Cape Cod Moped Accident Lawyer

Moped accidents on Cape Cod happen more and more often in recent years as economical vehicles continue to grow in popularity.

The Massachusetts state legal documentation calls them “motorized bicycles,” defined as lightweight, smaller vehicles powered either by a gas engine, electrical battery, or pedaling. Cape Cod moped owners say they are a fun way to get around town, easy to park, and inexpensive to maintain.

The unpleasant flip side is that they can also be truly dangerous. Moped crashes often result in serious injuries and even fatalities. When a moped driver has a collision, there is minimal protection between them and the concrete, other vehicles, and/or fixed objects.

In everyday language, “moped” and “scooter” are used to mean the same thing. It’s important to understand that they are looked at differently under Massachusetts law. Each has separate rules for registering, licensing, and even minimum insurance requirements.

A 6-year research study conducted by the National Institute of Health examined 5,660 moped accidents. Some of the key findings were:

• Over 90 percent of moped drivers didn’t have insurance
• Less than 17 percent wore helmets
• Fatality rates were highest when:
  • The moped was driving on an unpaved road
  • The moped was driving at higher speeds
  • It was dark, and the lighting was poor
  • Drugs and alcohol were involved

It’s helpful to know from these findings that exercising certain precautions can prevent many moped accidents.

Here at Snow Law Firm, we’ve seen firsthand how severely Cape Cod moped drivers can be injured in an accident. We’ve listened to them share their experience, and in return, we share their legal options with them. If they choose to pursue legal action, we know how to help.

On Cape Cod, uninsured moped operators, and their passengers can usually still collect damages from other negligent drivers. This is true even if the moped isn’t licensed or registered.

Our advice to moped drivers, however, is to do all three; register, maintain the license, and pay for adequate insurance. This isn’t just to avoid a traffic ticket; it makes a big difference in the event of an accident where the moped driver is found to be at fault.

Legal Moped Requirements on Cape Cod

• Automatic transmission only
• A maximum speed of 30 mph
• Must meet Federal Motor Vehicle Safety Standards
• Must have a unique Vehicle Identification Number
• Must have a license plate on the rear
• Must have a valid registration sticker on the moped
• Operators must be at least 16 years old
• Operators must have a license or learner’s permit
• Operators must follow all traffic regulations
• Must not travel faster than 25 mph
• Must not drive on freeways
• Must wear a helmet that meets minimum safety standards
• Any passenger must also wear such a helmet
• Not allowed on off-street recreational bike paths

There are two ways moped operators can operate their vehicles differently than other cars, trucks, and motorcycles.

• Mopeds can legally pass vehicles on the right
• Moped operators must make a hand signal when stopping or turning
• Mopeds can be driven in bicycle lanes

Another difference between mopeds and other motor vehicles is how much it costs to settle a citation. Moped fines cost a lot less:

• $25 for the first offense
• $25-$50 for a second offense
• $100 maximum for third and subsequent offenses

Accidents are where it can get costly.

Massachusetts Moped Insurance

On Cape Cod, mopeds are not required to have the same insurance as other vehicles. However, it’s wise to secure coverage, so you’re not liable for potentially massive financial responsibility in the event of a crash. We recommend insurance that pays if you are at fault. And we advise additional coverage in case the other person is not insured.

Moped insurance usually costs less than motorcycle insurance and provides about the same amount of protection. There are many insurance providers to choose from in Massachusetts.

Usually, moped insurance includes:

• Bodily injury and property damage liability. The word liability here means you are liable or at fault. It pays for damages to property and for injuries to other people. It can also cover your legal defense costs.
• Comprehensive coverage. If your moped is stolen, lost, or damaged, this coverage pays to make it right. There is usually a deductible to be met by you first.
• Uninsured/Underinsured motorist coverage). Like we talked about before, this pays if the other driver is at fault and has either no insurance or not enough insurance for all the damages.

When talking about who is at fault in a moped accident in Massachusetts, the law has something called a modified comparative fault law with a 51 percent bar.

This means you are entitled to a recovery for a moped injury as long as you aren’t more to blame for causing the crash than the other person.