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Like a bicycle, motorcycle, or car accident, moped accidents focus on liability. In other words, who is at fault for the accident must be determined before a plaintiff can receive any money.
What Is Negligence in Moped Accidents?
Negligence is the legal term for fault or responsibility for the accident. The responsible party showed a disregard for people’s safety while operating a vehicle. Negligence does not require any intention on the part of the other party. For example, a plaintiff does not have to prove the defendant intentionally caused the accident. Instead, proving liability involves satisfying the four negligence elements.
How Is Negligence Proven?
In many jurisdictions, the four legal elements a plaintiff must show are:
- Duty of Care: The defendant is required by law to operate a vehicle while making sure not to harm any individual or causing an accident.
- Breach of Duty: Breach of duty occurs when a defendant is obligated by law to avoid causing an accident and/or harming the plaintiff and violates the duty.
- Causation: The plaintiff shows the defendant actually caused the moped accident. The defendant can cause the accident in two ways: actual and proximate. Actual cause is the “but-for” test. This test is satisfied when the plaintiff proves that but for the defendant hitting the plaintiff, the accident would not have happened. When a defendant is the proximate cause of a moped accident, their actions indirectly made make them legally liable for the accident.
- Damages: Once the plaintiff shows that the defendant caused the accident, they must show the defendant caused injuries or property loss. By showing this, the plaintiff demonstrates that the defendant owes them financial compensation, otherwise known as damages.
What Types of Compensation Can I Receive?
An injured moped driver may be entitled to compensation for:
- Lost wages
- Medical expenses
- Pain and suffering
- Physical therapy
- Loss of earning capacity
- Loss of companionship
- Loss of quality of life
Should I Talk to a Personal Injury Attorney about My Moped Accident?
Yes, if you were involved in a moped accident, discuss the facts with a personal injury attorney. The attorney will explain the laws in your jurisdiction and what you must prove to win or settle the claim.
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Last Modified: 08-25-2015 09:33 AM PDT
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