Defective Moped AttorneyDevices such as mopeds or scooters can be defective for a number reasons. A low speed vehicle has four wheels and can obtain a speed of up-to 1 MPH and not more than 25 MPH. Drivers of these low speed motor vehicles are afforded all the same benefits of regular motorist. A product is defective when it has a design defect, manufacturers defect or a labeling defect. A common type of labeling defect occurs when a the speed of the vehicle is not disclosed to the user of the product. In fact it is unlawful to sell a low-speed vehicle without properly disclosing the maximum speed of the vehicle and or its potential risks. Dealers must provide the purchased was is known as a disclosure statement. Failing to provide such information can be considered a inadequate warning label and a violation under Vehicle Code Section 21115. A moped can also be defective when they have a design or manufacturing defect. Design defects are those which apply to an inherent design issue. In these types of cases all products of a similar design are considered defective. This can be because they lack some needed design aspect. Manufacturing defects apply when there is a deviation from the prototype of the product. If the product that caused the injury is different from other similar products produced by the manufacturer it can be considered a manufacturing defect. Scooters or mopeds can be considered defective for a number of reasons. This can include defective parts, components, wheels, seats and motors. Defects can cause serious injuries if they cause the product to not function properly. If you have been injured you may be entitled to compensation for your injuries. Common defects include, defective or non-functioning brakes. In such cases the rider of the bike may suffer serious injuries. If the brakes on your moped or scooter fail to function you may have suffered considerable injuries. Speeds in excess of 7 MPH without proper protective gear can result in a serious injury. It is important that you obtain proper treatment to help better understand your injuries and their scope. Moped Accident Rights Motorized scooters are defined as a two-wheeled product, with handlebars, floor boards which can either be driven in a seated or standing position. Any individual operating such a device is granted all rights of any other driver. Below are list of common rights and regulation which apply to moped or scooter riders:
- Traffic laws are applicable to persons riding mopeds;
- Moped riders must ride while seated and facing forward, with legs inside of the vehicle;
- Moped operators are allowed to use a full lane of traffic;
- Moped riders are not permitted to split lanes or overtake other riders on the same lane of traffic;
- Passengers must be provided footrest;
- Moped passengers are required to follow certain guidelines which include the following: wear protective gear, have a helmet, proper eye protection, gloves, long pants, long sleeved shirt, leather or ankle boots and visible or reflective clothing.
Scooter Accident LiabilityLiability for your injuries can depend on a number of different factors. If you were the operator, a passenger or another vehicle you may have a claim. Also, if the injuries were a result of a defective product, your claim can be different. Defective product claims are different then standard injury claims. In a product liability claim for a defective moped or scooter you can sue all parties in the commercial chain. This includes retailers, wholesalers, distributors and manufacturers. Contact a product liability attorney at Downtown L.A. Law for a free consultation. Each type of injury is different and specialized areas of law can apply.
Common Injuries from Scooters and MopedsCommon injuries can include serious to moderate injuries. A list of some common injuries resulting from a moped or scooter injury are listed below:
- Traumatic brain injury;
- Broken wrist;
- Damaged hand;
- Dental damage;
- Optical damage;
- Neck injuries;
- Spine injuries;
- Broken leg;
- Broken tibia;
- Hip injuries;
- Forearm injuries; and
- Nerve damage.