Mopeds are increasing in popularity. Unfortunately, moped accidents in Michigan can be catastrophic and life changing. The Michigan moped accident lawyers at the Lee Steinberg Law Firm, P.C. handle moped and e-bike accidents all over the state. Mopeds must be treated like in much the same way as a car under the law. And moped accident victims can recover much of the same benefits and compensation.
Moped Riders Must Also Follow the Rules of the Road
Just like a car or truck, a moped must follow the rules of the road. In fact, by law a moped operator is subject to all of the duties applicable to an operator of a vehicle.
This means moped drivers must follow all yield signs, stop signs, red lights, speed limits and passing lanes. Even though moped drivers are subject to more risk than a truck driver, they are not given any more protections or special treatment under the law.
A Michigan moped accident lawyer who specializes in moped crashes can evaluate and investigate a case for you. It is important to collect as many facts surrounding the moped crash as quickly as possible. Obtaining witness statements, photos and videos of the scene and hiring an accident reconstruction expert can make all the difference.
There is a specific definition for a moped under Michigan law.
(1) A moped means a 2- or 3-wheeled vehicle to which both of the following apply:
(a) It is equipped with a motor that does not exceed 100 cubic centimeters piston displacement and cannot propel the vehicle at a speed greater than 30 miles per hour on a level surface.
(b) Its power drive system does not require the operator to shift gears.
(2) Moped does not include an electric bicycle.
In addition, under the law a motorcycle is not considered a moped. Because mopeds are not considered a motor vehicle or a motorcycle, moped users are not required to get special driver’s licenses or permits. However, moped drivers must still follow the rules of the road and obey traffic laws.
There are numerous potential responsible parties or defendants following a moped crash. First, the moped driver has to prove negligence. This mean proving the other vehicle – like a car or truck – was at least 50% at-fault for causing the accident. As for defendants, they can include:
- The driver of the at-fault vehicle
- The owner of the at-fault vehicle
- The company that owns the at-fault vehicle
- The employer of the driver operating the vehicle
- The manufacturer of the vehicle
- Other parties involved in causing the crash
Because of the complexity of these moped crashes, it is important to contact a great Michigan moped accident lawyer. The lawyer or law firm should be able to walk you though the steps of filing a claim for compensation and starting a case.
In cases involving a moped or an electronic bike, if a car or truck was involved in the accident, then a Michigan no-fault auto insurance company must pay the medical bills. Because Michigan is a no-fault state, this is true even if the moped driver caused the crash.
The correct auto insurance carrier responsible for paying the medical bills, or first-party benefits, depends on a number of factors. In general, your own auto insurance carrier must pay the medical bills, even if your own car was not involved in the crash.
If you do not have any auto insurance, then the car insurance of a relative – like a spouse, parent, child or aunt – that you live with must pay the medical bills. If there is no auto insurance in the household, then the moped driver must file a claim through the Michigan Assigned Claims Plan (MACP). This is done by completing an Application for Benefits and providing the MACP with certain paperwork.
If a car or truck was not involved in the accident, the health insurance of the injured moped driver or passenger must pay the medical bills.
What is also important to understand is that the at-fault driver is not responsible for paying any of the medical bills unless there is no first-party claim, or all PIP benefits have been used up. Only then does the at-fault driver pay for medical bills from moped crash in Michigan.
Moped accidents are similar to regular car accidents. The amount of money an injured moped driver can get depends on the severity of the injuries, the amount of insurance coverage, the skill of the lawyer you hire, and liability. Besides getting medical bills paid, money for moped accident victims include:
- Lost wages
- Rehabilitation expenses
- Surgery bills
- Pain and suffering
- Scarring and disfigurement
- Road rash
- Payment for future medical expenses
Getting full compensation and justice due to the negligence is our goal. Our team of Michigan moped accident injury lawyers have helped recovery millions for our clients.
Michigan Moped and Motorized Bike Accident Lawyers – FAQs
The following are some basic frequently asked questions about moped laws in Michigan. Remember, mopeds are treated in much the same way as a bicycle or motorcycle. The driver must obey all traffic rules. Moped drivers are not given any special treatment.
Do I Need a Moped License?
Unlike a car, truck, or motorcycle, in Michigan a certificate of title is not required for a moped. In addition, a person with a normal driver’s license or operator’s license does not need a moped license. However, a special restricted license to operate a moped is required for a person 15 years-old or older, or an individual without a valid operator’s license.
There is no required road test before the Secretary of State issues a special restricted license to operate a moped.
Does a Moped Rider Have to Wear a Helmet?
It depends. All moped riders 18 years-old or younger operating a moped on a public road must wear a helmet. Individuals older than 18 years-old are not required by law to wear a helmet. However, it is strongly encouraged given the horrible accidents moped drivers can experience.
Can Moped Riders Drive on All Roads?
No. Any person operating a moped that has less than 125 cc (cubic centimeter) engine is not permitted on a limited access highway in Michigan. In other words, if you are riding a moped stay on residential streets.
Do Mopeds Require Head Lamps and Lighting?
All mopeds must have at least one head lamp. No moped can have more than two head lamps and they must modulate at the same rate. The head lamp must be of sufficient intensity to reveal a vehicle or person at least 100 feet away.
Can a Moped or Motorized Bike Rider Get a Ticket for a Noise Violation
Yes. In fact, a moped that can exceed 35 mph cannot have total noise exceeding 86 decibels. A ticket for up to $100 can be given.
Lee Steinberg Law Firm: Contact Our Michigan Moped Accident Lawyers for Answers
Moped accidents can result in horrible injuries. From broken bones, to scarring to head injuries, the Michigan moped accident lawyers at the Lee Steinberg Law Firm, P.C. work to get the most money for our clients. We explain the process, provide constant updates and answer any questions our clients have.
Most importantly, we do charge anything until we get the case settled. Call us at 1-800-LEE-FREE (1-800-533-3733) for a free phone consultation.