moped accident attorneys in maui
Moped Accidents in Maui
Lowenthal & Lowenthal moped accident attorneys in Maui help riders seeking compensation for injuries sustained in negligently caused accidents.
Mopeds are fun to ride, especially on Maui. But, accidents involving mopeds with cars, trucks, and other larger vehicles often result in serious injuries. That’s because mopeds offer no protection.
According to the Motorcycle Legal Foundation, a moped (classified as a motor scooter) is more dangerous than a motorcycle. That’s because of less visibility, smaller wheels, and lack of safety gear like a helmet or proper jacket.
Yet, mopeds enjoy great popularity in Maui. Tourists, visitors, and many residents find them convenient for getting around on the island.
Let us explain what to do in case you get involved in an accident in Maui while riding a moped.
moped accident lawyers in maui
We’re a family-owned Maui law firm with over 40 years practicing law in Hawaii. Lowenthal & Lowenthal offers our moped accident clients compassion, excellence, and commitment.
Moped accidents in Maui often result in serious injury and even death. A moped offers little protection when colliding with a larger vehicle.
The Insurance Information Institute finds mopeds vulnerable to hazardous weather and road conditions than passenger cars. Mopeds are less visible to other vehicles and less stable than four-wheel vehicles.
The National Highway Traffic Safety Administration (NHTSA) found that motorcyclists are 27 times more likely to die in a crash than passenger car occupants.
The State of Hawaii Department of Health issued a notice about the moped safety laws. Helmets with a chin strap are required by all moped drivers. Passengers are also prohibited from riding on mopeds.
different types of moped accidents
Potholes and defective road surfaces create havoc for mopeds and lead to moped accident injuries. Cars and trucks easily pass over them. But, a moped faces peril when going over them.
Why do these hazardous conditions exist? Usually, the local government failed to maintain road surface conditions. Liability often falls upon the local government who may blame the contractor for using defective materials. Both may end up paying for the moped rider’s injuries.
Roads and sidewalks need maintenance and repairs. Construction workers sometimes fail to post adequate warning signs before the project. Other times workers fail to display colored cones or road tape to isolate the construction site from passing motorists.
Unsafe construction site accidents creates liability for the construction workers, their company, and the employing government agency.
Other vehicle drivers cause moped accidents in Maui because of alcohol or drug intoxication. Not only do they commit vehicle crimes but they also become liable for all the injuries they cause.
Mandatory vehicle insurance covers these types of accidents and injuries to others. Also, inattentive driving for any reason creates a negligent driving personal injury claim. Their insurance companies pay for their negligence.
Speeding also causes moped accidents in Maui. High speed creates little time to react when a small moped comes into a speeding driver’s vision.
Also, poor car driving involves quickly changing lanes without signaling and not seeing a little moped until it’s too late.
Moped drivers in Maui don’t have windshields and wipers like cars and trucks. Heavy rain creates unsafe conditions for mopeds. But, no liability exists as these situations naturally occur.
According to the Motorcycle Legal Foundation, mopeds get into accidents for three reasons:
Less Visibility – A moped is the smallest vehicle in traffic. It’s difficult enough to see a motorcycle in traffic. A moped becomes even more difficult to see putting them in extra danger in heavy traffic.
Smaller Wheels – Mopeds with smaller wheels than motorcycles become less stable on the road. They get “less gyroscopic effect” (what’s needed to remain upright). They are also more vulnerable to small road hazards like debris, potholes, and bumps.
Lack of Gear – Moped riders don’t wear proper safety gear like proper jackets and protective footwear. Hawaii law requires moped drivers to wear a helmet with a chin strap. Besides a helmet, drivers often only wear a shirt, shorts, and sandals or thongs.
what to do after a moped accident in maui
Our attorneys in Maui can help you with making claims against everyone negligently involved with the cause of your moped accident. After you get involved with a moped accident in Maui you need to do certain things to help yourself and your claim. Our attorneys in Maui can help you with making claims against everyone negligently involved with the cause of your accident. After you get involved with a moped accident in Maui you need to do certain things to help yourself and your claim.
Call 911 or the local police when able to safely do so. The police will arrive to evaluate the accident scene, talk to witnesses, gather evidence, and issue an accident report.
The accident report summarizes how the accident occurred. Also, it makes an initial opinion about liability.
Before the police arrive becomes a good time for you to gather important evidence. Take photos of the accident scene and damage to your moped and the other vehicle. Also, take photos of the condition of the road and if any posted warning signs.
Talk to the witnesses and write down their full names and contact information. The same goes for the other driver including insurance information.
You never know when your photos may contradict what the other driver claims or refresh the memory of witness’s months later.
After calling 911 or the local police expect an ambulance with medics to arrive. Allow them to make a preliminary examination of your injuries. Follow their recommendations including getting into the ambulance to a hospital.
Expect your body in shock will cause your adrenaline to block out the pain. Stay calm.
At the hospital inform the nurses and the doctors about every pain you feel. Let them take x-rays and give you a complete medical exam. Accept all prescriptions they provide you.
After leaving the hospital attend every follow-up treatment and therapy session. Get your prescriptions refilled. Keep up with the treatment plan until fully recovered.
Our attorneys in Maui can help you with making claims against everyone negligently involved with the cause of your moped, motorcycle or bicycle accident. After you get involved with a motorcycle, bike or moped accident in Maui you need to do certain things to help yourself and your claim.
what are personal injury protection benefits for moped accidents?
Hawaii is a “No-Fault” insurance state. This means after your moped accident in Maui the other driver’s insurance coverage will cover you for Personal Injury Protection (PIP) benefits. This includes a minimum PIP of $10,000 for your medical expenses related to injuries from the moped accident.
If the PIP insurance policy limits can’t cover all your medical expenses, then your personal health insurance will cover the remainder. If you do not have personal health insurance, Hawaii has QUEST Medicaid for those who qualify.
Contact us for a Free Consultation at no-cost and no-obligation.
starting the moped accident insurance claim process
tips to stay safe and avoid moped accidents
- Wear a helmet and protective gear at all times.
- Obey all traffic laws and road safety. Review the specific laws regarding moped use on Maui.
- Avoid riding your moped after dark to avoid careless or drunk drivers.
- Never ride your moped under the influence of any alcohol or drugs.
- Moped and motorcycle accidents on Maui can often be prevented if you make sure drivers can easily see you in traffic.
- Turn on the headlights during daytime as well and wear reflective gear while on the road.
If you are unfortunate enough to be in a moped accident, contact us right away so we can make sure that your rights are preserved.
Schedule a consultation to discuss your case with one of our attorneys.
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The information presented on this website is for information purposes only and should not be used as a basis of legal advise or guidance. Using this website does not create an attorney-client relationship. Please contact us to see whether we are able to represent you.