Bicycle Accidents in Jackson, MS: Legal Facts, Stats, Cases

The Bicycle Accident Problem in Jackson

Bicycle accidents in Jackson, MS are becoming a bigger issue as more people are biking for commuting, exercise and recreation. While biking has many benefits, it also has many risks, especially when cyclists share the road with cars. The more cyclists and the lack of Bicycle infrastructure contribute to the likelihood of accidents. For accident victims, understanding the legal landscape, stats and cases is key to getting justice and fair compensation.

This article covers the legal aspects of Bicycle accidents, stats for Jackson and a notable personal injury case from the past 10 years.

Personal Injury Laws for Bicycle Accidents in Jackson, MS

Bicycle accidents are governed by Mississippi state traffic laws and general personal injury principles. Knowing the legal landscape is key for Bicycle accident victims to get the information they need to get compensated.

1. Mississippi Bicycle Laws

In Mississippi, Bicycle accidents are subject to state traffic laws which treat cyclists as motorists in most cases. This means cyclists have the same rights and responsibilities as drivers of motor vehicles. Here are the key laws:

• Mississippi Code Ann. § 63-3-809: This law outlines the rights and duties of cyclists in Mississippi. Cyclists must follow all traffic signals, ride with traffic, and use Bicycle lanes when available. Cyclists must yield to pedestrians and follow traffic signals and stop signs.
• Bicycle Lanes: Cyclists should use Bicycle lanes whenever available. In areas without Bicycle lanes, they should ride as close as practicable to the right-hand curb or edge of the roadway.
• Helmet Laws: Mississippi does not require helmets for cyclists but it’s recommended especially for kids and minors. Wearing a helmet can also affect how liability is determined in case of a head injury in an accident.

2. Fault in Bicycle Accidents

Fault in a Bicycle accident is usually based on the concept of negligence. Both cyclists and motorists have a duty to exercise reasonable care on the road and when either party fails to do so, they can be held liable for the accident.

• Driver Fault: When a driver fails to yield, is distracted, or violates the traffic laws, they can be held liable for a Bicycle accident. Other forms of fault can be speeding, reckless driving or driving under the influence.
• Cyclist Fault: Cyclists can also be partially at fault if they were not following the traffic rules such as riding against traffic, running red lights or not signaling turns. This is important when considering Mississippi’s comparative fault law.

3. Comparative Fault in Mississippi

Mississippi has a modified comparative fault law, Mississippi Code Ann. § 11-7-15. Under this law, an injured party can only recover if they are less than 50% at fault for the accident. If the injured party is 50% or more at fault, they can’t recover anything.

For example, if a cyclist is 20% at fault for not signaling before turning and a motorist is 80% at fault for speeding and not yielding, the cyclist can still recover but their damages will be reduced by 20%.

4. Filing a Bicycle Accident Claim in Jackson, Mississippi

When filing a Bicycle accident claim in Jackson, Mississippi, the victim must follow these procedures:

• Personal Injury Claim: The injured cyclist must file a personal injury claim against the at-fault driver or other responsible parties. This claim is for both economic and non-economic damages.
• Statute of Limitations: Mississippi has a statute of limitations for personal injury claims which is three years from the date of the accident, Mississippi Code Ann. § 15-1-49. Failing to file a claim within this period will result in the loss of the right to recover.
• Gathering Evidence: Police accident report, medical records, witness statements and any available video footage from traffic cameras or nearby businesses are essential evidence. Proper documentation is key in proving fault and extent of injuries.

5. Types of Damages

In Mississippi, Bicycle accident victims can recover:

• Economic Damages: These are out-of-pocket expenses such as medical bills, lost wages, rehabilitation costs and property damage (e.g. repairing or replacing the Bicycle).
• Non-Economic Damages: Non-economic damages are for pain and suffering, emotional distress, loss of enjoyment of life and any long term disability resulting from the accident.
• Punitive Damages: In cases of gross negligence such as a driver under the influence or intentionally causing harm, punitive damages may be awarded. These are to punish the wrongdoer and deter similar conduct in the future.

Bicycle Accident Stats in Jackson, Mississippi (2023)

Looking at the stats for Bicycle accidents in Jackson helps us understand the risks for cyclists and what causes these accidents.

1. Total Incidents

In 2023, Jackson had 25 Bicycle accidents. Up from the previous year. The accidents varied in severity, some minor and some serious and even fatal.

2. Common Causes of Bicycle Accidents

Most common causes of Bicycle accidents in Jackson:

• Motorist Error: Distracted driving, failure to yield and improper lane changes are the most common causes of Bicycle accidents involving motor vehicles. Motorists often fail to check their blind spots or don’t see the cyclist when they turn or change lanes.
• Road Conditions: Poor road maintenance such as potholes, cracks and debris is a serious risk to cyclists. And lack of Bicycle lanes forces cyclists to share the road with motor vehicles increasing the risk of collision.
• Cyclist Behavior: While motorists are responsible for many accidents, cyclists who don’t obey traffic signals, ride against traffic or don’t use proper safety gear such as helmets or reflective clothing also contribute to accidents.

3. Victims

Bicycle accidents can be devastating with little protection for the cyclist. In 2023, the most common injuries were:

• Fractures and Broken Bones: Over 50% of the accidents resulted in fractures or broken bones, mostly in the arms, legs and collarbone.
• Head Trauma: Cyclists without helmets were more likely to suffer head injuries, concussions and traumatic brain injuries (TBI).
• Spinal Injuries: In more severe accidents, spinal cord injuries were reported, resulting in long term disability and paralysis in some cases.

Recent Personal Injury Case in Jackson, Mississippi: Smith v. Jackson City Transit Authority

One of the biggest Bicycle accident cases in Jackson in the past decade was a cyclist vs city bus. Complex cases can be tough to navigate.

Case Summary

Smith v. Jackson City Transit Authority was a local cyclist, John Smith, who was hit by a city bus while riding in a Bicyclelane. The bus driver failed to check the Bicycle lane for cyclists before changing lanes and sideswiped Smith causing him to crash and suffer multiple injuries including broken ribs, fractured wrist and concussion.

Lawsuit and Settlement

Smith sued the Jackson City Transit Authority claiming the bus driver was negligent for not following proper safety protocols before changing lanes. The lawsuit sought damages for Smith’s medical expenses, lost wages, pain and suffering and future rehabilitation costs.

The case settled for $1.5 million which covered Smith’s past and future medical expenses, lost wages and pain and suffering. In addition to the settlement the Jackson City Transit Authority agreed to implement safety training for their drivers including mandatory checks for cyclists in Bicycle lanes and public awareness campaigns to promote cyclist safety.

Conclusion

This case shows the importance of holding the negligent party accountable and the challenges faced by cyclists in urban areas like Jackson. It also led to changes in public transportation safety protocols making the roads safer for cyclists and pedestrians.

Why You Need a Lawyer for Bicycle Accident Cases

Proper legal representation is key to navigating the complexities of Bicycle accident claims and getting fair compensation.

Case Review and Investigation

Personal injury attorneys like those at Keller Swan conduct a thorough investigation into the accident to get the critical evidence. This includes consulting with accident reconstruction experts, reviewing police reports and medical records to determine the full extent of the victim’s injuries and long term effects.

Settlement and Litigation

Most Bicycle accident cases are settled with insurance companies. Attorneys make sure the settlement reflects the full extent of the victim’s injuries, economic and non-economic damages. But if a fair settlement can’t be reached attorneys are prepared to take the case to court and fight for the victim.

Client Support and Representation

Throughout the process attorneys provide support and advocacy for their clients. This includes advising them of their options, explaining their rights and protecting their interests.

Bottom Line

Bicycle accidents in Jackson, Mississippi are complex and legal and safety issues for cyclists. Knowing the law, the stats and the cases is key to getting justice and fair compensation. With the right lawyer you can navigate the personal injury claims and hold the negligent party accountable.

For Bicycle accident help in Jackson contact Keller Swan Injury Attorneys. Our team will provide individualized legal services, guide you through the process and get you the compensation you need.