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fatalities associated with motorcycle accidents has increased as mandatory helmet laws have been partially or totally repealed in a growing number of states.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.