Charleston Moped Accident Lawyer
Motorized scooters are popular transportation options in urban areas like Charleston. They are lightweight and easy to handle. Furthermore, their engines are very fuel efficient. But for practical purposes, mopeds are in something of a grey area. They are not really bicycles, yet they are not really motorcycles either. However, they are definitely motor vehicles, which means moped operators have basically the same rights and responsibilities as vehicle operators.
At the Gus Anastopoulo Law Firm, our dedicated Charleston moped accident lawyers are committed to victims’ rights. For us, moped crashes and other injury claims are not a sideshow. We focus exclusively on these areas, and our clients benefit from this focus. Because we employ proven methods, we are usually able to obtain results which exceed our clients’ expectations.
Electronic Evidence in Moped Accident Claims
Traditional evidence, such as witness statements and medical bills, often form the foundation of a successful injury claim. However, that’s not always the case. Witness statements, or rather the lack thereof, are a good example. Lack of visibility is the root cause of many of these wrecks. Drivers simply don’t see mopeds until it is too late. The same lack of visibility often affects witnesses. Sometimes, credible witness testimony is hard to find in these cases.
Electronic evidence, such as a vehicle’s Event Data Recorder, sometimes fills in the gaps. Device capability varies by make and model vehicle. Generally, however, most EDRs measure and record items such as:
- Engine RPM,
- Vehicle speed,
- Brake application, and
- Steering angle.
An attorney, often when working with an accident reconstruction professional, can put these bits of evidence together like pieces of a jigsaw puzzle. Once jurors see a clear picture of the events, they are much more likely to award maximum compensation.
There are some special procedural hurdles in this area. For example, South Carolina has very strict vehicle information privacy laws. So, our Charleston moped accident lawyers usually must obtain court orders before they can inspect and download EDR information.
Camera footage plays a part in many wrecks as well. At least one high-definition camera covers pretty much every stretch of roadway in Charleston. This evidence is sometimes more compelling than eyewitness testimony. Frequently, a picture is worth a thousand words, especially in a court setting.
Liability Issues
In a moped injury claim, the aforementioned jigsaw puzzle usually is the ordinary negligence doctrine or the negligence per serule.
Most noncommercial drivers have a duty of reasonable care. If they breach that duty, they could be liable for damages. Negligence per se is a violation of a safety law. If tortfeasors (negligent drivers) violate safety laws and cause wrecks, they could be liable for damages as a matter of law.
Device distraction claims are a good illustration of the difference between these two legal principles. South Carolina has a very limited cell phone ban. It usually only applies to texting and driving. So, if a driver was texting prior to the crash and emergency responders issued a citation, the negligence per se rule could apply. However, most of these victims must use the ordinary negligence doctrine.
The dangers of hand-held device distraction are well documented. Hands-free devices might be even worse for drivers. According to one study, driving while using a hands-free speakerphone is as bad as driving drunk.
Connect with a Savvy Charleston County Moped Accident Lawyer
All injury victims are entitled to fair compensation for their serious wounds. For a free consultation with an experienced Charleston moped accident lawyer, contact the Gus Anastopoulo Law Firm. Home, virtual, and hospital visits are available.
