When you live in paradise, you try to take advantage of Hawaiʻi’s natural beauty whenever you can. That may even include getting around Honolulu on a moped or scooter instead of in a car or truck. While riding a moped is both fun and convenient, it can also be incredibly dangerous.
Unfortunately, other vehicles on the road don’t always respect the rights of moped and scooter drivers, which can lead to serious accidents. If you have been hurt in a moped accident, you may be able to file a lawsuit against the at-fault driver. Our Honolulu personal injury lawyers will fight to get you full compensation for your property damage, medical bills, lost wages, emotional trauma, and other losses.
Based in Honolulu, Miyashita & O’Steen advocates for accident victims throughout Hawaiʻi. We offer free initial consultations and never charge a fee unless we recover money for you. Reach out to our law firm today to schedule an appointment with a Honolulu moped and scooter accident attorney..
Why Moped and Scooter Crashes Can Be So Serious
In Hawaiʻi, it is legal to operate a moped or scooter if you have a valid driver’s license and the vehicle is appropriately registered. A moped is defined as a vehicle with 2 or 3 wheels with a maximum of a two-horsepower engine and a top speed of 30 miles per hour (mph). Even if a moped has room for more than one person on its seat, legally it can carry only one person.
If a moped is capable of speeds of over 30 mph, then it is considered a motor scooter. Scooters have different licensing requirements and require insurance. Privately-owned mopeds do not have to be insured. Both mopeds and scooters must be registered with the state.
Mopeds and scooters can be a great way to get to where you need to go. They are less expensive than a car, and it’s typically much easier to find parking for a moped or scooter. That being said, they aren’t without danger.
If a moped is capable of speeds of over 30 mph, then it is considered a motor scooter. Scooters have different licensing requirements and require insurance. Privately-owned mopeds do not have to be insured. Both mopeds and scooters must be registered with the state.
Both mopeds and scooters are operated on the same streets and roads as other motor vehicles. Being relatively small in size, they are less visible to cars, trucks, and SUVs compared to other types of vehicles. This increases the risk of a crash because drivers on the road may not see or pay attention to a moped or scooter on the road.
There are many potential causes of moped or scooter crashes. This includes:
- Driver inexperience, particularly because mopeds do not require a special driver’s license
- Driver inattention, especially because mopeds and scooters are smaller and less visible than other vehicles, making them more difficult for other drivers to see
- Distracted driving
- Driving under the influence
- Speeding
- Aggressive driving
- Dangerous road conditions
Whatever the cause may be, moped and scooter accidents have the potential to cause serious or even fatal injuries. Drivers of mopeds and scooters simply have less protection than occupants of a motor vehicle. This can lead to injuries ranging from minor to severe and catastrophic, such as:
- Broken bones
- Head injuries, including traumatic brain injury (TBI), skull fractures, brain bleeds, and concussions
- Spinal cord injuries, including paralysis
- Road rash, bruises, and sprains
- Joint and ligament injuries
- Severed extremities
- Neck and back injuries
In some cases, moped and scooter accidents can even result in death.
If you have been hurt in a moped or scooter accident in Honolulu, you may be able to file a lawsuit against the at-fault driver. Our Honolulu moped accident lawyers will fight to get you the compensation that you deserve for your losses.
What Should You Do If You Are in a Moped Crash in Honolulu?
In the immediate aftermath of a moped or scooter accident, you might not know exactly what to do. If you are able to do so, taking the following steps can be incredibly helpful if you end up pursuing legal action against the at-fault driver.
The single most important thing that you can and should do after a moped or scooter crash is to seek medical attention. Even if you don’t think that you are seriously hurt, being struck by a motor vehicle can cause major injuries. In some cases, these injuries won’t be immediately apparent, especially if you are in a state of shock.
Getting medical treatment is the best way to make sure that you get the right diagnosis and the proper care. It can also help to strengthen your potential claim. When you are seen by a doctor shortly after a moped/scooter accident, there is a clear link between the accident and your injuries.
While you are still at the accident scene, you should try to gather information if you can. Take photos and videos of the accident scene, including the surrounding areas, the state of the vehicles involved, and your injuries. You should also get the names and contact information for the at-fault driver and any witnesses to the crash.
Do not admit fault or apologize when you are talking to the at-fault driver. This can undermine your case and make it harder to get the compensation that you deserve. Similarly, if an insurance adjuster contacts you, do not give them a statement or sign any paperwork.
Instead, you should schedule a free consultation with a Honolulu scooter accident attorney. Your lawyer will listen to your story and offer you advice on your legal rights and options. They can also handle all communications with the insurance company for you, protecting your rights while they fight to get you maximum compensation for your injuries.
Filing a Lawsuit for a Moped or Scooter Accident in Honolulu
Most personal injury claims are based on a theory of negligence, which is a type of carelessness. For example, if a person changes lanes without looking and hits a moped, that would be considered negligent. Personal injury lawsuits can also be based on intentional or reckless conduct, like driving under the influence.
The injury victim (plaintiff) has the burden of proving that the at-fault party (defendant) was responsible for the crash. For a negligence claim, this involves introducing evidence of the following elements:
- Duty: The defendant owed the plaintiff a duty to use reasonable care.
- Breach: The defendant violated that duty in some way.
- Causation: This violation was the cause of the accident.
- Damages: The plaintiff suffered losses.
For example, consider a situation where the driver of a truck turns left onto a street without checking to make sure that the road is clear and hits a man driving a scooter. Here, the truck driver had a duty to use reasonable care by making sure that it was safe to turn and failed to do so. The driver’s failure to look caused the crash, and the scooter operator was injured as a result.
The majority of personal injury claims, including those related to moped and scooter accidents, are resolved outside of court. Our law firm will thoroughly investigate the facts of your case while researching Hawaiʻi law to build the strongest possible claim for compensation. We will then work to negotiate a settlement for you with the at-fault driver’s insurance company.
If the insurance company refuses to offer a fair settlement, then we will take your case to court. At trial, we will introduce evidence, question witnesses, and make arguments before asking a jury to return a verdict in your favor. Our Honolulu moped and scooter accident attorneys won’t back down from a challenge and will work diligently to get you top dollar for your claim.
Compensation in a Hawaiʻi Moped/Scooter Accident Case
If you were hurt in a moped or scooter accident, you may be entitled to compensation from the at-fault driver. These claims are typically handled through the driver’s insurance company.
Most accident victims will recover two types of damages: economic and non-economic damages. Together, they are known as compensatory damages. In more unusual cases, you may also be entitled to punitive damages.
Economic damages pay for an accident victim’s direct financial losses. They may include money for property damage, lost wages, reduced earning capacity, medical expenses, and future medical treatment. Depending on the specifics of your case, economic damages may pay for other losses, such as the need to renovate your house to make it accessible.
Non-economic damages pay for your indirect losses. Examples include pain and suffering, loss of enjoyment of life, emotional distress, scarring, and disfigurement. Your loved ones may also recover money for loss of companionship if your injuries changed your relationship in a significant way.
Punitive damages are awarded in rare cases involving intentional or reckless conduct (such as drunk driving). The goal of punitive damages is to punish a wrongdoer instead of compensating an accident victim for their losses. Our Honolulu scooter and moped accident attorneys can advise you of your potential right to punitive damages based on the facts of your case.
Finally, if your loved one was killed in a moped or scooter accident, the surviving family members may be able to pursue a wrongful death claim. Damages in wrongful death cases are a bit different. They may include money for medical expenses, funeral and burial costs, lost wages, and the family’s loss of the companionship and services of the deceased person.
As skilled Hawaiʻi personal injury lawyers, our law offices are adept at negotiating fair settlements for our clients. If you have been hurt in a moped or scooter accident in Honolulu, reach out today for a free consultation.
Help for Honolulu Moped and Scooter Accident Victims
Mopeds and scooters are a convenient way to get around Honolulu, but they can also be dangerous. This is particularly true when it comes to being on the road with other drivers. If you have been hurt in a moped or scooter accident in Hawaiʻi, our law firm will fight to get you maximum compensation for your injuries.
At Miyashita & O’Steen, we zealously advocate for clients who have been hurt in moped/scooter accidents, car accidents, recreation accidents, pedestrian accidents, and other types of accidents. We won’t back down until we get you the money that you deserve for your injuries. To learn more or to schedule a free consultation with a Honolulu moped and scooter accident lawyer, give us a call at 808-300-0068 or fill out our online contact form.