Virginia moped accident lawyers

What qualifies as a moped?

Not every electric scooter is considered a moped and is subject to moped laws. According to Virginia Code § 46.2-100, a moped is a vehicle that:

• Travels on three or fewer wheels
• Runs on an engine that uses gas, electricity, or both, and is no more than 46 cubic centimeters
• Travels no faster than 35 mph

What can moped drivers do to stay safer on the road?

If you choose to ride a moped, take these steps to minimize your risk as much as possible:

• Wear a helmet and protective eyewear. It’s the law in Virginia.
• Wear tough fabric clothing to help prevent skin abrasions in case you’re in an accident.
• Make yourself as visible as possible to other drivers and pedestrians.
• Become familiar with and follow Virginia’s laws for mopeds.

What does the law say about mopeds?

While mopeds are not as strictly regulated as cars and motorcycles in Virginia, moped drivers still have to follow Virginia’s laws for mopeds:

• All moped drivers must be 16 years of age or older.
• Mopeds are not allowed on interstate highways or freeways.
• Mopeds must be registered to drivers before use.
• Moped drivers must wear a Department of Transportation (DOT)-approved helmet and eye gear.
• All moped drivers must carry a state-issued ID while operating their vehicle.
• Drivers who have had their driver’s license revoked due to a DUI may not operate a moped.

Unlike motorcycle drivers, moped drivers are not required to get a special license. In fact, they don’t even have to have a driver’s license, just a government-issued ID. That could be a passport or state ID, neither of which requires a driver’s test.

While car drivers and their insurance companies can try to use this against moped riders, moped riders have rights. And in fact, in a moped-car collision, the car driver is often the one at fault.

Why are moped riders at risk?

Moped riders are required to drive on the road, not the sidewalk. This is meant to protect pedestrians, because a moped going full speed can hurt them.

However, moped riders are themselves at greater risk when they are on the road. Why?

Mopeds can’t travel more than 35 mph, and most car drivers routinely travel faster than that. Driving a car behind a moped can make some drivers impatient, and even aggressive. Aggressive drivers are particularly dangerous because they often make rash, irresponsible decisions. Aggressive drivers may even take their annoyance out on the moped rider by driving too close or even hitting the moped from behind, causing a serious accident.

Like bicycles, mopeds are small and quiet. Many car drivers rely on their peripheral vision and hearing, rather than actively checking their mirrors or blind spots, to notice whether another vehicle is nearby. This kind of negligence is especially dangerous to moped riders, because it means they can be overlooked and hit by a car.

Common ways a car driver can cause a moped accident include:

• Neglecting to follow the right of way
• Failing to check for mopeds during a merge or turn
• Running a red light or stop sign
• Not signaling a turn properly
• Driving while distracted
• Driving while fatigued
• Driving while intoxicated

Car drivers may not view mopeds as actual vehicles and not give them the respect they deserve. Mopeds are small, relatively slow, and don’t require a license. So some drivers view them like bicycles, and refuse to share the road with them — by ignoring the right of way and passing aggressively.

With all of these factors, it’s no wonder that many moped riders have been severely injured by cars.

What are common moped accident injuries?

While mopeds are made to be on the road, that doesn’t mean they can stand up to cars during a collision. Like motorcycle riders, moped riders are right out in the open — with no walls, crumple zones, seatbelts, or airbags to protect them. When a negligent driver collides with a moped, the car always wins, and the moped rider is usually left with severe injuries.

Those injuries may include:

• Brain damage
• Broken bones
• Road rash
• Deep lacerations
• Spinal cord injuries
• Organ damage or internal bleeding
• Skull fractures
• Compartment syndrome
• Nerve damage

Wounds like these may take months to heal, and they can even lead to permanent disability. So, moped riders who can walk away with lesser injuries are actually the lucky ones.

What if a moped accident is fatal?

Moped accidents, like vehicle collisions, can be fatal. If you have lost a member of your family to a moped accident, you are likely in shock and pain. While nothing can change what happened, you can seek compensation for the accident by filing a wrongful death claim against the responsible driver.

Who can you call for help after a moped accident?

If you or your loved one were injured or worse in a serious moped accident in Virginia, you need a helping hand. Moped collisions can be devastating, and the last thing you need to worry about now, while recovering from injuries or mourning a loved one, is fighting with an insurance company.

We at GibsonSingleton Virginia Injury Attorneys offer compassionate, expert legal help. As skilled Virginia motorcycle accident attorneys, we know the legal system inside and out, and we consider it a calling to put our experience to work for you. Call us at (804) 413-6777 or toll-free at (855) 781-6777 to schedule your free consultation. We’ll tell you all of your options and help you determine the best path forward for your family.