Can I Sue if I Get Hit by a Car While on a Moped?

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Moped enthusiasts in Miami and South Florida have access to many picturesque routes, from the vibrant Ocean Drive to the lush landscapes of Coral Gables. However, navigating through cityscapes and urban territories introduces a layer of risk because these two-wheelers must share the roads with larger vehicles.

The consequences of a crash with these vehicles are often more severe for moped and scooter riders, who are at a higher risk of fatalities. For instance, in 2024, a scooter rider was killed in a hit-and-run with a vehicle on Northwest 22nd Ave. in Miami.

As a moped rider in South Florida, you have the right to seek fair compensation for your injuries if a car or another larger vehicle hits you. Our Miami motorcycle crash lawyers at Aigen Injury Law can help you hold the at-fault driver accountable.

Comparative Fault in Florida

Florida follows a modified comparative fault doctrine for determining liability in vehicle accidents. This means both parties, even in collisions between cars and mopeds, can be partially responsible for a crash and be assigned a percentage of fault.

As a moped rider, this lets you sue another driver for your injuries, even if you are partially responsible for the crash. However, seeking damages for modified comparative negligence requires you to be 50% or less responsible for the accident. Also, the settlement you receive depends on your fault percentage: the more at fault you are, the less you can receive. If you are over 50% at fault, you can’t receive any compensation at tall.

Situations Where Both Parties Might Share Fault

There are many scenarios where a moped rider and vehicle driver might share fault for a crash. This typically occurs when both parties act negligently or do not follow traffic rules in Florida:

  • Distracted Driving: Both the moped rider and motorist could be at fault for a crash if they’re distracted. For example, the moped rider may be preoccupied with a storefront on the opposite side of the road, and vehicle operators may be illegally texting while driving. Their lack of attention could lead to a collision in which they share liability.
  • Driving on the Highway: Statute 091(2) in Florida makes it illegal for mopeds to operate on the highways due to their lower speeds. If a moped rider illegally enters the highway and is hit by a speeding car, both parties could be deemed at fault: the moped for being on the highway and the car for unsafe driving behavior.
  • Driving Under the Influence: When both a moped rider and a vehicle driver are under the influence of alcohol or drugs, their impaired decision-making and reaction times can cause a crash. In this case, both would share fault due to their decision to drive while impaired, contributing to the accident.
  • Ignoring Traffic Laws: If a moped rider runs a red light while a vehicle driver is illegally speeding through an intersection, both disobeyed traffic laws. Their violations could lead to shared liability if a serious crash injures them or their passengers.
  • Aggressive Driving: A moped rider and a vehicle driver exhibiting aggressive behavior, such as tailgating, weaving through traffic, or making unsafe lane changes, can escalate into a crash. For instance, lane-splitting is illegal in Florida; if the moped was riding in between lanes and was hit by a driver who didn’t check their blind spots, they could both be liable.

Moped riders and drivers could also share liability for any combination of the above negligent behavior: for example, if the moped rider was distracted but the driver was speeding.

Importance of Strong Evidence to Maximize Compensation

If you were involved in a crash with a car driver while riding a moped, working with an experienced lawyer is critical. Our team at Aigen Injury Law can help you minimize liability with evidence showing the other driver’s actions caused the crash. This can include proof such as:

  • Police reports indicating the car driver’s negligence or violation of traffic laws.
  • Traffic camera footage that directly shows the car driver’s reckless actions or violations leading up to the crash.
  • Eyewitness statements recounting the car driver’s behavior that contributed to the accident.
  • Expert testimony from accident reconstruction specialists who can argue the car driver’s role in causing the crash.
  • Cell phone records proving the car driver was distracted, such as texting or calling, right before the collision.

Aigen Injury Law Stands with Moped Riders

The experienced motorcycle accident lawyers at Aigen Injury Law are committed to defending the rights of all two-wheel vehicle operators in South Florida, including moped riders. We can help you understand your legal options, collect evidence, and sue for fair compensation under comparative fault rules.

Contact our team for a free consultation today, and let us help protect your rights!