Provided that you follow certain titling and licensing requirements, it is legal to ride a moped, motor scooter, or similar vehicle on public roads in Louisiana. Just like people on bicycles and motorcycles, though, riders on motorscooters can be severely hurt or even killed in traffic collisions if someone else around them fails to act responsibly. Unfortunately, this kind of accident happens more often in the Pelican State than many people think.
If you were recently hurt in a Vespa / motor scooter accident in Prairieville, you may also have a harder time than you expect with pursuing civil recovery for your crash-related losses. Fortunately, there is support available from the seasoned motorcycle accident attorneys at Tomeny | Best, who can work diligently on your behalf to build the strongest possible case and obtain the compensation you need.
Holding Someone Else Legally Liable for a Scooter Crash
As is the case with virtually every other type of traffic accident, making someone else pay financially for losses stemming from a Prairieville motor scooter accident generally requires proving the other person was negligent in some way. More specifically, this means proving that the defendant being sued owed a specific duty of care to the plaintiff filing suit, that the defendant violated this duty in some way, and that this breach of duty was the main and direct cause of an otherwise preventable accident.
While the most common defendant named in this sort of claim is a motor vehicle driver who broke a traffic law or otherwise acted irresponsibly behind the wheel and struck a motor scooter operator as a result, there may be multiple parties at fault for a single incident. For example, a motor scooter rider may end up in a wreck partially due to a mechanical defect in their scooter or a flaw in the road they were riding on, which might impose civil liability for their injuries on their scooter’s manufacturer or a local government body.
Getting Around Legal and Procedural Roadblocks
Of course, individual motor scooter operators in Prairieville can also be found partly at fault for causing their own accident through their own negligent behavior. In this kind of scenario, a court might assign them a percentage of comparative fault for their injuries and, in accordance with Louisiana Civil Code §2323, reduce the total compensation available to that plaintiff by that same percentage.
Another possible stumbling point worth mentioning is the statute of limitations codified in Louisiana Civil Code §3493.1, which allows people injured through the negligence of others just two years at most to file suit after initially sustaining harm. While this is thankfully longer than the old one-year filing deadline that was in effect until July 2024, it is still a very short period of time in which to collect evidence and construct a strong claim, especially without support from trustworthy legal counsel.
Talk to a Prairieville Attorney About Legal Options Following a Vespa/Motor Scooter Accident
Even if you follow all the rules of the road and wear proper safety gear, riding on a motor scooter can still be a dangerous experience if other people around you fail to act responsibly. On top of that, you may run into legal and other obstacles if you try to sue someone over injuring you in a scooter crash without first seeking help from knowledgeable legal counsel.
The assistance you need to get the best possible case result after a Vespa / motor scooter accident in Prairieville is available from the legal team at Tomeny | Best. Call today to discuss your options during a free consultation.