Smaller vehicles like Vespas and motor scooters can be a great way to explore New Mexico, but they do not offer much protection in an accident. Vespa/motor scooter accidents in Albuquerque can cause serious injuries, but smaller motor scooter riders may not have insurance coverage. If you have been in an accident, a knowledgeable attorney could help you understand your options for receiving compensation.
Many people use the terms moped, motor scooter, and Vespa interchangeably. The maximum speed of these vehicles will depend on the engine size, which is given in cubic centimeters (cc). In general, scooters have engine sizes that range from 50cc to 250cc. The bottom end of this range will usually be limited to 30 miles per hour, while the upper end can travel 70 miles per hour or more. Vespa is a company that makes scooters with a variety of engine sizes and maximum speeds.
Mopeds are typically smaller than motor scooters. New Mexico Statute Chapter 18 §66-1-4.11(E) defines a moped as a two or three-wheeled vehicle with an engine smaller than 50cc and a maximum speed of 30 miles per hour. Moped drivers need a valid driver’s license, but the state does not register mopeds, and most other motorcycle and general vehicle laws do not apply to them, including insurance requirements. An attorney in Albuquerque could help an injured motor scooter rider understand these distinctions after an accident.
If someone is injured in a Vespa collision in Albuquerque and someone else is responsible, the injured person can file a claim against the responsible person. New Mexico uses an at-fault vehicle insurance system, which means the injured person files a claim with the other driver’s insurance company. If the insurance company does not offer an acceptable payout, the injured person can choose to file a lawsuit. For a successful motor scooter accident case, the person responsible needs to have caused the accident by being negligent. The court considers whether the driver or motor scooter rider took the safety measures that a reasonable person would in the same situation.
Some factors specific to motor scooters and Vespas could affect how an accident case proceeds. First, mopeds and smaller scooters are not safe to drive on highways, larger roads, and roads with higher speed limits. If a moped driver is involved in an accident while driving on a road with a speed limit too high for the vehicle, the driver would likely be considered responsible for the accident. Driving a small scooter with a maximum speed of 30 miles per hour on a major highway would generally not be considered reasonable by a court or insurance company.
Unlike cars and motorcycles, moped drivers are not required to have insurance. If someone else is injured in an accident where the moped driver was at fault, getting compensation can be more difficult. Even if a court finds the moped driver liable and awards damages, the driver may not have the money to actually pay out that compensation if they do not have vehicle insurance.
Getting the compensation you need to pay your medical bills and other expenses can be difficult after Vespa/motor scooter accidents in Albuquerque. An experienced accident attorney could help you navigate the process. Discuss your case with the lawyers at New Mexico Accident Firm today.
