Choosing a Motorcycle Accident Attorney

Because motorcycle accidents come with their own unique set of circumstances, choosing a qualified personal injury attorney with an extensive background in motorcycle accidents can be extremely important. Your chosen attorney must have a clear understanding of the issues surrounding a motorcycle accident including potential jury and police bias against motorcyclists. Unfortunately, there tends to be a stigma attached to motorcyclists that can be hard to overcome—many people believe that motorcyclists are inherent risk takers therefore the accident must have been the fault of the motorcycle rider.

In fact, the motorcycle riders today tend to be a much older group than in the past. Baby boomers make up over forty percent of motorcyclists and as a general rule these motorcyclists will use the same caution when driving a motorcycle that they do when behind the wheel of their car. Nonetheless your motorcycle attorney must be cognizant of the potential biases against motorcyclists and be able to overcome them at trial.

Motorcycle Attorneys Who Fully Understand the Situation

Next, your motorcycle accident attorney must fully comprehend the reconstruction of motorcycle accidents in order to definitively prove fault.  The attorney must then be able to present the case in such a way that the insurance carrier understands and accepts the motorcycle rider’s side of the case. The best motorcycle accident attorneys have important contacts with industry experts who will help present your case clearly in a courtroom, allowing you to get the settlement you deserve.

Your attorney will know how to work with your physicians in order to ensure you receive the best care for your injuries. This knowledge will extend to ensuring your physicians can present your case in the clearest manner to the jury so they will get a good sense of how much the accident altered your life.  The motorcycle attorney you choose will know that the case must be started immediately. In many cases it can take over twelve month to get to the point of a trial. Because of the lag in the court systems you don’t want to choose an attorney who allows your case to languish on his or her desk for a couple of years in the hopes it will settle without the necessity of a trial.  A motorcycle accident case can always settle your case after it is in the court system. On the flip side, if the case is not entered into the court system, it can be impossible to make up for lost time.

Experience Equals Maximum Settlement

Your motorcycle accident attorney will know how to best portray your motorcycle injury case in order to show everything that is owed to you so you will receive the maximum settlement. The best motorcycle attorney fully recognizes the expenses you may be entitled to include medical expenses—past, present and future—expenses for a rental car, repair and replacement costs for your motorcycle, lost wages, future loss of earnings and anything else the attorney feels may be applicable. Ask your prospective motorcycle attorney about his or her past cases and record for obtaining equitable settlements for clients. Your chosen attorney must be able to show how your injuries have affected your life on both a daily and a long-term basis. Each case has its own distinctive features and warrants the effort it takes to present it properly to the insurance company as well as a jury.

Issues to Consider

Following your attorney’s track record for success you must consider their level of investigative resources which are crucial to proving who was at fault in the accident. Whether distracted driving, excessive speed, drug or alcohol use or another action by the at-fault party were a factor, your attorney must be able to definitively prove those issues.  Finally you will want to ensure that clear, two-way communication between you and your attorney is present. Without this level of communication your case may not proceed smoothly. Choose your motorcycle accident attorney carefully and that choice will pay off in the end.

 

 

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Unique Factors in Motorcycle Accidents

Being involved in any type of accident can be traumatic, however those who find themselves victims of motorcycle accidents will most often end up with more severe injuries as well as a unique set of circumstances not experienced by those in auto accidents. Not only will the injured motorcyclist suffer, his or her family members are often victims as well. Because a motorcyclist has virtually no protection from a three thousand pound steel and glass auto other than a helmet and possibly protective clothing, the resulting injuries can be catastrophic.

Between 4000 and 5000 motorcyclists lose their lives each year in collisions with automobiles with another 100,000 plus being severely injured. While motorcycle helmets definitely save lives only a little more than half of all motorcyclists actually wear a helmet when they ride. In fact, helmets are estimated to be 38 percent effective in preventing fatal injuries to motorcyclists, yet many states have dropped their helmet laws, making the wearing of a motorcycle helmet voluntary rather than mandatory.

Factors in Motorcycle Accidents

There are a variety of factors involved in motorcycle accidents however first and foremost is the issue of reduced visibility. Auto drivers are notoriously lax in spotting motorcycles which leads to an increase in accidents.  Motorcycles are simply smaller visual targets and much more likely to be obscured by other vehicles as well as road and weather conditions. The number one area in which motorcyclists are hit by automobiles is in intersections as the driver of a car makes a left hand turn either not seeing the oncoming motorcyclist or misjudging the speed of the motorcycle.  Approximately seventy percent of motorcycle and automobile collisions occur in intersections. Drivers also fail to see motorcycles traveling in the next lane and will suddenly change lanes, sideswiping the motorcyclist.

Many times drivers also fail to see motorcyclists as they back from their driveway or parking space. Drivers also will open their doors into traffic causing the motorcyclist to either collide with the door or swerve dangerously in an attempt to miss it. Road hazards which a full-sized car may have no real trouble with can lead to a serious motorcycle accident. Pavement height changes which occur when the roads are being resurfaced or potholes which have not been repaired can cause serious issues for a motorcyclist. Inclement weather can also lead to motorcycle collisions particularly when fog or rain lessens the motorcyclist’s visibility even more than it normally is.

Statute of Limitations and Jury Bias

Depending on the state where the motorcycle accident occurred, the statute of limitations can be a significant factor in a motorcycle accident. Should the motorcyclist miss that window of opportunity, they will be barred from ever receiving compensation for their injuries and damages. In many states the statute of limitations in two years, but in some states it can be even less. State insurance laws can be significantly different from motorcycles to automobiles, so those involved in a motorcycle accident must consult with a knowledgeable personal injury attorney in order to receive equitable compensation for the negligence of another.

Finally, the motorcycle itself can become a factor in recovering compensation when a collision occurs. Unfortunately many jurors and even police officers have a bias against motorcycle riders, believing they are risk-takers and drive at excessive speeds. In reality, a large percentage of today’s motorcyclists are over fifty and ride their motorcycles with the same caution they exercise when driving an automobile.  It is very important that you meet with a skilled motorcycle accident in order to have your potential claim evaluated following a motorcycle accident.

 

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Lawsuits Involving Defective Motorcycle Parts and Equipment

When motorcyclists start out on a trip on their bike they expect that every component on the motorcycle will work as it was meant to do. When a motorcycle collision results from a defective motorcycle part it may be necessary for the motorcyclist to retain the services of an experienced personal injury attorney in order to receive reimbursement for injuries and damages.  The motorcyclist has the same rights when he is injured by a defective motorcycle part as he would if he were injured by a reckless driver. Suppose you were involved in an accident but were not really sure if it was caused by a defective part.

How Do You Know if Your Accident Was Caused by a Defect?

Some things that should make you suspect a defect include a malfunction on one of the tires—particularly if they are fairly new—strange wobbles or noises prior to the crash, a malfunction that appears to have no real reason or a crash which occurred in good weather and did not involve driver impairment or excessive speed. Motorcycles are meant to be designed with the rider’s safety in mind therefore any company that designs or produces defective or unsafe products must be held liable.  If you believe your motorcycle has a defective part or design following a crash, you must be able to prove three things in order to receive compensation for the defect.

You must prove the part was in fact defective, that it came to you that way and that it directly caused your injury or accident. Evidence is critical in a situation involving defective equipment or parts so you must ensure you keep every single part or piece as well as all instructions and labeling that came with your motorcycle. Your purchase receipt for the motorcycle or part as well as any injury or death documentation will all be necessary forms of evidence.

What Kinds of Defects are Most Common?

Any time a single piece of a motorcycle neglects to operate properly your entire motorcycle and your safety could be in serious jeopardy. This means that a tire defect, a problem with the braking system, tires or transmission and engine could lead to a collision and subsequent injuries. In the same way, a motorcycle helmet which is defective can cause grave or fatal injuries in the event of an accident.  Other types of defects can include shock absorber failure, stuck throttles, failure of the chain, improper dealer assembly or defective pedals and toe clips. Some of the most common defects on motorcycles include handlebar defects which cause wobbling and uncontrollable shaking, rear tire defects which causes imbalances due to misalignment and fuel line defects which cause fires and overheating.

Injuries From Motorcycle Accidents

Once a motorcycle accident occurs it is likely that very serious injuries will be sustained. Brain trauma, serious road rash, disfigurement, spinal cord injuries which lead to paralysis, internal injuries and fractures are some of the more common injuries suffered by motorcyclists involved in an accident which is due to a faulty motorcycle part. Manufacturers must be held accountable when they are responsible for manufacturing a defective or dangerous product. If your accident was directly caused by a defective motorcycle part you must get qualified legal assistance. These cases can be very complex and require an attorney who has significant background and experience with motorcycle cases and product defect cases. Don’t let too much time pass before speaking with a qualified lawyer regarding your options.

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Motorcycle Accidents Caused by Following Too Closely

Over 80,000 motorcyclists are injured in traffic crashes with thousands of fatalities. In as many as three-quarters of all accidents in which a motorcycle and a passenger car were involved, the motorcyclist was not at fault. There are many specific causes of motorcycle accidents however the primary cause is simple lack of visibility coupled with drivers of passenger vehicles who don’t take the extra time and caution to look for motorcyclists sharing the roadways. A fairly large portion of motorcycle accidents occur in intersections and when vehicles either back out of their driveway or a parking space at a store.

Drivers often misjudge the speed and distance of an oncoming motorcyclist, making a left-hand turn directly in front of the motorcyclist. The motorcycle rider is unable to stop or make any type of defensive maneuver therefore slams directly into the side of the car. Other times vehicles will change lanes on freeways or in the city without looking for a motorcyclist, sideswiping the motorcycle rider and sending him careening into other traffic. In the vast majority of motorcycle accidents the motorcyclist’s right-of-way has been violated although there are instances in which excessive speed or an inexperienced motorcycle driver can lead to an accident as well.

Following Too Closely and Driver Distraction

Many motorcyclists end up being hit from behind from a vehicle which is following much too closely. These accidents are either caused by reckless or aggressive drivers who are impatient and in a hurry and simply want the motorcyclist to get out of their way or they are caused—like many other accidents—by driver distraction. Driver distraction is a major cause of all auto accidents and can come from many sources.

Despite the latest legislation in many states drivers still talk on their cell phones and even text while they are supposed to be driving. Texting has been deemed to be almost as dangerous as driving while impaired, yet drivers continue to engage in this extremely dangerous behavior. Drivers have been known to read a map, read a book, apply makeup or turn around to swat the leg of a misbehaving child while they are driving. Still others fiddle with their radio, listen to music on headphones, try to change the settings of their GPS, look at what’s happening on the side of the road, chat with their passengers or simply daydream when they should be driving.

Why Motorcyclists Must Drive Defensively

Any of these behaviors can be deadly when an unprotected motorcyclist is ahead of the driver and whatever distraction the driver is laboring under causes them to neglect seeing the motorcycle who has come to a stop in front of them. Motorcyclists are not nearly as likely to engage in distracted driving and must drive defensively to avoid being hit by a distracted or negligent driver. Motorcyclists involved in an accident with an automobile will likely be severely injured or even killed.

Broken bones, spinal cord damage, traumatic brain injuries, varying degrees of paralysis, road rash which leads to infection and disfigurement are only a few of the extremely serious injuries a motorcyclist can sustain when a driver who is following too closely rams into the back of the motorcycle. Because motorcycle accidents generally come with a different set of complexities, it’s important that a motorcyclist injured by a driver seek highly experienced legal counsel. It’s time to concentrate on healing while your attorney concentrates on aggressively advocating for your future.

 

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What are the Odds of Surviving a Motorcycle Accident?

The sheer size difference between a motorcycle and an automobile are the first danger to a motorcyclist during an accident, while the second is the fact that the motorcyclist is extremely vulnerable due to lack of any protection other than possibly a helmet and protective clothing. The driver of an automobile has the advantage of a heavy steel cage surrounding them as well as safety equipment such as airbags and seat belts. Motorcycle accidents are among the most disastrous collisions on the road yet because of certain biases against motorcyclists they may not get the compensation they fully deserve after being struck by a negligent or distracted driver.

The Dangers of Driving a Motorcycle

Motorcycle riders involved in crashes with automobiles are nearly forty times more likely to die and at least eight times more likely to be seriously injured than the passengers and driver of the passenger car. Distracted drivers are a huge factor in motorcycle accidents and, actually, all accidents. Our increasingly busy lives have led to drivers who get behind the wheel and engage in a variety of behaviors other than actual driving. They may be watching what’s happening on the side of the road, reading billboards, checking their makeup, reading a map, trying to find a radio station they like, talking on their cell phone or worse, texting, or scolding the children in the back seat. Whatever they’re doing, it’s not paying attention to those around them and this inattention can lead to tragedy.

Taking the Extra Time to Ensure the Motorcyclist is Seen

While the smaller motorcycle may be more difficult to spot, drivers have a responsibility to spend an extra few seconds ensuring they are not about to crash into a vulnerable motorcyclist who is doing nothing wrong, and following all rules of the road. Many motorcycle accidents occur in intersections when a car makes a left-hand turn, seriously misjudging the speed and distance of an oncoming motorcyclist. The rider of the motorcycle has absolutely no choice but to slam into the side of the car which will obviously lead to extremely serious injuries or death. Drivers often change lanes on a freeway or city street without taking the time to look for motorcyclists or back out of driveways or parking spaces looking only for other cars.

Motorcycle accidents can also be caused by road hazards which have little impact on the automobiles on the road. While a deer can damage a car it is unlikely to kill the driver. On the other hand when a motorcyclist slams into a deer the consequences can be deadly. Minor differences in road height, potholes or debris in the road can be relatively harmless to the driver of an automobile yet can lead to extremely serious accidents for the motorcyclist. Weather conditions are also a factor in motorcycle accidents; a motorcyclist sliding across an icy or slick road can lead to an impact with another vehicle or a fixed object such as a tree.

Getting Legal Help Following Your Motorcycle Accident

Those who have been involved in a serious motorcycle accident should immediately contact a knowledgeable personal injury attorney who is highly skilled in motorcycle accidents in particular. Because motorcycle accidents are typically much more complex than auto accidents, it’s essential that an experienced attorney advocate on your behalf to obtain equitable compensation for your injuries and damages.

 

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Mistakes That Can Hurt Your Motorcycle Accident Case

Motorcycle collisions are among the most dangerous type of accidents with over 3,000 fatalities and 50,000 injuries among motorcyclists in the United States each year. Those motorcyclists who routinely use their cycle as their primary form of transportation are thirty-seven times more likely to die in a collision than automobile passengers or drivers.  The reason motorcycle riders are most often either grievously hurt or killed upon collision with an automobile is mainly because of the complete absence of protection around the motorcycle rider.  Those inside an automobile have at least a modicum of protection in the form of the metal cage enclosing them as well as the safety features incorporated into most automobiles such as seatbelts and airbags.

The motorcyclist has only a helmet—if worn—and perhaps leather leggings which could possibly lessen road rash injuries. Further, due to the stigmas attached to motorcycle riders by many people, trying a case in which a motorcyclist was involved can be quite complex. Juries may tend to assume the motorcycle rider was at fault simply by virtue of their perception of those who drive motorcycles as aggressive risk-takers. Actually, the overwhelming majority of motorcycle accidents are not the fault of the motorcyclist, yet the cards may be stacked against you from the beginning. There are several things you can do to avoid making mistakes which will further jeopardize your case.

Never Sign Anything

Insurance companies almost never have your best interests at heart despite the abundance of television insurance commercials showing friendly, compassionate people who only want to help. The insurance company is interested in one thing—their bottom line. Because of this, insurance adjusters are trained to use any tactic possible to get you to settle for less than you deserve. Until you have legal counsel in your corner, do not talk to an insurance adjuster and never sign anything the insurance company asks you to.

Never Discuss Your Injuries on the Internet

As tempting as it may be to post pictures of your injuries on Facebook or tweet your friends about your accident–resist the urge. Further, once you begin healing continue to resist that urge. Insurance companies are trained to check for information about your injuries everywhere they can. Should you post a photo of yourself horseback riding with your family two weeks after your reportedly-serious motorcycle accident and could hurt your claim. Try to avoid talking about your case to anyone other than your lawyer if at all possible.

Don’t Neglect Documenting Your Injuries

One of the primary ways accident cases can go awry is simply from lack of organized documentation.  From the time your accident occurs you must be vigilant in documenting every single issue surrounding the accident and your subsequent injuries. Have someone take photographs of your injuries and write down everything you could do prior to the accident but are now unable to do—whether temporarily or permanently. Keep every medical receipt including those for prescriptions, therapy, chiropractors—basically any and every receipt which has to do with your accident. A daily journal will help you remember details you might otherwise forget over time.

Never Miss Doctor’s Appointments

Even if you have a really good reason, missing a doctor’s appointment will give the impression that you are simply looking for an insurance handout rather than doing your best to heal. Be on time for your appointments and follow any advice given you by your physician.

Finally, hire an attorney at the earliest possible time. Trying to handle your motorcycle accident injury case is a huge mistake as most of these cases are practically impossible to navigate without legal assistance. The highly experienced motorcycle accident attorney will understand the particular mechanics of motorcycle operations as well as the dynamics of the accident. The aftermath of a motorcycle accident is difficult and anxiety-producing. Let a knowledgeable motorcycle attorney take some of the worry from you, allowing you to heal.

 

 

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Dispute Brewing of Motorcycle-Only Checkpoints

Few people would deny that motorcycles pose a higher accident risk and greater possibility of suffering permanent debilitating injuries than passenger vehicles.  Motorcycles require a special skill set because of their unique handling features.  When Mississippi motorcycles accidents do occur, they typically result in more serious injuries particularly when riders are not wearing motorcycle helmets.  Approximately 4,500 motorcyclists per year die in fatal motorcycle accidents.  The disproportional risk associated with motorcycle collisions has led to a contentious dispute in Washington D.C. over the use of “motorcycle-only checkpoints.”

A provision inserted into a proposed House transportation bill would prohibit the Department of Transportation from providing funding to state or local governments for conducting motorcycle-only checkpoints.  The controversy over these vehicle specific safety inspection roadblocks arises out of a grant made to Georgia of $70,000 last year and scheduled to be paid to the state again this year for operating these motorcycle safety inspections.  These motorcycle checkpoints are similar to vehicle safety checkpoints or DUI roadblocks.  Law enforcement agents signal motorcyclist to stop, then safety inspections are conducted covering compliance with the mandatory helmet law, possession of a valid motorcycle drivers’ license and the condition of the bike.

Critics of the checkpoints including those supposing the provision prohibiting federal funding for these motorcycle-only checkpoints argue that they represent intrusive overreaching by the government.  Some also contend that it is unfair to design checkpoints that only apply to a certain type of motor vehicle.  Those that oppose the motorcycle checkpoints also suggest that motorcycle safety should be based on crash prevention as opposed to arbitrary stops of random riders.  Those who support the use of motorcycle safety roadblocks argue that singling out motorcycles is no different than seatbelt checkpoints where motorcycles are excluded from the obligation to stop and undergo inspection.

One strong justification for the motorcycle safety checkpoints is rooted in the fact that many motorcycle accidents are caused by inexperienced and unlicensed riders.  The National Highway Safety Administration reports that 22 percent of fatal motorcycle accidents are caused by unlicensed riders while only twelve percent of fatal passenger vehicle accidents involve unlicensed drivers.  Because a substantial portion of the motorcycle checkpoint violations involve the violation of helmet laws, groups that view mandatory helmet laws as an unreasonable intrusion on personal liberty also oppose the motorcycle only checkpoints.

While it is unclear whether the provision will become law, proponents argue that the funds could be allocated more efficient to motorcycle education programs aimed at reducing motorcycle crashes.  Regardless of one’s position on this issue, it is beyond dispute that many Mississippi motorcycle riders are injured and killed annually in collisions with motorists who fail to pay attention or obey traffic safety laws.  If you or someone you love is injured or the life of a loved one is lost in a Mississippi motorcycle accident, our experienced Mississippi motorcycle accident attorneys at Barrett Law are committed to holding careless motorists accountable and seeking fair compensation for injury victims.  The experienced Mississippi motorcycle accident attorneys at Barrett Law have been providing effective representation to Mississippi injury victims for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

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Frequently Asked Questions (FAQs) Mississippi Motorcycle Accidents

Motorcycle accidents can lead to horrific injuries because of the lack of structural protection offered by the vehicles.  The danger to motorcyclists is only increased by the lack of attention and indifference by drivers of other motor vehicles.  Some motorists still harbor unfounded stereotypes about motorcycles enthusiasts involving “biker gangs” and criminal activity.  The reality is that the motorcycles have become popular among those from all walks of life and socioeconomic classes.  Motorcycles offer a fuel efficient low cost form of transportation for commuting to work, traveling the Mississippi back roads and engaging in recreational activity.

Over a 100,000 motorcycles per year are involved in collisions which result in more than 4,500 fatalities.  Because so many people suffer serious injury or wrongful death in motorcycle accidents, our Mississippi motorcycle accident attorneys have provided effective legal representation to many motorcycle accident victims throughout Mississippi.  We receive many questions from motorcycle accident victims and their families so we have provided some basic answers, but we invite you to call and speak with one of our Mississippi motorcycle accident attorneys if you have further questions.

What are the most common causes of Mississippi motorcycle accidents?

Motorcycle accidents are most typically caused by the driver error.  When a driver of a passenger vehicle fails to take reasonable care to avoid causing injury to a motorcyclist in a collision, the driver may be liable for damages in a personal injury claim.  The most common types of negligent driving that cause motorcycle accidents include:

  • Drivers not paying attention because they are talking or texting on a cell phone
  • Other forms of distracted driving
  • Motorists who fail to check their blind spot for motorcycles
  • Drivers who engage in last minute maneuvers that do not give motorcyclists sufficient response time
  • Alcohol and drug impaired drivers
  • Motorists who do not adhere to the Mississippi Rules of the Road

 

Are all Mississippi motorcycle accidents caused by driver error?

No, some Mississippi motorcycle collisions are caused by equipment failure, defective motor vehicles or motorcycles and defective roadways.  When these types of factors contribute to a Mississippi motorcycle accident, the motorcycle manufacturer or public entity that is responsible for maintaining the roadway may be viable defendants.

What factors make motorcycles particularly dangerous?

Motorcycles offer none of the safety equipment that is standard in a passenger vehicle, such as seat belts, protective vehicle frame, air bags and similar safety features.  Motorcycles also lack stability, and they are extremely unforgiving in an emergency.

Is it necessary to pursue a lawsuit to obtain compensation for injuries in a Mississippi motorcycle accident?

Because of our success in obtaining financial compensation for many motorcycle accident victims in Mississippi, we often are able to persuade insurance companies to settle motorcycle accident claims without filing a lawsuit or without a trial.

What types of compensation are available in a Mississippi motorcycle accident claim?

There are a wide range of damages available in motorcycle accident claims that vary slightly based on the specific circumstances of your Mississippi personal injury claim.  Common damages we may be able to seek on behalf of a Mississippi motorcycle accident victim include:

  • Lost current and past earnings
  • Medical and rehabilitative expenses
  • Pain and suffering
  • Future disability and impaired earning ability
  • Impaired of quality of life
  • Loss of consortium (diminished marital relationship)

If the other driver’s conduct is particularly unacceptable and reckless, punitive damages may also be available.  If the accident results in a fatality, the court may also award damages for funeral and burial expenses.

Our goal is to provide our clients with aggressive and effective legal representation and to provide easy to understand and accurate legal advice.  While we have tried to answer some of the most common inquiries we receive about motorcycle accidents in Mississippi, we recognize that you may have more detailed questions.   The experienced Mississippi motorcycle accident attorneys at Barrett Law have been providing aggressive representation to motorcycle accident victims for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

 

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Mississippi Motorcycle Accidents Frequently Asked Questions FAQs

Motorcycles are increasing in popularity both with those looking for a more cost effective mode of transportation, and those who wish to ride a motorcycle as a form of recreation while seeing the back roads of Mississippi.  The danger posed to motorcycle riders is increased by continuing inaccurate stereotypes that riders are lawless outlaws.  Most passenger vehicle drivers do not realize that two-thirds of all motorcycle accidents are caused by drivers of passenger vehicles.  The rate of severe injuries and fatalities associated with motorcycle accidents has increased as mandatory helmet laws have been partially or totally repealed in a growing number of states.

Because our Mississippi motorcycle accident law firm has been representing motorcycle accident victims for decades, we receive lots of questions from those involved in motorcycle accidents.  While the best way to obtain legal advice if you are involved in a motorcycle accident in Mississippi is by speaking with one of our knowledgeable Mississippi motorcycle accident attorneys at Barrett Law, PLLC, we have provided some answers to frequently asked questions below:

How prevalent are motorcycle accidents that result in serious injuries or fatalities?

Motorcycle accidents result in a disproportionate number of severe injuries and fatalities.  Motorcycle accidents account for four times the number of accidents than would be expected based on the number of motorcycles on the road when compared to other types of vehicles.  Collisions involving motorcycles are not only more common than accidents involving other motor vehicles they also result in more serious injuries.  Motorcycles are 5.5 times more likely to be involved in a fatal accident than other motor vehicles based on the number of registered vehicles.  The numbers are even more startling when considered on a per mile driven basis.  A motorcyclist is 35 times more likely to be killed in a fatal collision than the occupant of a passenger vehicle on a per mile driven basis.

Am I required to wear a motorcycle helmet under Mississippi Law?

Unlike other states that have enacted total or partial repeals of universal helmet laws, Mississippi requires all motorcyclists to wear helmets when operating a motorcycle.

Does it affect my Mississippi personal injury lawsuit if I was not wearing a helmet at the time of my motorcycle accident?

Generally, you can still pursue a personal injury lawsuit even if you were not wearing your helmet at the time of the collision.  However, your failure to wear your helmet may reduce the measure of damages that you recover in a motorcycle accident if you suffer a head or neck injury.  The judge or jury may assign a degree of fault for the severity of your injuries to you under the legal doctrine of comparative negligence.  The recovery you receive may be reduced by the proportion of fault assigned to you.  If your injuries were to a different part of the body like a rib injury, then your failure to wear a helmet would likely be irrelevant.

Who may I pursue a personal injury lawsuit against if I am injured in a Mississippi motorcycle accident?

The most common defendant in a motorcycle accident lawsuit in Mississippi is another driver.  Depending on the specific circumstances of your motorcycle accident, other potential defendants may include public entities for unsafe roads, vehicle manufacturers for defective vehicles or those who entrust a vehicle to an unsafe driver.

Is the police officer correct if he says that I was speeding because I left skid marks?

While skid marks are an accurate indicator of speed in a passenger vehicle, they are not a good indicator of speed with a motorcycle.  Motorcyclists typically cannot create a long skid mark from the rear wheel without losing control of the bike.    If a rider brakes hard with the front brakes, the back tire will typically lift off the roadway rather than leave a skid mark.

What damages can I recover in a personal injury lawsuit involving a motorcycle accident?

If you are involved in a motorcycle accident, you may seek the following damages depending on the specific circumstances of your motorcycle collision:

Lost income

Medical bills and hospital expenses

Compensation for pain and suffering and diminished quality of life

Diminished future income because of disability

Burial and funeral expenses (wrongful death action)

If you have other questions about your right to recover compensation for injuries suffered in a Mississippi motorcycle accident, we invite you to speak to an experienced motorcycle accident attorney at Barrett Law.  The experienced Mississippi motorcycle accident attorneys at Barrett Law have been providing tenacious representation to victims of unsafe and inattentive drivers for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

 

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New Technology May Reduce Severity of Mississippi Motorcycle Accidents

Few motorcycle enthusiasts would dispute the unique dangers associated with riding a motorcycle.  Motorcycles are less visible and stable and lack structural protection as well as safety equipment.  When a car, pickup truck, SUV or tractor-trailer collides with a motorcycle, the weight differential also contributes to the typically poor outcome for a motorcycle accident victim.  Even if a motorcycle enthusiast drivers extremely careful and is attentive regarding potential road hazards, this does not eliminate the increased danger associated with traveling by motorcycle.  When the driver of a passenger vehicle moves into your lane without checking the driver’s blind spot, even an experienced vigilant motorcycle rider may lay the motorcycle down and suffer serious injuries including traumatic brain injuries, spinal cord injuries, fractured or broken bones, severe road rash and even wrongful death.

Motorcycle enthusiasts are more likely to be involved in a collision because a bike is less stable and responsive.  While rider inexperience contributes to many motorcycle accidents, even experienced riders are vulnerable to the actions of negligent drivers.  Not only are motorcycle enthusiast more likely to be involved in a motorcycle accident, but they also face a much higher risk of suffering catastrophic injuries because they do not have the protection of a metal enclosure, air bags, seat belts and other safety equipment that is standard to other vehicles.

There are many types of negligent driving practices that put motorcycle riders as risk of being involved in a Mississippi motorcycle accident including:

  • Driver impaired by drugs or alcohol (DUI/DWI)
  • Fatigued or drowsy drivers
  • Drivers using a cell phone or otherwise distracted
  • Failure to check blind spots and mirrors when changing lanes
  • Unsafe turns
  • Failure to comply with traffic signals or stop signs

While there are no counter-measures that can completely overcome these dangers, new technology offers some hope.  Honda was the first to offer a motorcycle that was equipped with an air bag like a car that was placed in front of the rider and inflated in the event of a collision.  While this was an interesting innovation, it provides fairly limited protection against ejection and no protection if a rider actually is ejected from a motorcycle in a collision.  However, new types of motorcycle air bags are being designed in the form of a jacket that the rider wears and inflates in the event of a collision or motorcycle ejection. These jackets are being widely used by those involved in motorcycle racing.  While the jackets are still cost prohibitive for most consumers, less expensive models designed for the consumer market are expected soon.

The experienced motorcycle accident lawyers at Barrett Law applaud these efforts to make motorcycle enthusiasts safer in a Mississippi motorcycle accident.  The experienced personal injury attorneys at Barrett Law have been providing tenacious representation to accident victims for over 75 years.  We provide diligent legal representation and impassioned advocacy for our clients’ best interest so we invite you to call us today at 662-834-2376 to learn how we can help.

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