Electric scooters have given us a fun and convenient way to cruise around town that’s also incredibly economical and friendly to the environment. Unfortunately, these scooters can commonly be involved in accidents that aren’t always the fault of the operator. If you are injured in an accident on a scooter caused by someone, you have a right to seek compensation.
Scooter accidents can be incredibly serious, and potentially cause you to incur some serious costs. Unlike full-sized vehicles that have a chassis and safety features, the driver of a scooter is entirely exposed with only a helmet and clothing to protect them which can cause accidents that may seem very minor in a car to be very serious and potentially deadly on a scooter. If you or a loved one has been a victim of an accident in Lafayette, reaching out to a personal injury lawyer with expertise in scooter accidents is the best way to get the compensation that you deserve.
Who Is Liable for Damages in a Scooter Accident?
As is the case with any vehicle accident, there are a number of factors that need to be considered when determining who is at fault. If you yourself were acting recklessly, then the liability could lie with you. If you were operating the scooter responsibly though when the accident occurred, there are a few different parties that could potentially be liable depending on the specific circumstances.
Louisiana follows the doctrine of comparative negligence in injury claims, which means that the Louisiana court system recognizes that the fault may lie with more than one party. If more than one person’s reckless actions contributed to the accident, they will typically be assigned a percentage responsibility for the fault. If you are found to be at 20% fault for the accident, then the compensation for your claim will be reduced by 20%.
The Other Vehicle
As a scooter operator, you don’t have much opportunity to get out of the way should a large vehicle threaten you. If you had the right of way and were operating your scooter according to all Louisiana DMV regulations, then they had every bit as much of a responsibility to stay out of your way as they do with any other vehicle. Collisions between scooters and full-sized vehicles often result in incredibly serious injuries for the scooter operator, and you should have to bear that burden.
The Scooter Manufacturer or Owner
If a defective vehicle caused your accident, then it’s the manufacturer of the scooter that likely is at fault. Just like anyone else, product manufacturers have a duty of care to release safe products into the marketplace. If they failed in that responsibility, then they should be the ones to pay the cost of the consequences, not you.
In the case of rental scooters, often these have been through a lot of abuse. While a rental agreement may have exclusions and a waiver of some liability, you still assumed that you were getting a safe vehicle when you rented it. If an owner’s negligence in maintenance and upkeep led to your accident, then they are liable for the damages.
The City of Lafayette
Even if a major pothole caused your accident, it’s unlikely that the City of Lafayette could be held liable for your injuries. In a joint ordinance on devices like motor scooters within the City and Parish of Lafayette, they have claimed to make “no representations or warranties concerning the condition or suitability of its streets, sidewalks, and/or rights of way for Shared Mobility Devices or the User.” In other words, if a pothole or crack caused your accident you may need to look elsewhere, like a personal insurance policy, for compensation.
For a free legal consultation with a Scooter Accident lawyer serving Lafayette, call (337) 446-4571
What Compensation Can You Get from a Scooter Accident?
When you’re injured in an accident that was caused by another party’s reckless actions, then you should be compensated for all damages that you incurred as a result of the accident. According to Louisiana statutes, this includes any direct, monetary hardships you experience because of the accident, such as:
- Medical and ambulance bills
- Continued treatment and medication
- Lost wages while unable to work after the injury
- Lost earning potential due to injuries
There are also damages that are harder to find an exact price for but are still a hardship as a result of the accident. These non-economic damages include things like personal pain and suffering, decreased quality of life, and permanent disfigurement or impairment. The damages awarded for these types of hardships can often be significant, as these are priceless and irreplaceable facets of life.
Do I Need a Scooter Accident Lawyer in Lafayette?
While you could file a claim with an insurance company yourself, the process is dense and missteps may cost you dearly. Personal injury lawyers are already adept at navigating the legal processes of filing a claim, as well as fighting for a fair settlement or award. If you’ve been in a serious accident, letting an expert handle the leg work can give you room to recover.
Whether you’re going to court or dealing with an insurance settlement, it can often be hard to get a seat at the negotiating table about your compensation. An experienced Lafayette scooter accident lawyer can make sure that you have a major voice in the room while decisions are being made and that any settlement offer you receive is a fair deal and doesn’t leave you with unpaid expenses from your injuries.
Contact a Lafayette Scooter Accident Attorney Today
Here at Morris Bart, we’ve had a lot of experience representing scooter accident victims. If you’ve been in a scooter accident, our team can help look over your case and see what compensation we could help you fight for. Contact us today and a scooter accident attorney in Lafayette can look over your accident claim and perform a free case evaluation.
Questions?Call (337) 446-4571
to find a Morris Bart office near you.