Scooter accidents are a type of motor vehicle accident that involves a scooter colliding with an automobile, another scooter, or a pedestrian. The result of the accident can include property damage or injuries. In some cases, the accident may cause the death of a driver or pedestrian.
Fault is a legal term for liability. An accident may be the fault of the driver or pedestrian.
There are specific elements that anyone injured in a scooter accident must prove to win a personal injury claim. The first step is proving the other person had a duty of care to the plaintiff. Duty of care refers to a person having an obligation to the plaintiff not to harm them while operating a motor vehicle. In other words, not to cause an accident. Once duty is established, the plaintiff must prove the next element.
This question is often asked when determining fault. If the defendant had a duty, the accident will show the duty was breached.
Just because the defendant technically caused the accident and had a duty to the plaintiff does not mean that they are at fault for the accident. The plaintiff must show the defendant was actually responsible for the accident. There are two forms of cause that must be proven:
Actual cause shows the defendant directly caused the accident. Proximate cause means the defendant is actually liable for the accident.
The term “damages” typically refers to money for injuries and property loss caused by the accident. Once the other elements are proven, a plaintiff must show the accident caused actual physical injuries or property loss.
Scooter accidents are serious and costly. To determine whether you can sue the other person involved in the accident, contact a personal injury lawyer. The lawyer will explain car accident laws and file a claim on your behalf.
Last Modified: 07-20-2015 03:06 PM PDTLaw Library Disclaimer
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