Injured While Riding a Moped Without a License in Manhattan: Can I Sue?

Mopeds are popular vehicles in the summer, but they leave riders seriously vulnerable to injury. Contact Cohan Law, PLLC to determine whether a moped accident lawsuit in Manhattan is possible. Notably, these crashes are common in dense Manhattan corridors where mopeds, delivery vehicles, taxis, rideshare vehicles, pedestrians, and cyclists all share limited space, including the Lower East Side, Chinatown, Canal Street, Delancey Street, Allen Street, Bowery, Houston Street, Midtown delivery zones, and a wide range of other busy locations. Our Manhattan moped accident attorney has the knowledge, skills, and experience to protect your legal rights after a crash.

You Need a License to Legally Operate a Moped in New York

Even if your moped is very slow, you still need a license to operate it legally in the city. The New York DMV divides mopeds into three categories: Class A, Class B, and Class C. The official name for a moped in New York is “limited use motorcycle.”

If the vehicle’s top speed is over 30 miles per hour but not more than 40 miles per hour, it is a Class A limited-use motorcycle and requires an M or MJ motorcycle license or permit. If its top speed is over 20 miles per hour but not more than 30 miles per hour, it is a Class B limited-use motorcycle and may be operated with any driver license class. If its top speed is 20 miles per hour or less, it is a Class C limited-use motorcycle and may also be operated with any driver license class.

Operating a Moped Without a License Does Not Make a Lawsuit Impossible

You might have heard that riding a moped without a license makes it impossible to file an auto accident claim. The truth is that a licensing violation does not automatically bar a personal injury lawsuit in New York. If another driver caused the crash, the injured moped rider may still have a claim for compensation. This makes you somewhat vulnerable in the event of an accident, but legal action is still possible.

First, you would need to establish that someone else caused your accident. For example, you might have been operating your moped in a safe, legal manner despite the fact that you didn’t have a license. As you were approaching an intersection, you might have been rear-ended by an out-of-control SUV driver.

In this situation, you would still retain the right to sue the SUV driver, even if you don’t have a license. Since they were to blame, they should face accountability. The defense might attempt to argue that since you had no valid license, you are partially to blame for the accident. Your lawyer can help you push back against these arguments as you pursue maximum compensation. The key question is causation. If the lack of a license had nothing to do with the crash, the defense should not be allowed to treat that fact as a complete excuse for the other driver’s negligence.

Key Takeaways

• You need a valid license to operate any type of moped in New York City
• If you were injured while riding unlicensed, you may still be able to sue
• While suing directly may be possible, filing a no-fault claim is out of the question
• Manhattan moped crashes are especially common in dense delivery corridors such as the Lower East Side, Chinatown, Canal Street, Delancey Street, Allen Street, Bowery, and Houston Street
• Class A mopeds require an M or MJ motorcycle license or permit, while Class B and Class C mopeds may be operated with any driver license class

Can a Moped Accident Lawyer in Manhattan Help Me?

A moped accident lawyer in Manhattan may be able to help if you’re searching for answers after a crash. While the fact that you were driving without a license can make a lawsuit more challenging, you can still sue in this scenario. Injured in a moped accident? Contact Cohan Law, PLLC at 212-601-2693 to discuss your specific situation and your legal options during a free consultation. 

Source: 

mv.ny.gov/registration/register-a-limited-use-motorcycle-moped