A recent crash involving a moped gave the Louisiana State Police the opportunity to remind motorcycle and moped riders to do what they can to ensure that other motorists see them. However, those reminders should not relieve motorists of their responsibilities to pay attention and watch for obstacles — including smaller vehicles and pedestrians. When a fatal car accident occurs, the at-fault driver should not be able to justify his or her actions by simply saying that they did not see the other vehicle, no matter how big or small it may be.
As a 33-year-old man on a moped traveled east on Louisiana 300 at approximately 2:35 p.m., a van heading north made a right hand turn onto the highway right in front of him. The moped driver did not have enough time to avoid colliding with the van, and he flew off the moped. He initially survived the crash and was transported to an area hospital for treatment. Unfortunately, hospital personnel were unable to save his life, and he succumbed to the injuries he suffered in the impact.
The driver of the van told troopers with the Louisiana State Police that he did not see the moped. A breath test given at the scene indicated that the van driver had not been drinking, but investigators are awaiting blood test results to confirm. It is not known whether charges against the van driver are being contemplated.
The family of the moped rider retains the right to file a wrongful death claim against the van driver even if criminal charges are not filed. It will be necessary to prove to the court that he was negligent before any award of damages will be considered. Should the court determine that the victim was partially responsible for the fatal car accident, any award will be reduced by the percentage of fault assigned to the victim by the court.