody to comprehend.
