A motorcycle and a scooter are both two-wheeled motorized vehicles. In an accident case, are the laws involving each similar?
Yes. The only real difference is that scooters under a particular size cannot ride on the freeway, whereas motorcycles can. Otherwise, the laws are essentially the same for both motorcycles and scooters.
How do motorcycle accident cases differ from other two-wheel vehicle accidents – bicycle and scooter accidents – as far as the law is concerned?
The law covers motorcycles and scooters pretty much the same. A bicycle is also considered a vehicle for legal purposes, although there is not a license requirement to ride a bike. The rider must comply with all the rules that other vehicles on the road obey.
Two-wheeled versus four-wheeled accidents are different because of the physics of what makes a two-wheeled vehicle stop, turn, brake, and so forth. The laws of physics are universal; however, the reconstruction of the accident is done differently than with a four-wheeled vehicle.
There are also specific laws requiring the 2-wheeled vehicle to ride close to the right edge of the road. On a motorcycle or a scooter, the rider can ride in any lane they desire. On the other hand, cars are going to object if a single bicycle is taking up a whole lane. So, by law, the bicycle is required to ride to the right. There are also laws protecting bicycles which state where they are allowed that no other motorized traffic can go, for example bicycle-specific lanes.
There are also different laws for helmets for each of the vehicles.
Can you provide a brief overview of bicycle helmet laws in
Motorcycles and scooters must wear a Department of Transportation (DOT) approved helmet. If you are over 18, you do not need wear a helmet at all.
On a bicycle, while it is a good idea to wear a bike helmet, if you are 18 or older, it is not required. However, a minor must wear an approved helmet.
Can a cyclist or biker recover damages if the motorist never hit them? In other words, if they cause the accident but there was no actual physical contact.
Yes, that happens all the time. For example a somewhat inexperienced rider can easily lock up the brakes and fall down causing an accident. Other times, this can happen to a more experienced rider because the rider is trying to avoid the accident. If the car’s driver starts the chain of events, then the car’s driver is responsible for the result.
If you or a loved one has been injured in a two-wheeled vehicle accident, contact our
