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What To Do If You Have A Moped Accident In Florida?


In recent years, mopeds have had a resurgence in popularity in Florida. They are inexpensive, easy to fix, and are a fun commute in the sunny Jacksonville weather. However, like motorcycles, they face higher accident risks than motorists in other vehicles. If you’ve been in a moped accident and have been injured, you may not know what to do next. Fortunately, , Goldman, Babboni, Fernandez, & Walsh is here to help. Here’s everything you need to know:

What Are The Insurance Requirements For Mopeds?

Though moped riders are required to register the vehicle and have a valid Class E license, mopeds are not required to carry insurance in the state of Florida. So if you’ve been in an accident, it is hard to know what to do because you will not file a standard insurance claim. Without insurance, you may be left to pay for any property damage or medical bills on your own.

Proving Negligence In Moped Accidents

Without insurance, your best bet for getting compensation for your injuries after a moped accident is to prove negligence from the other driver. In that case their insurance will have to pay for your injuries. Here is what you will need to do to prove negligence:

1. Breach of Duty of Care: In the state of Florida, drivers are legally obligated to operate a vehicle without causing harm to another person. To prove that there is a breach of their duty of care, you must show that they did something that like disobeyed a traffic law, consumed alcohol, or any other act of negligence.

2. Causation: You will then have to prove that their breach of duty of care caused the accident. There are two ways to prove this. The first is actual causation. For example, if the driver runs a stoplight and hits the driver, there is actual causation. The second is proximate causation, meaning their actions indirectly lead to the accident. For example, if a driver runs a traffic light and the moped swerves and crashes into a pole, then their actions indirectly caused the accident. Both forms of causation hold up in a liability case.

3. Damages: Finally, plaintiff has to show that there are damages through medical records and property damage receipts. The plaintiff also has to prove that the damages are the result of the accident.

What Damages Are Available To Moped Drivers

If a moped rider can prove negligence on the part of the other motorist, they may be able to collect the following damages:

  • Medical expenses including pharmaceutical and physical therapy expenses
  • Pain and suffering
  • Lost wages as a result of the injuries
  • Property damage

If the injuries are severe enough, the plaintiff may be able to receive loss of earning capacity and loss of quality of life. In any case, the damages awarded depend entirely on the circumstances of the injury.

What To Do If You’re In A Moped Accident

With the complexities of Florida law, dealing with insurance companies, and trying to prove negligence, the best thing you can do after a moped accident is hire a qualified personal injury attorney to help you settle your case. At , Goldman, Babboni, Fernandez, & Walsh, we have over 150 years combined experience helping motorists in Florida, including moped riders. So if you’ve been injured in a moped accident, contact us today to see if we can help. Moped injury cases are much more difficult to manage than typical accidents, so you will need the support of a knowledgeable attorney to prove negligence and receive a fair settlement for your damages.

Attorney David Goldman has a strong belief that everyone should be treated fairly and those with the means should do what they can to bring justice in all areas of our society. That belief has led him to help Florida's injured from being taken advantage of by corporations and insurance companies. Since 1989 David Goldman has been fighting for the rights of Floridians both as an attorney and by personally supporting our community.

What To Do If You Have A Moped Accident In Florida?

Goldman Babboni Fernandez
Murphy & Walsh




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