People fall victim to moped accidents frequently. You may be wondering what a moped accident is.
A moped accident occurs when a moped (motorized bicycle) is involved in a collision with another vehicle, object, or pedestrian, which leads to damage or injury.
These moped accidents can be vehicle-moped collisions, pedestrian-moped collisions, single-vehicle crashes, and bicycle-moped collisions.
New Orleans is a congested city. Many people in New Orleans use mopeds as their primary mode of transportation.
These moped accidents are caused by failure to yield on the road, distracted driving, reckless driving, poor road conditions, recklessness of the driver, or lack of visibility caused by fog, darkness, or rain.
Moped accidents can lead to severe health challenges like spinal cord injuries, head trauma, broken bones, and abrasions. It can also cause financial burden and emotional trauma to the victim. These victims often need the help of New Orleans moped accident lawyers to get compensation for their losses.
Lawyers have noticed over time that there are challenges involved in New Orleans moped accident claims, which include:
Determining Liability
Oftentimes, determining liability in moped accident claims is a hassle because no one wants to bear responsibility. In New Orleans, where there are unique road conditions, traffic patterns, and reckless behaviors of drivers, it can be challenging to determine who is at fault.
To determine liability, lawyers have to factor in road hazards, reckless driving, and failure to yield, which may have caused the moped accident.
Investigating to determine the liabilities will take a lot of time because camera footage, witness statements, and police reports have to be obtained.
Insurance Complications
Another challenge with moped accident claims in New Orleans is navigating insurance claims because of how complex they are. Drivers oftentimes lack adequate insurance coverage. Some of them are underinsured or uninsured, which affects claims.
Insurance companies in New Orleans also try to minimize payouts for accident claims, which leads to long disputes. So, a claimant needs the services of a lawyer who understands the nuances of insurance claims laws in New Orleans if they are to help victims of moped accident claims well.
Injury Documentation and Medical Evidence
During or immediately after the moped accident, it may not even cross your mind to document the accident, which can be a challenge. Attorneys know how helpful video or photo evidence can be in accident claims in courts, so they go to great lengths to gather the ones that are indisputable and very likely to turn the odds in your favor.
The judge often looks at the medical record, bills, evidence of ongoing treatments, and expert opinions, which can shed light on the severity of the accident the victim suffered. This helps judges to make their rulings.
Lack of evidence of documentation affects moped accident claims, which can be avoided with adequate documentation.
Comparative Negligence Laws
Louisiana follows a comparative negligence system, meaning that if the injured party is found to be partially at fault for the accident, their compensation may be reduced by their percentage of fault. This is challenging because of how complex it is. Sometimes, defendants in the claim can argue that the victim contributed to the accident and if they can argue their case well, the victim will partially be at fault.
No matter these challenges, it shows that victims of moped accidents must ensure they get good lawyers to help argue their case and have their best interest at heart. They will navigate these legal complexities and work toward achieving a fair settlement for their clients.
ABOUT THE AUTHOR
Fred Felton
Content Creator / Editor
Fred Felton is a copywriter, editor and social media specialist based in Durban, South Africa. He has over 20 years of experience in creating high end content. He has worked with some of the biggest brands in the world. Currently Fred specialises in the motorbiking adventure space, focussing on all types of biking both on and offroad. He is also a keynote speaker and has presented talks and workshops in South Africa.
