Motor scooters offer light, fun transport, but it can be tough for these vehicles to get the space and respect they need from others on the road. A car collision with a motor scooter is a far greater threat to the rider than to the driver.
After an accident, scooter riders may struggle with insurance coverage. Cautious riders should keep a motorcycle accident attorney’s name readily available in case they become involved in one of the common Vespa/motor scooter accidents in Houston.
When involved in a crash in Houston, Vespa and scooter riders can face many of the same types of injuries as motorcyclists:
After an accident, you must seek medical attention as quickly as possible, even if you feel like you could walk away. Adrenaline conceals pain, and some injuries do not develop for hours, including potentially fatal brain traumas. Another crucial consideration is that you will need the doctor’s documentation. Without it, an insurance company could challenge your right to recover for your injuries.
A survivor’s damages, or compensation, will depend on the degree of responsibility they had for causing the incident. In Houston, a scooter rider can still claim damages if they shared some fault in the accident, but if they were at least 50 percent responsible, they lose their right to a claim. Texas Civil Practices & Remedies Code § 33.001 details this aspect of state law.
The law requires the court or jury to determine fault as a percentage. When a claimant has less than 50 percent of the fault, they have the right to damages, but the law reduces their claim by their percentage of responsibility.
Before any trial, insurance companies investigate the accident and determine the percentage of fault for their own use. This may or may not be an accurate assessment, as insurers are looking out for their company’s best interests. It is to their benefit to claim you were at fault.
Scooters and Vespas have specific classifications under state law based on their design. The classification controls the insurance requirements and which traffic laws apply.
State law may regulate a scooter as a:
Not every scooter is permitted in traffic, depending on the speed limit of the road and the ordinances of the town or city. Houston, for example, forbids micromobility (e-scooters) between 8 p.m. and 4 a.m. Motorcycles and mopeds must carry their own insurance, and motorcyclists need Class M licenses.
An insurance company will investigate the rider’s behavior when they make a claim, especially their compliance with traffic laws. Additionally, although helmets are not mandatory for all scooter riders in Houston, the insurer may blame survivors without helmets for their own injuries after a wreck.
At Fleming Law Accident & Injury Attorneys, our job is to shield our clients from insurance company pressure and help you navigate your claim. We investigate our clients’ accidents just as the insurers do, and we challenge denials and low offers.
There is no need to delay—you can reach us 24/7. Contact us today to learn more about legal action after Vespa/motor scooter accidents in Houston.
Fleming Law
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