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As defined by Texas statute, “mopeds” are motorized scooters that are powered by small gasoline engines or a self-propelled vehicle with up to three wheels, which is pedal-powered. 

If it has an engine, a moped’s cylinder capacity should be less than 50 cubic centimeters, and if it uses electricity as its power source, it should operate on less than 4,476 watts of electricity. 

You Can’t Operate a Moped in Texas Without a License

You’ll need to get a standard driver’s license to drive a moped in Texas. Unlike a motorcycle, this form of transport does not need a special class of license. If you want to drive a moped on the public roadway, you’ll need to register it. You’ll also need to buy insurance.

You Don’t Need to Wear a Helmet – Although It’s Not Advised

Anyone at least 18 years of age does not have to wear a helmet when riding a moped. While major safety organizations, such as the National Highway Traffic Safety Administration (NHTSA), advise riders to wear helmets, the law is much more lenient. However, if you want to avoid a serious head injury, you should make wearing a helmet a practice.

Mopeds Are Not Allowed on Interstate Highways

While you can access a public road on a moped, you cannot drive it on the interstate. Drivers of electric scooters and motorized bikes must follow the same rule. 

Although you need to follow the state’s standard traffic laws, you do not have the same rights on the roads as autos. You cannot operate a moped on the highway or limited-access road unless the road permits bicycles.

Don’t Drive a Moped on the Sidewalk

As a result, moped riders often drive in residential neighborhoods or on city streets. Just don’t ride a moped on the sidewalk, or you’ll be breaking the law. However, you can drive a moped on bike lanes that are designated for riding. 

Follow the Rules of the Road

If you drive your moped on the road, you should follow all the rules of the roadway – stopping at stop signs and adhering to traffic signals.

You should also obey the posted speed limit and yield to the right of way. Always drive in the same direction as the flow of traffic.

How the Rules for E-Scooters Differ from the Laws for Mopeds

If you have an electric scooter (e-scooter), you can drive on public streets, like a moped, but you won’t need to get a driver’s license. However, you can only drive on roads whose posted speed limit is 35 miles per hour or below. 

Also, you can drive e-scooters on sidewalks. However, following this practice can also place pedestrians more at risk. Drivers who are under 16 years old may also drive e-scooters.

What to Do If You Get Involved in a Moped Accident

If you get involved in a moped accident in the Lone Star State, you can ask for compensation from the negligent party. You’ll need to take some precautionary measures if you get into a collision with another driver.

Contact the Police and Ask the Driver for Their Insurance Info and Contact Details

Contact the police to file a report and ask the driver for their insurance information and contact details. Take a picture of their insurance card and driver’s license to ensure you obtain all the correct information. 

Gather and Record the Necessary Evidence

Obtain eyewitness accounts, if possible, and take pictures of the accident scene and damages with the camera on your smartphone.

See a Medical Doctor ASAP

You should also see a medical doctor on the same day to ensure that you’re okay. Even if you believe you’ve escaped an injury, you may be in shock, or the injury may present itself at a later date.

What You Can Receive in Damages

If the other driver is at fault, you’re entitled to compensation in the form of lost wages, what you need in medical costs, and what you’ve determined you’re owed for pain and suffering.

When You May Need to Contact an Attorney

If an insurance company does not acknowledge your claim or is offering a settlement that you believe is unfair, you may need to contact an accident lawyer in Texas. Texas sets the bar at 51% for Texas negligence claims. 

Therefore, the state uses a modified form of comparative negligence, called proportionate responsibility, for determining a settlement. Your settlement is therefore reduced by how much you’re at fault, up to 51%.

Whether you were a pedestrian injured by a moped driver or a moped driver who was involved in a collision with a motorist, you have a right to file a personal injury claim. As long as you can prove that the other party was primarily at fault, you can go forward with your personal injury claim.

Because Texas follows the 51% rule with respect to comparative negligence, you cannot file a claim if you’re 51% or more at fault. 

Contact a Moped Accident Attorney Today

To inquire about a moped accident claim in Texas, contact an experienced moped accident attorney. Schedule a free consultation today with the Holladay Law Firm at (800) 900-3319.