Vespa/Motor Scooter Accidents in Banning
Motor scooters can be excellent forms of transportation for their gas efficiency and ability to fit in small areas. However, these advantages can also make Vespas and other types of scooters more susceptible to accidents, placing riders in vulnerable positions for serious injury.
The experienced motorcycle collision attorneys at Walter Clark Legal Group could help you or a loved one pursue legal claims against those at fault for a Vespa/motor scooter accident in Banning.
How Vespa Crashes Happen and Investigating Fault
Depending on their type and other specifications, Vespas, motor scooters, and similar vehicles can have various requirements under California state law. For example, some motorcycles can be driven with a standard Class C License, while others may require a special motorcycle (M1) License. The driver of a motor scooter is responsible for knowing where they can legally operate a scooter and the other requirements they must meet. Likewise, other motor vehicle drivers have a duty to safely share the road with motor scooter riders.
Common causes of motor scooter accidents in Banning and other parts of Southern California include:
- Speeding
- Mechanical failures
- Distracted driving
- Driving while intoxicated
- Failing to check blind spots
- Not yielding to traffic with the right of way
Moped accidents often happen quickly and with little notice to the involved drivers, making it difficult to determine fault immediately following a collision or incident. The proactive lawyers at Walter Clark Legal Group may be able to further investigate the potential causes of an accident to properly determine fault and responsibility for injuries under the laws of California. For example, they could review police reports, traffic camera footage, and witness testimony to identify those with fault and establish liability for related damages.
Establishing Liability for a Motor Scooter Injury
The party at fault for causing a Vespa crash in Banning could be liable for the sustained injuries and damages of others. This liability usually requires showing that the party acted negligently—such as by violating California’s traffic laws—and that those actions were a direct cause of the accident. California Jury Instruction CACI No. 400 explains the factual elements an injured person must prove to obtain a judgment against a negligent party.
Does California Limit the Damages an Injured Scooter Rider or Driver Could Claim?
Two things could limit the damages available to a person injured in a moped wreck in Banning. The first is California’s comparative fault rule, which reduces an injured individual’s overall damages by their percentage of fault for causing an accident. For example, an injured motor scooter rider who failed to yield to oncoming traffic and was hit by a speeding vehicle may have to deal with issues of comparative fault. Second, California’s Prop 13 prohibits underinsured motorists from claiming non-economic damages.
How Long Do Victims Have to File a Lawsuit?
California has a two-year statute of limitations for personal injury and wrongful death lawsuits. This two-year filing deadline would generally apply to a victim of a motor scooter accident in Banning and would begin to run on the date of the incident. Failing to file within the statute of limitation period can force a court to dismiss a case and prevent the recovery of compensation.
Contact a Banning Lawyer After a Vespa/Motor Scooter Crash
The well-practiced attorneys at Walter Clark Legal Group understand the complexities of personal injury cases involving motor scooters and are proud to serve the Banning community.
If you or a loved one were recently injured in a Vespa/motor scooter accident in Banning, schedule a free consultation with our legal team for help pursuing a claim for damages in court or settlement. Contact us today.
