At Lawville, we regularly handle claims for our clients who are struck by cars while they are travelling on mopeds and electric scooters. With Lime and Bird Scooters becoming more popular in the Louisville, Kentucky area, scooter accidents are becoming more common. “E-scooters can be a fun and useful way to get around, but they can also pose serious safety hazards,” says William Wallace, manager of safety policy at Consumer Reports. E-scooter riders, most of whom did not wear a helmet, were more likely to suffer from skull fractures and loss of consciousness.
Who’s at Fault?
Under Kentucky’s laws, a moped rider may entitled to recover for medical expenses, lost wages, pain and suffering, and other damages incurred when a negligent driver strikes a moped. One significant issue for moped riders is whether they can receive No Fault benefits. The answer turns on the size of the moped– mopeds under 50 cc’s are treated as bicycles under Kentucky law.
This means that riders of mopeds under 50 cc’s are entitled to the same benefits afforded to passengers in a car, even though they do not have insurance that specifically covers the moped. Under Kentucky’s No Fault laws, a moped rider on a smaller bike is actually treated as a pedestrian for the purposes of recovering No Fault benefits, which include medical expenses, prescriptions and wage loss, in addition to some other specified out of pocket expenses, up to $10,000. This coverage comes from the insurance for the vehicle that strikes the moped rider-whether or not the moped rider is at fault for the accident.
In a situation where the moped rider is not to blame for the accident, or only partially to blame, the injured rider has the opportunity to recover for pain and suffering and expenses over and above the $10,000 in No Fault benefits.
Call Us Today
If you have been injured by a negligent driver while riding a moped or scooter, we can help. Contact the Kentucky scooter injury lawyers today for a free initial consultation and learn your rights.