It’s not uncommon to see someone cruising down the streets of historic Key West on a moped or scooter, often clad in Hawaiian shirts — seemingly the area’s unofficial dress code.
This mode of transport is extremely popular in the area. However, like any vehicle, it carries risks and can lead to serious consequences. There are a myriad of reasons why a moped or scooter accident may occur — from narrow streets and tourist inexperience to distracted driving. When they do occur, Leesfield & Partners attorneys know the consequences can be severe, including traumatic brain injuries, spinal fractures, paralysis, broken bones, and more.
Scooters and mopeds are an efficient and fun way to explore Key West’s historic streets, lined with palm trees and the inviting sea breeze. It’s no wonder many tourists opt to rent them or borrow them from friends when visiting the area. Their inexperience on the roads, however, can lead to costly mistakes. Speeding, failing to yield, or not understanding local traffic patterns can all contribute to collisions. Under Florida law, a tourist who negligently causes an accident can be held just as accountable as a local driver. Even if they lack Florida insurance, their out-of-state auto policies may provide coverage, and an injured party can still bring a claim against them in Florida courts.
Tourists and locals alike behind the wheel of a car also play a role in many scooter and moped accidents. Distracted driving, failing to keep a proper lookout for smaller vehicles, or operating a car while impaired are all common causes of collisions. In these cases, a negligent driver may be held liable for damages such as medical bills, lost income, and pain and suffering. Because Florida follows a comparative negligence rule, fault may be shared between a scooter rider and a motorist, and any recovery is adjusted accordingly.
Other parties may also bear responsibility under Florida personal injury law. Scooter rental companies can be liable if they rent out poorly maintained vehicles, fail to warn riders about risks, or neglect to provide basic safety instructions. If a pedestrians or bicyclists behaves carelessly contributes to a crash, then they may also face liability. These cases often require a careful investigation of rental contracts, maintenance records, and witness testimony to establish how responsibility should be divided among all parties involved.
Leesfield & Partners
In nearly five decades of personal injury law, Leesfield & Partners attorney have represented countless of Florida crash victims and grieving families. With offices in Key West, Orlando and Miami, our attorneys know just how unpredictable and dangerous these roads can be. In all, Florida experienced 381,371 crashes in 2024, according to data from the Florida Department of Highway Safety and Motor Vehicles. Tragically, of these crashes, 3,195 people died. While the data does not separate for modes of transport such as mopeds and/or scooters, it does show that there were a total of 209 bicycle fatalities and 594 motorcycle fatalities. At least 705 pedestrians died. In Monroe County, there were 1,732 crashes with six deaths. There were a total of 161 bicyclist deaths and two pedestrian deaths.
These numbers are representative of road hazards but also of individuals and families that have been forever fractured. At Leesfield & Partners, our skilled trial attorneys have seen the devastation that these crashes have caused to the lives of clients and their families while fighting to hold the responsible parties accountable for their negligence. Whether a client has been injured from the reckless, distracted or impaired driving of a negligent driver, our attorneys have used their innovative trial skills, tenacious investigative techniques and deep understanding of Florida law to achieve exceptional results.
Partner Justin B. Shapiro and Eric Shane, a Trial Attorney at the firm, are representing a man who was left with a traumatic brain injury after he was hit while riding a motor scooter in the area. Our client, 46, was approaching an intersection when he was hit by a driver who failed to yield at a stop sign. As a result of this collision, he was ejected and hit the driver’s windshield before falling unconscious to the ground.
Today, he remains in a long-term care and rehabilitation facility due to the severity of his injuries.
“Sadly, our client’s life has been destroyed by this crash and he remains in in-patient rehabilitation,” Mr. Shane said. “We are aggressively pursuing all avenues of recovery under the law.”
Previous Cases
In the case of a 27-year-old motorcyclist who suffered severe and life-altering injuries due to a defect with his kickstand, the firm obtained a $19.8 million award. As our client was traveling on his motorcycle, the kickstand suddenly engaged, causing it to spin out of control and rendered him a high-level quadriplegic.
Mr. Leesfield spent approximately two decades working on cases in which clients were severely injured or killed because of issues with a motorcycle kickstand, resulting in manufacturing changes that have saved countless lives.
A Key West crash involving a prominent local businessman resulted in a record verdict. In that case, our client had the green light at an intersection when an ambulance at a red light unexpectedly plowed through the road and hit him. In the crash, he was thrown into a cement wall, resulting in permanent injuries.
The ambulance driver claimed he was on his way to an emergency and had the right of way, however, this driver failed to deploy the necessary lights and sirens. Without these indicators, our client had no idea that the ambulance would not stop when at the red light and so he proceeded to cross the intersection.
Recently, Leesfield & Partners filed suit in the case of a man in a wheelchair who was hit by a speeding car. His severe injuries resulted in doctors being forced to amputate his leg. Carlos A. Fabano, a Trial Lawyer with the firm, is handling the ongoing case.
Previously, Leesfield & Partners obtained an $8.5 million settlement following a $27 million arbitration award for the family of a young woman who was killed by a pickup truck driver while attempting to cross the street. The woman, a wife and mother of two, was visiting Florida from her home in Toronto, Canada, when she was crushed by a pickup truck. The driver in that case claimed to not have seen her.
In a case involving a bicyclist who was hit while stopped on the side of the road on the Overseas Highway in Key West, the firm secured a $5,350,000 settlement. In that case, the bicyclist was hit by a driver who was distracted by their car’s GPS.
The firm previously recovered $3 million for a mother and son injured in a bicycle incident.
In a previous case involving a scooter accident, the firm obtained a $1 million award.