Vehicles of all types are driven on American roads. One mode of transportation, the moped, is an option for people traveling short distances. Although a moped might not appear to be a traditional motorcycle, it is still classified as one and can cause just as much damage.
Are you considering filing a personal injury claim or lawsuit to hopefully recover the losses you sustained in a moped accident? A Jefferson Parish moped accident lawyer can help you value those damages before pursuing compensation on your behalf. The legal team at Laborde Earles Injury Lawyers wants to help you navigate the legal process. Call us at (504) 777-7777 for a free case evaluation.
Motorists Must Pass a Driving Course to Drive a Moped in Louisiana
According to the American Automobile Association (AAA), moped drivers in Louisiana must have an endorsement added to their driver’s license to drive a moped. They can do so by passing a course that tests their operation skills and knowledge on how to properly drive a moped. A separate endorsement is not required if they have already passed a state-approved Motorcycle Safety, Awareness, and Operation Training Program.
Despite these regulations, there might still be moped drivers who did not complete these programs on the road at any given time. Also, even if a moped driver has the proper endorsement to operate a moped, factors like bad weather, distractions, and alcohol consumption can cause the driver to get into an accident.
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ClientLiable Moped Drivers May Be Held Responsible for Covering Damages
Depending on how the accident occurred, the driver of the moped might be at fault for causing the accident. Moped drivers might be liable for causing accidents if they are:
- Not experienced enough to drive a moped in traffic
- Driving under the influence of alcohol or drugs, which can impair judgment and reaction time
- Driving their moped between traffic lanes, on sidewalks, or other areas where mopeds are not permitted
- Not having their lights on at night or conditions where there is low visibility
- Going beyond the speed limit
- Failing to drive with caution in inclement weather like rain or snow, which make the roads slick
The manufacturer or whoever was responsible for maintaining the moped might be held liable for damages if vehicle factors contributed to the cause of the accident. If the moped is defective or was not properly maintained, the driver might lose control of the vehicle. Two-wheeled vehicles, such as mopeds and motorcycles, do not provide a great deal of protection for the rider, even if they wear a helmet. If a driver is blinded or hit in the head with an object, it might cause them to crash their vehicle.
Whether an individual or company caused your injuries, if a party is found responsible, they may be compelled to pay for your damages under a court of law. You might be able to receive compensation for the following types of damages:
- Medical bills: You may be compensated for any medical treatment costs, such as costs for hospital stays, aftercare, and prescription medications.
- Lost wages: If your injuries made it impossible for you to return to work, the wages you would have earned might be compensated.
- Property damage: If your vehicle has dents, broken lights, or shattered windows due to the impact of a moped, these repairs may get covered. “Property” also extends to homes or personal objects if they were damaged in the accident.
- Pain and suffering: If you experienced pain and suffering because of your injuries, you may be awarded compensation in a form the court finds suitable.
- Funeral and burial expenses: If someone dies as the result of a moped accident, compensation may also be extended to their loved ones in the form of projected wages lost in that person’s lifetime and compensation for the grief and loss experienced by their loved ones.
Evidence That Might Prove Your Claim
When building your case, your lawyer may request certain pieces of evidence to prove how the accident occurred and what contributing causal factors led to your injuries and damages. For example, evidence of the driver’s failure to drive cautiously or a manufacturer’s defect can inspire support from the jury.
Examples of evidence in a moped accident might include:
- Surveillance footage of the accident
- Dashcam footage
- Records or photos of the defect in the vehicle
- Testimony from first responders, such as the police, emergency transport personnel, or firefighters
- Testimony from eyewitnesses
- Medical records
If you need help obtaining evidence for your case, a Jefferson Parish moped accident lawyer from Laborde Earles Injury Lawyers might be able to access resources to retrieve evidence on your behalf. Call (504) 777-7777 today to start working with our team on your case.
The Statute of Limitations in Louisiana
According to the Louisiana Civil Code (CC) § 3492, the statute of limitations is generally one year. If the accident occurred in Jefferson, Louisiana, you have a year from the date of the accident to report it to the proper authorities if you wish to file a personal injury lawsuit.
Reporting the accident and seeking the aid of a Jefferson Parish moped accident lawyer soon after the accident can help you file your case on time so that you may pursue compensation. Failing to file your lawsuit on time might have your case dismissed.
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Rick Smith | ClientLaborde Earles Injury Lawyers Can Handle Your Moped Accident Case for You
It makes no difference if a moped is driven for work or play. The driver has a responsibility to obey all traffic laws like any other motorist on American roads. The company that built the moped must make sure their product is safe, and repair shops must ensure that it is ready to drive.
A Jefferson Parish moped accident lawyer can help determine who is at fault for your injuries and what they owe you for failing to perform their duties. Do not let yourself be overwhelmed by medical debt due to another person’s actions. Call us today.
If you are interested in filing a personal injury claim or lawsuit, an attorney from Laborde Earles Injury Lawyers can help you navigate the legal process. Call our team at (504) 777-7777.