Mississippi Motorcycle Accident Lawyers
With Personal Injury Law Offices in Oxford and Tupelo
Getting hurt while riding your motorcycle can be truly traumatic. Not only are you likely in a lot of physical pain, but you may be experiencing a lot of emotional anguish. This is a tough time for you. We want to make it easier. We care about getting you justice for the wrongdoing that left you with your whole life shaken up. Call our Mississippi motorcycle accident lawyers as soon as you can to get a free consultation. Accidents involving motorcycles can be devastating. Even motorcyclists wearing the proper protective gear can be subject to severe physical injuries and, in some cases, even death. If you were injured in a motorcycle accident, you have the right to seek compensation with a personal injury claim. Brad Morris Law Firm, PLLC can help you hold the responsible driver accountable.
Common Causes of Motorcycle Accidents
Due to the size of a motorcycle compared to a car or a truck, motorcyclists are particularly at risk for accidents and serious injuries. Motorcycle accidents are often caused by:
- Drivers making left turns into the path of a motorcyclist
- Vehicles switching lanes into a motorcyclist’s path
- Inattentive or negligent drivers
- Head-on collisions
- Intoxicated drivers
- Faulty motorcycle parts or mechanical errors
Whether another driver or the motorcycle manufacturer is at fault for your accident, you need financial support during this difficult time. The Mississippi motorcycle accident attorneys at Brad Morris Law Firm, PLLC can help you fight for the compensation you deserve.
How a Motorcycle Accident Case Works from Start to Finish
The case begins the moment right after the collision. Ideally, you will either collect evidence yourself or have someone come onto the scene before it’s cleaned up in order to collect evidence for you. You will want to:
- Take photos and videos of the whole scene
- Get contact information from anyone who saw the accident happen
- Get insurance information from the other driver(s) involved
Make sure at this time you don’t say to anyone that you caused the accident. That can hurt your claim. The next part of the process of a motorcycle accident is to get IMMEDIATE medical attention. Do not delay. We understand that you likely have other things you feel like you need to do, but you cannot put off taking care of yourself. From here, you need to understand the parties involved in the claim process. Parties include:
- You, the plaintiff
- The driver who caused the accident (aka, the liable party)
- The insurance company who represents the liable party
- Your Mississippi motorcycle accident lawyer
When you file a claim, in essence, you are telling the insurance company to cover your damages.
Mississippi Motorcycle Laws
As a motorcyclist, it’s important that you understand the laws that affect you while riding in Mississippi. At times, these laws can even play a part in pursuing a personal injury lawsuit.
What is the Mississippi Helmet Law?
In 1974 Mississippi enacted the universal helmet law which requires all
motorcyclists, regardless of age or type of motorcycle, to wear a helmet while riding. All helmets must be in compliance with the specifications set forth in Mississippi Statute Title 63, Ch. 7 §63-7-64
Is Lane Splitting Legal in Mississippi?
“Lane splitting” refers to when motorcyclists drive between lanes (i.e. on the white line) in order to get around or between other cars on the road. While some states explicitly forbid lane splitting, Mississippi legislature (as of September 2019) neither protects, nor forbids, lane splitting.
How Compensation Works
Now you know the way the claim works. The goal is to get fair compensation. That either comes from the settlement agreement your lawyer and the insurance company comes to, or you can take the claim all the way to trial if the parties cannot come to an agreement on a fair settlement. At trial, a judge and jury will determine a fair compensation award. The damages that are covered include:
- Pain and suffering/emotional damages
- Lost wages
- Medical expenses
- Vocational rehab in some cases
The amount of compensation you will be awarded is determined based on a number of factors. You won’t know until you are pretty far into the claim. However, you can generally expect that the worse the damages are, the more your case will be worth.
Who is to Blame? Why Does it Matter?
A motorcycle accident would never happen unless someone did something wrong. When someone is acting careless or negligent and that causes an accident, they are the liable party. You are a victim of a liable party and you deserve justice. Maybe by bringing this claim and punishing the liable party, you can prevent them from behaving the same way again and hurting someone else, too. If there were many vehicles involved in your accident, your Mississippi motorcycle accident lawyer can help you determine who is to blame. When we get a compensation award, sometimes it is as straight forward as getting the full amount. Other times, when there is shared blame, it can affect what you are allowed to collect. Mississippi follows pure comparative negligence. That means that if you have some blame to share for your motorcycle accident, you may have your compensation award reduced. Here’s a scenario that shows how this works: Adam was on his motorcycle. Fran was in her car. Fran checked her phone and swerved a little doing so. Adam didn’t want to be behind a swerving car, so he sped up a little to try to get around. Right at this moment, Fran swerved into Adam causing a collision. Investigation may show that Fran was 60% at fault, while Adam was 40% at fault. Fortunately, you are allowed to collect compensation, if you share fault in Mississippi. Adam will be allowed to collect 60% of his compensation award which turns his $100,000 into $60,000 to account for his role in causing the accident. Our Mississippi motorcycle accident lawyers will work hard to prevent this from happening to you. Understand, though, that motorcyclists are generally seen with a bias. People think that because you ride a motorcycle, you are more dangerous on the road. That is why it is so important that you choose the right lawyer. You want to pick someone who knows how to handle motorcycle cases specifically.
Going Farther than Your Insurance Company
You cannot always count on your insurance company to keep your best interests at heart. After an accident, your insurance company may try to help you seek damages but may also urge you to settle for less than what you are legally owed. That’s where our Mississippi motorcycle accident lawyers can help. When you are seeking damages from another driver or a manufacturer, you are going up against their insurance company, too. Insurance companies are powerful, for-profit businesses that will do everything in their power to avoid paying you the compensation you are entitled to. With a skilled attorney on your side, you are better equipped to fight back and make sure you walk away without leaving money on the table.
Call Our Mississippi Motorcycle Accident Lawyers Today
You deserve to have someone on your side who will fight for your justice. These motorcycle cases can be tricky, and you should have a Mississippi motorcycle accident lawyer who has handled cases like this before. Call us right away to get a free consultation. We can help!