Attorney Warns Parents Countywide After Fatal E-Moto Crash

When the Orange County District Attorney’s (OCDA) office filed criminal charges against the parents of a boy who died in a Garden Grove high-speed E-moto crash, Santa Ana personal injury attorney Bill Shapiro of William D. Shapiro Law, Inc. was not surprised.

Both parents were charged after Benson Nguyen, 13, was ejected from his E-moto on May 7 before colliding into a concrete light pole.

The Irvine Intermediate School student was taken to UCI Medical Center where he died.

“Parents need to be cognizant that you’re sending your young kid out with a motorized bike and they’re dangerous,” Shapiro said.

Since January, the Orange County District Attorney’s Office has filed child endangerment and related charges against 10 parents for allowing their children to illegally ride E-Motos.

“The loss of a child is a price no parent should pay, and we mourn the tragic loss of Benson along with everyone who loved him,” OCDA Todd Spitzer said. “But grief does not erase the decisions that were made by Benson’s parents to continue to allow their untrained and unlicensed 13-year-old to illegally ride an E-Moto.”

Nguyen was allegedly driving more than 40 miles per hour before he lost control.

Prior to his death, the young Nguyen reportedly posted numerous TikTok and Instagram videos of himself doing E-Moto wheelies and leg switches.

“Any parent who has some notice that their child could more likely than not cause damage to themselves or others can be prosecuted or sued and be civilly liable for endangerment,” Shapiro told OrangeCountyLawyers.com.

In Nguyen’s case, the OCDA said there had been multiple warnings about the boy’s reckless riding. For example, Nguyen had broken his leg six months prior while riding a different electric vehicle.

Parents Charged With Felonies and Misdemeanors

The young Nguyen’s father, Vu Thanh Nguyen, 56, of Santa Ana was charged with one felony count of child endangerment, and his mother, Hong Cuc Thi Nguyen, 49, of Santa Ana was charged with one misdemeanor count of child endangerment.

Additionally, Nguyen’s father was also charged with one misdemeanor count of contributing to the delinquency of a minor for allegedly buying his son a faster and more powerful E-Moto. Shapiro warns that parents who give any product negligently to a child can be prosecuted or sued.

“It doesn’t have to be an E-bike or E-Moto,” he said. “It can be a gun. It could be a bow and arrow. It can be anything.”

California Statewide Integrated Traffic Record System (SWITRS) data shows that children between the ages of 11 and 14 account for 61.7 percent of E-Moto crashes even though children under the age of 16 are legally prohibited from riding E-Motos.

For parents concerned about damages, Shapiro recommends homeowner’s insurance.

“If the E-bike fits the description of a motor vehicle in the homeowner’s insurance policy, the majority of times there will be no coverage but generally speaking, I don’t know that E-bikes fit the description of a motor vehicle,” he said in a phone interview. “You have to review the policy.”

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E-bike and E-moto injuries are the leading cause of emergency room visits among Orange County children, according to the OCDA’s office.

California law differentiates between E-Bikes and E-Motos based on three features that include the power limit of the motor, its maximum speed limit, and whether it is equipped with operable pedals.

“Running a red light, riding against traffic, or ignoring the rules of the road can turn a ride into a tragedy in seconds,” Spitzer added in an Oct. 7 Facebook post. “Don’t become a statistic. Follow traffic laws and ride responsibly.”

In an attempt to curb the rise in E-Bike and E-Moto deaths countywide, Spitzer launched an e-bike buyback program last month however it ran out of the $100,000 in gift cards it was allotted before month’s end.

Parents flocked to Angel Stadium to take advantage of the program, which was similar to those used for guns. But the initiative was short-sighted, according to Shapiro.

“When they are bought back, who’s to say that they’re not going to take that money and go buy another E-bike…a faster model,” Shapiro added. “I’d want a declaration that they’re not going to take the money and buy another e-bike.”

Photo Credit: Photo of attorney Bill Shapiro provided by Bill Shapiro, Top Header image created with ChatGPT.