Moped accidents and crashes involving electric scooters are all too common in the Myrtle Beach area – and, when a careless driver collides with a moped rider, the at-fault driver is responsible for the damage they have caused.
In this blog post, we will discuss moped accidents in the Myrtle Beach and Conway, SC area, including:
- Why moped accidents are so common in the Myrtle Beach area,
- How to determine who was at fault after a moped collision, and
- Moped laws in SC.
Moped Accident Lawyers in Conway, Myrtle Beach, SC
It seems like there are more and more moped accidents in Myrtle Beach each year – why is that?
There are moped rentals or electric scooter rental businesses scattered all over the Myrtle Beach area, from Ocean Boulevard to Market Commons and near the local attractions like Family Kingdom and the Sky Wheel – whether you are a local looking for a cheap and easy way to get around town or a vacationer who wants to see the sights from the back of a moped, you won’t have to look far to find a scooter to rent.
Given the number of scooter rentals each year, especially during the summer months, combined with the number of tourists (8 million +) who visit the area each year and the resulting traffic congestion, it is not surprising that people are getting hurt on mopeds on the streets of Myrtle Beach.
Who is At Fault When a Motor Vehicle Collides with a Moped?
Who has the right-of-way, a motor vehicle or a moped?
In most cases, the same laws apply to mopeds that apply to other types of vehicles, including the rules of negligence.
- A moped rider has the right to (and should) fully occupy the lane that they are in, and if another vehicle attempts to pass or force their way by you they are most likely at fault in the resulting accident,
- If a moped rider violates a traffic law, that is negligence per se – or, if the driver of the other vehicle violates a traffic law, that is negligence per se and they are liable for any damages, and
- If both parties are at fault, you can recover damages (reduced by the percentage of fault) up to 50% (you cannot recover if you were more than 50% at fault in the crash).
Who Pays After a Moped Accident?
The person or business that was at fault in the moped accident is liable for the damages that they caused. But who pays the settlement or verdict?
Depending on the facts of the case and the parties involved, you may be able to recover from:
- The other driver’s insurance policy or policies,
- Third-party defendants or their insurance policies,
- Your own insurance policies, or
- The rental business’s insurance policies (but be wary of signing arbitration agreements as a condition of renting your moped or scooter).
Moped Laws in SC
What are the moped laws in SC?
Some general rules include:
- You must be 15 or older to drive a moped,
- You must have a moped license,
- Mopeds must travel in the farthest right lane except when making a left turn,
- The maximum speed for a moped is 35 mph,
- You cannot drive a moped on a road where the speed limit is greater than 55 mph, and
- The moped must be registered with the DMV and have a license tag, but
- You are not required to title the moped, carry liability insurance, or pay property taxes on the moped.
What about electric scooters? You can rent scooters at locations throughout the Myrtle Beach area, but you won’t find them lying around on the sidewalks as you would in many other cities, because Myrtle Beach has made “shared mobility devices” illegal within city limits.
Under Myrtle Beach Municipal Code Section 12-252, it is a crime to:
- Leave an electric scooter anywhere on public property (in other cities, some companies allow you to abandon your scooter wherever you want, then someone else can pick it up, pay, and use it),
- Operate a “shared mobility device” in the city, or
- Provide “shared mobility devices” for users in the city.
What happens if a company provides shared mobility devices in Myrtle Beach, SC?
- Abandoned scooters are impounded,
- There is a $100 fee for their return,
- The City may “dispose of” the scooter after 48 hours,
- The provider may be charged with a crime, and
- The company may lose its business license.
Do I Need to Wear a Helmet on a Scooter or Moped in Myrtle Beach?
SC law requires anyone who is under the age of 21 to wear a helmet while riding a moped, motor scooter, or motorcycle in the state.
Myrtle Beach tried to pass a local ordinance requiring motorcycle and moped riders to wear helmets in city limits, but the SC Supreme Court promptly struck it down as unconstitutional.
Furthermore, if you are 21 years old or older, failure to wear a helmet is not considered “assumption of the risk” or “comparative negligence,” and it is not a factor for the jury to consider in your trial for damages against the negligent driver.
Moped Accident Lawyers in Conway, SC
If you are hurt in a moped accident caused by another driver in Conway or Myrtle Beach, SC, consult with an experienced personal injury lawyer immediately who can help you to gather the evidence you need to prove liability and damages, identify all possible sources of recovery, settle your claim for full and fair compensation, and try your case to a jury if the insurance company doesn’t pay.
Call Johnny Gardner Law now at 843-248-7135 or send us an email through our website to find out how we can help.