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Many of our Mississippi bicycle accident attorneys are biking enthusiasts.  We understand the harrowing experiences that the typical bicyclist experiences on a daily basis, including rude and insensitive motorists, lunging unrestrained dogs and shoddily maintained roadways.  We understand that the streets can be extremely unsafe for bicycle riders.  While the roads would be safer if the typical motorist was more sensitive to the vulnerability of bike riders, the reality is that many drivers consider bicyclists an annoying and unnecessary disruption to the flow of traffic.  Mississippi law provides that cyclists have the same rights to use our streets and roads as those driving cars, trucks and SUVs.  However, anyone who spends any time biking to work or for pleasure throughout Mississippi knows that many drivers are not the least bit concerned about bicycle and motor vehicle safety rules.

Bicyclists Are Extremely Vulnerable to Injury in Mississippi Bicycling Accident

A bicyclist is uniquely exposed to catastrophic injury and even death when they are involved in a collision with a motor vehicle in Mississippi.  Bicycles while good for the environment and your health provide absolutely no protection when you are involved in a collision with a motor vehicle weighing two tons or more.  Although estimates vary widely, bicycle accident data suggests that someone who rides a bicycle is in excess of ten times more likely to be killed in a motor vehicle accident than someone who is driving a passenger vehicle.  More than forty-four thousand people have died in bicycle accidents in the United States during the last seventy years.

We understand the staggering financial, emotional and physical challenges associated with bicycle accidents that may result in debilitating injuries and have an adverse impact on every aspect of a bicycle accident victim’s life.  Because bicyclists lack the structural protection that a motor vehicle offers, the risk of catastrophic injuries is extremely high.

How Do Most Mississippi Bike Accidents Occur?

Bicycles are subject to Mississippi laws that govern traffic rules for all motor vehicles.  These traffic safety rules provide right-of-way principles and other safety rules designed to keep drivers, bicyclists, pedestrians and everyone sharing the roadways safe. The lion’s share of serious bicycle accidents occurs when motorists disregard these rules of the road. Some of the most common causes of serious Mississippi bicycle accidents that our law firm handles include the following:

  • Drivers that suddenly pull out in front of bicyclist and cut them off
  • Failure of dog owners to keep their dog  on a leash to prevent them from lunging at bicyclists
  • Failing to check blind spots when moving into an adjacent lane
  • Drowsy drivers
  • Motorists driving while under the influence of alcohol, illegal drugs, prescription drugs and over-the-counter medications
  • Drivers that fail to obey stop signs and stoplights
  • Drivers distracted by iPods, cell phones, grooming, eating, drinking and any other type of driver inattention
  • Failure to allow a reasonable distance between a motor vehicle and a bicyclist
  • Motorists who do not look both directions before proceeding through an intersection
  • Product defects in bicycles

Our experienced Mississippi bicycle accident lawyers at Barrett Law provide the type of exemplary legal services that has helped us develop a reputation for effective and tenacious legal representation.  We make sure that insurance defense lawyers are on notice that we are prepared to seek a trial verdict unless the insurance carrier offers appropriate compensation for all of our client’s losses to provide a foundation for a high quality of life.  At Barrett Law, our experienced Mississippi personal injury lawyers represent injury victims throughout Mississippi.  Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.

A common factor in many bicycle accidents is the lack of respect and courtesy shown by drivers of motor vehicles like cars, trucks and SUVs.  For many motorists, a bicycle is really nothing more than an annoying obstruction to the flow of traffic.  Although bicyclists have the same rights to share Mississippi roadways equally with motor vehicles, they frequently are not treated that way by drivers.  Many drivers even presume that it is careless conduct by cyclists that causes the majority of bicycle accidents.

Insurance companies routinely defend Mississippi bicycle accidents by trying to shift blame to the cyclists for not stopping at red lights or stop signs, failing to wear visible bright clothing, wearing ear buds, or not using lights at night and other similar factors.  Despite this common tactic by insurance companies and assumption by many drivers, studies reveal that in most cases adult bicyclists are not responsible for their own injuries.  A study conducted in England found that while these factors do play a role in a small number of bicycle accident, they are very minor factors.  The study indicates the following frequency for such factors in bicycle collisions with motor vehicles:

Lack of visible clothing:                                                      2.5 %

Cyclist violations of stop signs and red lights:              2.0%

Failure to use lights:                                                            2.0%

The study revealed that some form of driver negligence was involved in bicycle accidents  between 60-75 percent of the time when the cyclist was an adult rider.  The study makes clear the importance of carefully supervising children when riding bikes.  The rate at which children commit an error and get injured in a bicycle accident is far greater than for adults.  When a child bicyclists is involved in a collision their riding behavior may be a significant contributing factor to a bicycle crash almost 75 percent of the time.

Whether you are a child or an adult that is involved in a bicycle accident, the insurance company for the driver will usually point to actions that the you took or failed to take that a reasonably prudent person would have to protect oneself.  This legal concept is referred to a comparative negligence.  It is important to keep in mind that even if the police report indicates that you were the primary or secondary cause of a bicycle accident this does not necessarily preclude you from recovering compensation for your bicycle accident injuries.  Under Mississippi personal injury law, a bicyclist may recover damages for injuries and loss even if the cyclist is 99% responsible for the bike accident and the driver is 1% responsible.  However, the cyclist measure of compensation will be reduced in proportion to the cyclist degree of fault.

If you or a loved one is injured or a family member dies in a Mississippi bicycle accident, you may be entitled to seek compensation for your injuries regardless of whether you partially the cause of the accident.  Drivers of passenger vehicles are the cause of most injuries to cyclists, particularly adult riders.  At Barrett Law, our experienced Mississippi personal injury lawyers represent injury victims throughout Mississippi.  Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.

 

Each year there are over 600 bicycle fatalities in the United States, and over 50,000 injuries which result from a bicyclist and a car colliding. Although the numbers have actually gone down through the past few years—a seventeen percent reduction since 1998—there are obvious risks associated with riding a bicycle in traffic. When you consider that bicyclists account for one percent of all trips in the United States, yet bicycle fatalities represent just under two percent of all traffic fatalities, you can see that riding a bicycle among the much bigger, much heavier cars, can be a dangerous proposition.

Almost ninety percent of all bicyclists killed are male, eighty percent of those injured are male and sixty-five percent of those killed are between the ages of 25 and 63—with an average age of bicyclists involved in a crash being approximately thirty-one. The risk of riding a bicycle varies widely depending on the time of day, the rider’s level of experience, the area the bicyclist is riding in, whether there is alcohol involved, however the health benefits of riding a bicycle on a regular basis do somewhat offset the risks.

The Perception Motorists Have of Bicyclists

The majority of people who travel only by car tend to believe, at least to some extent, that cyclists are a rather reckless group who take their lives into their hands every time they hit the streets, and don’t fully recognize the obvious dangers. The truth is, the occasional irresponsible bicyclist who throws caution to the wind, winding in and out of traffic and ignoring pedestrians and traffic laws is the exception rather than the rule.

Most cyclists are alert and respectful of the cars and pedestrians who share the road with them, and use caution and good judgment when they ride through traffic. More public education could go a long way in dispelling the misperceptions people have toward bicyclists, and more care and less distractions on the part of automobile drivers could greatly reduce the incidence of auto-bicycle accidents and fatalities. Most cyclists know to watch out for the distracted, negligent or reckless driver, not to mention swinging car doors and jaywalking pedestrians—not to mention road hazards—but it’s simply not feasible to anticipate every single possibility.

Where Do Most Bicycle Accidents Occur?

Although the majority of bicycle accidents happen in those cities with the highest populations, college towns, especially those in California, rank higher than their population would suggest. Many college students use bicycles as their primary mode of transportation; it’s healthy, it allows them to quickly get from one class to another, and it saves money—something most starving college students appreciate.  Almost seventy-five percent of all accidents involving a cyclist occur at an intersection or in a personal driveway, which suggests that cyclists and auto drivers are fully cognizant of the rules associated with high traffic situations.

How Drivers Can Help Reduce Accidents

Drivers must first and foremost realize that bicyclists are entitled to the exact same rights—and have the same responsibilities—as auto drivers. Drivers need to drive at safe speeds and exercise caution in city situations when traffic is heavy. They should also avoid distractions such as cell phone use or consulting a map while driving, and should be especially alert for bicycle riders before they back out of a driveway, make a turn in an intersection, or open their door into oncoming traffic.

If you have been the victim of an auto-pedestrian accident you have likely suffered serious injuries. Contact a Mississippi personal injury lawyer from our law firm to discuss your case.

While nearly every state has some form of law making it a crime to ride a bicycle while intoxicated, these laws have been challenged due to the fact that a bicycle is not considered a “vehicle” in the strictest sense in most states therefore should not be covered by standard DUI laws. Some states have responded to these challenges by passing separate laws which specifically cover riding a bicycle while intoxicated.  It’s true that the punishment for cycling while intoxicated is substantially less than those of DUI in a motor vehicle, still if you’ve been arrested for CUI, it’s important to hire an experienced criminal defense lawyer who can fight aggressively on your behalf.

Why CUI Laws?

The National Highway Transportation Safety Administration reports that over one-fourth of all cyclists killed in 2009 had a measurable BAC, and nearly 25% of those had a BAC of .08% or higher. Because the likelihood that a cyclist will be involved in a crash increases substantially at .05% BAC, states have determined that CUI laws are, in fact, necessary. While some believe the cyclist is only risking harm to himself, so why implement CUI laws, there are instances where a cyclist who was riding while intoxicated could be the cause of a more serious accident. The cyclist could hit a pedestrian, or could cause one car to veer into another with potentially serious consequences, although certainly the cyclist who runs into a car will definitely come out on the short end where injuries are concerned.

An Example – California’s CUI Law

California, in particular, has a specific CUI law which makes it unlawful for a person to ride a bicycle on a highway while they are drunk or intoxicated. This law provides that any person arrested for such an offense can be asked to take a standard breathalyzer test or a blood or urine test for determination of the specific BAC content, however unlike the .08 limit for automobile drivers, there is no such magic number regarding CUI. The suspect may also be asked to complete standard field sobriety tests, although it is widely accepted that field sobriety tests are actually designed to be failed by the impaired and sober alike.  Conviction in California on CUI charges garners a fine of $250, so while it may not seem worthwhile to hire an attorney, keep in mind that such a conviction will go on your permanent record.

Definition of a Highway

One way an attorney can attack the validity of a CUI charge is to challenge whether the cyclist was, in fact, operating their bicycle on a legally defined highway. The standard definition of a highway includes all public streets, but excludes both private roads and driveways, so depending on the circumstances, there may be grounds for dismissal regarding this point.

Definition of a Vehicle

While many states do currently prosecute for bicyclists who operate the bicycle while drunk, more of them are starting to operate under the belief that human-powered machines are simply not considered “vehicles” under the letter of the law. A bicyclist who was convicted in Washington State of CUI appealed, and the Court of Appeals overturned the conviction ruling DUI laws were only intended to refer to drivers of motorized vehicles.

If you were involved in an accident due to a drunken bicyclist, call our Mississippi car accident law firm for a free initial consultation.