Motorcycle and Moped Accidents
Motorcyclists and moped riders are disproportionately likely to be in an auto accident, and they are more likely to suffer serious injuries because of the nature of these crashes. A motorcycle or moped does not offer the same level of protection that a motor vehicle does. Even a mini or a compact car could cause catastrophic damage to a biker or moped rider. Even when you ride with the proper personal protective equipment, you could suffer catastrophic injuries if you get into an accident with a motor vehicle.
Motorcycle Accidents
In fact, the national rate of the most severe injuries caused in motorcycle accidents is around 28 times higher than those involving regular car accidents. Unfortunately, motorcycle-related fatalities have been on the rise in California for the past 22 years. According to the California Office of Traffic Safety, 488 people died in motorcycle accidents in 2018 (compared to 155 – in bicycle accidents).
Moped Accidents
Mopeds are motorized bicycles with 2-3 wheels and an electric motor utilizing an automatic transmission to produce less than 4 gross brake horsepower. Also, some mopeds have pedals so that the motor doesn’t always have to be used. Mopeds are not motorcycles––motorcycles have 2-3 wheels and an engine size larger than 150 cc. Plus, you must have insurance in California for a motorcycle, but it is not required for mopeds.
To ride a moped, you must have a motorcycle license (M1 or M2) and be at least 16 years old. Helmets are required. Like all other forms of micromobility transportation devices such as bicycles, scooters, electric scooters, hoverboards, skateboards, or other micromobility devices, you do not need insurance to ride a moped. Unlike all forms of those alternative transportation means, you are required to have a special license plate and an identification card to ride a moped.
Though statistics on moped accidents are limited, here are some worthwhile facts:
- According to the National Highway Traffic and Safety Administration (NHTSA), combined injuries from moped and motorcycle accidents increased from 88,000 to 103,000 from 2006 to 2007.
- The NHTSA suggests that mopeds riders are 35 times more at risk of fatal injury than motorists or passengers in a passenger vehicle.
- The NHTSA also reported in 2014 that there were 92,000 injuries and 4,295 deaths nation-wide due to moped, motorcycle, and scooter accidents.
So, just like all of the other micromobility devices, mopeds are risky as much as they are a form of transportation that is convenient, cheap, and accessible.
Why Are Motorcycle and Moped Accidents So Serious?
Motorcycles and mopeds are dangerous for a few reasons—many of which are not related to rider fault or error.
- These vehicles are smaller, making them harder for other drivers to see
- They do not offer sufficient protection for riders
- They are not as stable as vehicles that have four (or even three) wheels
- Operating a moped and especially motorcycle requires faster and more precise skills and reactions, both physically and mentally
- Motorcycle and moped riders are more vulnerable compared to other passengers when it comes to road conditions and weather
- Additional factors for causing serious motorcycle/moped injuries can be unlicensed riders, young or underage riders, alcohol or drug impairment, not using helmets, violating traffic laws, weather conditions, light conditions, and even time of year.
Unfortunately, when there is a motorcycle or moped accident, it is often serious because there is very little protecting a rider from the road or other drivers.
In addition, older riders tend to have more severe injuries than younger riders. Changes in vision and reaction time, coupled with larger-sized bikes that older riders often favor, create the increased possibility of a dangerous rollover.
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Fault and Motorcycle/Moped Crashes in California
Although motorcyclists and moped riders can be partially at fault for accidents in California, the truth is that most of these crashes are caused by the car driver, not the motorcyclist or rider. There are a variety of reasons that this occurs, but not checking adequately for an oncoming or nearby small vehicles is one of the most common reasons that accidents happen.
California uses a legal scheme to determine who is to blame for a crash called “comparative fault.” In this system, each person or entity involved in the collision is assigned a percentage of fault. That percentage is important to motorcycle or moped accident victims because it determines how much money you can get to help address your damages and injuries related to the crash.
A Quick Example of Comparative Fault in California
Imagine that you are riding your motorcycle in your own lane when a driver merges right into the side of you, sending you into the ditch. It is probably clear that the other car is mostly at fault because that driver did not see you, but perhaps you were speeding at the time. A jury could assign you fault of 10% and the driver’s fault could be 90%. That means that if you are requesting $100,000 to cover your hospital bills, pain, suffering, and other losses, then you may get $90,000 to account for your 10% fault for the crash.
California is a pure comparative fault state. That means that you can still get money damages even if you were over 50% at fault for the collision.
Lane Splitting and Motorcycle Crashes
California is the only state in the United States that legally permits motorcyclists to engage in “lane splitting.” Lane splitting occurs when a motorcyclist drives between passenger vehicles. It is sometimes referred to as “lane sharing” as well. This practice is often used so that a motorcyclist can weave in and out of travel lanes to move through traffic faster.
Lane splitting can be dangerous, but because it is legal in California, it is unlikely to be a reason to increase your comparative fault unless you are engaging in unsafe practices.
Getting Help After a Motorcycle/Moped Accident
If you or a loved one has been involved in a motorcycle or moped accident, whether with another motor vehicle or a pedestrian, whether because of defective bike parts or dangerous road conditions, it is very likely that the other party is partially or fully at fault. Talking to an experienced California attorney about your specific situation will help you determine what your next steps should be to assert your legal rights.
