Michael Pines | August 22, 2025 | Personal Injury
Mopeds and scooters are similar in that they are versions of motor-driven vehicles like motorcycles and similar vehicles. However, the differences between scooters and mopeds can be found in speed capabilities, operational rules, licensing, and registration.
Understanding the difference between a scooter and a moped can help riders protect their rights if they are injured in a moped or scooter accident in San Diego, CA.
The Differences Between Scooters and Mopeds – Definitions Provided by the California Vehicle Code
The California Vehicle Code (CVC) §406(a) defines a moped as a two or three-wheeled device that can have pedals for propulsion by human power or a motor for electrical propulsion. The motor must produce less than four gross horsepower, and the device cannot travel at a speed of more than 30 mph on level ground to be considered a moped.
CVC §407.5(a) defines a motorized scooter as a two-wheeled device with handlebars that is powered by an electric motor. Scooters may also be powered by a power source other than an electric motor, such as a small gas-powered motor. A scooter may or may not have a seat. A device that meets the definition of a motorcycle, motorized cycle/bicycle, or a moped does not meet the definition of a scooter.
Requirements for Riding Scooters and Mopeds in California
California has several laws and regulations that provide the requirements for riding scooters and mopeds.
Requirements for Riding Scooters
The following requirements apply to riding a moped in California:
- Must be at least 16 years old to drive a moped
- An M1 or M2 motorcycle license is required to operate mopeds
- Mopeds must be registered and have a special license plate
- Riders must have liability insurance for mopeds that meets the minimum liability insurance requirements for motorcycles
- Riders and passengers must wear helmets on mopeds
Following these rules ensures that moped riders meet California’s safety and licensing standards while reducing the risk of penalties or liability.
Requirements for Riding Scooters
The following requirements apply to motorized scooters in California:
- A driver’s license is required, but a motorcycle license is only needed if the motor exceeds 50cc.
- Scooters do not need to be registered or display a license plate.
- Minors must wear helmets; adults are not required to do so.
- Scooters may be operated on bike paths, bikeways, or trails, but not on sidewalks or roads with speed limits over 35 mph.
- Insurance is not required, though it is recommended for protection in case of an accident.
It is important to note that some local jurisdictions have specific regulations for mopeds and scooters. These laws could restrict the use of mopeds and scooters within the city. Riders must check local laws for scooters and mopeds to ensure they comply with all regulations.
Risks Moped and Scooter Riders Face in San Diego, CA
Scooter and moped accidents can cause catastrophic injuries. Riders have very little protection in a collision. Therefore, they may suffer numerous injuries, including broken bones, organ damage, traumatic brain injury, disfigurement, and spinal cord injury. If another party caused your accident, you may receive compensation for your injuries and losses.
You could receive economic and non-economic damages, including:
- Medical costs and expenses
- Loss of enjoyment of life and quality of life
- Out-of-pocket expenses
- Lost wages and earning capacity
- Pain and suffering
- Rehabilitative therapies
- Emotional distress and mental anguish
- Disfigurement and scarring
- Disability and permanent impairment
The rider has the burden of proving the accident was the other party’s fault to create liability for damages. The insurance company or driver may accuse the rider of causing or contributing to the accident. If so, the rider’s compensation could be reduced under California’s contributory fault laws.
How Can a Lawyer Help in a Scooter or Moped Accident?
If you are injured in a scooter or moped accident, a San Diego accident lawyer can provide critical support throughout your case. An attorney can:
- Gather evidence: Collect police reports, medical records, and witness statements to prove the accident was not your fault.
- Document damages: Accurately calculate medical costs, lost income, and pain and suffering to strengthen your claim.
- Protect against insurance tactics: Shield you from bad faith practices and push back against adjusters who try to undervalue your case.
By handling the legal process and protecting your rights, an attorney can maximize your compensation and give you the time and peace of mind to focus on recovery.
Contact a San Diego Personal Injury Lawyer for Help
If you’ve been injured in a moped or scooter accident, you may have a claim for damages. A San Diego personal injury lawyer can help you pursue compensation for damages. Contact the moped and scooter accident lawyers at Pines Salomon Personal Injury Lawyers today for a free consultation if you’ve been involved in an accident.
For more information, contact an experienced personal injury lawyer at Pines Salomon Personal Injury Lawyers to schedule a free initial consultation today.
We proudly serve San Diego County and its surrounding areas:
Pines Salomon Injury Lawyers – San Diego Office
835 5th Avenue #302, San Diego, CA 92101
(858) 551-2090
Available 24/7
Pines Salomon Injury Lawyers – La Jolla Office
4660 La Jolla Village Dr. San Diego, CA 92122
(858) 585-9031
Available 24/7
