You had every right to be on the road. You were driving your scooter, or moped, with a driver’s license and in compliance with all of Wisconsin’s moped safety laws. Yet, another driver was negligent and caused an accident that left you hurt.
Now You Have Every Right to Recover for Your Scooter Accident Injuries
Scooters and mopeds are relatively small vehicles that may be harder to see than other types of vehicles, and the lack of doors, airbags, and seat belts may leave you more vulnerable to injuries. These are not, however, legal justifications for a moped accident.
If you have been hurt because of another driver’s negligence, then you have the right to recover damages for your moped accident injuries. Another driver was negligent if:
- The other driver owed you a duty of care. Every driver owes other motorists, including moped operators, a duty of care. This means that every driver must use reasonable care to avoid accidents.
- The other driver breached the duty of care by failing to act as a reasonable driver would in similar circumstances. There are many ways that the duty of care may be breached. A driver may breach the duty of care, for example, if he is drunk, drowsy, distracted, or does not follow the Wisconsin rules of the road.
- Your injuries would not have happened but for the other driver’s breach of the duty of care. The other driver must have caused your injuries in order for you to make a legal recovery.
- You have a legal right to recover damages. Wisconsin law allows you to recover for the moped accident injuries that you have suffered.
Once you convince the insurance company or the court of the other driver’s negligence, then you need to convince the insurance company or the court of the value of your damages. Potential damages should include past, current, and future:
- Medical expenses. Things such as surgeries, hospitalizations, doctor appointments, medications, and physical therapy should be part of your recovery.
- Lost income. Lost income includes not only your lost wages, but also bonuses, commissions, benefits, and income from self-employment.
- Out-of-pocket costs. Any incidental costs that you incurred because of your accident injuries should be included in your settlement or court recovery.
- Physical pain and emotional suffering. It is hard to measure pain and suffering, but an experienced personal injury lawyer knows what evidence to present and how to convince the insurance company or court to compensate you for these important injuries.
- Other damages. Any other loss that you can prove was a direct result of your accident might be part of your legal recovery.
You will not receive any of the damages described above unless you actively protect your fair legal recovery.
How to Protect Your Right to a Fair Recovery
There are things that you should do and things that you should avoid doing to protect your legal and financial recoveries. Some of the mistakes you want to avoid include:
- Waiting too long to take action. The Wisconsin statute of limitations generally provides you with three years to file a lawsuit. Your time usually begins on the date that you are hurt.
- Providing a written or recorded statement to the insurance adjuster. Insurance adjusters have a job to do. That job is to pay you as little as possible so that the insurance company keeps as much money as possible. Anything that you say to or provide to the insurance company may be misconstrued and used against you.
- Accepting the insurance company’s first settlement offer. Once you accept a settlement, you will not recover additional compensation later. Therefore, you have to be certain that the proposed settlement fairly compensates you for all of your past and future moped accident damages.
- Failing to gather and preserve evidence. You will need evidence, such as photos, witness statements, and relevant documents to convince the insurance company or court that you deserve damages. If you do not have this evidence, then you may not be able to make a fair recovery.
As you avoid these mistakes, it is also important to take action by contacting an experienced moped accident lawyer as soon as possible. Our lawyers know how to protect your rights. Insurance companies know that we mean business and that our clients must be treated fairly.
Please contact us today to schedule your free consultation and to learn how we can help you get the fair recovery that you deserve.