Have you sustained injuries in a scooter or moped accident in Massachusetts? You might be dealing with more than just physical injuries. Medical bills, missed work, and the uncertainty of how to pay for everything can feel overwhelming. You may wonder whether Massachusetts law protects you and will allow you to get compensation for your injuries.
In addition to consulting a Massachusetts personal injury lawyer, understanding how scooter and moped laws work here can help you make informed decisions about your next steps.
In this guide, we’ll break down the laws you need to know and explain how they impact your ability to recover damages after an accident.
Can You Recover Compensation After a Scooter or Moped Accident in Massachusetts?
Yes, you can recover compensation for injuries sustained in a scooter or moped accident in Massachusetts. However, the process works a little differently than for car accidents.
Unlike car accident victims, Massachusetts’ no-fault (Personal Injury Protection or “PIP”) insurance system typically doesn’t cover scooter and moped riders. Thus, you usually must pursue compensation directly from the person or party who caused the accident.
To succeed in a personal injury claim, you must show that another party’s negligence led to your injuries. For example, suppose a driver failed to yield the right of way, or a local government failed to fix a hazard. You could hold either party liable.
Massachusetts follows a modified comparative negligence rule, meaning you can still recover compensation even if you were partially at fault as long as you were less than 51% responsible. However, the court will reduce your compensation proportionate to your percentage of fault.
What Compensation Can I Recover?
Compensation in a scooter or moped accident case may include:
- Medical expenses (past and future)
- Lost income and diminished earning capacity
- Pain and suffering
- Emotional distress
- Repair bills
Because medical bills and financial stress often pile up after an accident, it’s important to understand that you have legal options to seek relief. Consulting with a personal injury attorney can help you fight for the compensation you deserve.
What Are Massachusetts’s Laws for Scooters and Mopeds?
Massachusetts law treats scooters and mopeds differently based on their structure and how fast they travel. While you must obey all traffic laws, there are also specific regulations for scooters and mopeds. Knowing which rules apply to your vehicle is crucial for safe riding and protecting your legal rights after an accident.
Mopeds vs. Scooters: What’s the Difference?
- Mopeds (officially called “motorized bicycles”) are two- or three-wheeled vehicles with an automatic transmission and a top speed of no more than 30 miles per hour.
- Motorized scooters are typically small, stand-up vehicles with smaller engines. If a scooter can exceed 20 miles per hour or has more than 2 horsepower, state law could classify it differently.
Licensing and Registration Requirements
- Owners must register mopeds with the Massachusetts Registry of Motor Vehicles (RMV).
- Riders must have a valid driver’s license or learner’s permit (a Class D license is sufficient).
- Some scooters may be exempt from registration requirements if they meet specific speed and horsepower limits, but others require registration and a motorcycle license.
- Depending on their classification, owners might need to purchase insurance for registered mopeds and scooters.
Helmet Laws
Massachusetts has a mandatory helmet law requiring all riders and passengers on scooters and mopeds to always wear a US Department of Transportation-approved safety helmet regardless of age or experience.
Failure to wear a safety helmet increases the risk of catastrophic injury and could negatively affect a personal injury claim.
Age Restrictions
Riders must be at least 16 years old to operate a moped or scooter in Massachusetts legally.
Where You Can (and Can’t) Ride
Massachusetts law allows mopeds and scooters on most public roadways, but they must stay on the right side of the lane when possible. Moreover:
- Bike lanes: Mopeds cannot travel in bicycle lanes or bike paths.
- Sidewalks: State law prohibits riding either scooters or mopeds on sidewalks.
- Highways and major roads: Riders cannot operate mopeds and scooters on limited access or express state highways where minimum speed limits exceed their capabilities.
Speed Limits
Operators must not exceed 25 mph when riding a moped on public roadways. Speeding can lead to fines and may impact liability in an accident claim.
What Insurance Covers Your Injuries?
After a scooter or moped accident, many people are surprised to learn that standard auto insurance may not automatically cover their injuries. Understanding what insurance options are available in Massachusetts can significantly affect how you pay for medical treatment and other expenses and recover lost income.
Auto Insurance Coverage
- PIP coverage, which typically pays for medical bills and lost wages after a car accident, usually does not apply to scooter or moped riders unless the owner registers it as a motor vehicle and insures it under an auto policy.
- If you properly registered and insured your scooter or moped (e.g., a moped could be treated similarly to a motorcycle), you might have limited PIP or MedPay benefits available through your policy.
Scooter and Moped Insurance
Some riders carry specialized scooter or moped insurance policies that include:
- Liability coverage (if you injure someone else)
- Collision coverage (for damage to your scooter or moped)
- Medical payment coverage (to help pay your medical bills)
A motorcycle insurance policy that covers mopeds or scooters could also help with your expenses.
Uninsured/Underinsured Motorist (UM/UIM) Coverage
If the at-fault driver does not have enough coverage under their policy or has not purchased insurance, UM/UIM coverage could step in. Massachusetts auto policies often include this coverage and can help you recover compensation even if the person who hits you can’t pay.
What Happens if No Insurance Policy Applies to Your Situation?
If you don’t have any applicable insurance, you could still pursue a personal injury lawsuit directly against the at-fault party to recover damages. However, collecting money from an individual can sometimes prove challenging, so finding all possible insurance sources is essential.
How a Massachusetts Personal Injury Lawyer Can Help After a Scooter or Moped Accident
Recovering from a scooter or moped accident is challenging enough without trying to navigate the legal system alone. An experienced personal injury lawyer can guide you through every step of the process—from investigating the accident and gathering critical evidence to determine liability and calculate the complete value of your claim to negotiating with insurance companies and taking your case to court if needed.
The Massachusetts personal injury attorneys at Ged Lawyers offer free consultations and work on a contingency fee basis, meaning you don’t pay unless they recover money for you.
If you or a loved one suffered injuries in a scooter or moped accident, don’t wait. Talking to a lawyer could give you the clarity and confidence you need to move forward. Please contact our legal team today.
