When it comes to mopeds, a loophole exists regarding DUI’s which lawmakers are determined to close. The problem stems from the fact that mopeds aren’t legally considered motor vehicles in the state of Florida. This means that if a person gets on their moped after drinking and is involved in an accident, they can’t be charged with any DUI crimes. A loophole State Sen. Greg Hembree, R-Horry finds aggravating.
“A person can be falling down drunk, then get on a moped and ride down Highway 17 in 5:00 traffic and be weaving all over the road and they cannot be arrested for DUI,” he said in a recent interview. “That clearly was an unintended consequence when they were drafting previous versions of the moped definition.”
What truly bothers him is that many of the people who currently operate mopeds in Florida are doing so because they were previously convicted of drinking and driving. His aggravation over the situation is why the Senate Transportation Committee decided to address the issue once and for all. The matter has already been discussed and approved by the House.
Unlike cars and motorcycles, Florida doesn’t have many regulations regarding the way mopeds are operated in the state. If the measures pass, this will change. Not only will authorities be able to charge operators with DUI related crimes, but the same operators will be required to have both an operator’s license and insurance before they can legally ride on public roads.
“I hope these changes become laws. It’s not right that moped operators can’t be held accountable for their actions, especially when they have a past history of poor decision making,” said Attorney of John Bales. “If anyone has been hurt by a moped accident, particularly one that involved some who was drunk at the time of the crash, should contact a personal injury lawyer and discuss their legal options.”
Just because something isn’t punishable in one court, it doesn’t mean the injured party can’t seek justice in Florida’s civil court. This is particularly true of anyone who sustained severe injuries as a result of the accident.
What a civil court case for personal injury that names a moped operator who was under the influence or narcotics at the time of the accident is to seek a financial reward for the injured party. As a rule, the lawsuit seeks reimbursement for things like medical bills, loss wages, property damage, and pain and suffering. Wrongful death issues are also covered under the blanket term personal injury.
Since each situation is unique, the best way to determine if the injuries you sustained in a moped accident warrant you filing a personal injury lawsuit is by seeking out the advice of a personal injury John Bales Attorneys. Not only will they advise you about legal rights, they’ll also help you determine who to name as the defendant in the case and how large a settlement you should seek.