Personal Injury Laws for Motorcycle Accidents in Jackson, Mississippi
Mississippi motorcycle accidents are complicated. From proving negligence to filing insurance claims and understanding comparative fault rules victims need to know the legal landscape of motorcycle accidents.
Law
Negligence
Most motorcycle accident claims are negligence claims. This means the other party had a duty to act reasonably but failed to do so and that’s what caused the accident. To win a negligence claim the injured motorcyclist must prove the other driver breached their duty of care and that breach caused the accident and injuries.
Common types of negligence in motorcycle accidents are:
- Distracted driving: Texting, eating or doing other activities while driving.
- Speeding: Driving above the speed limit or too fast for the road conditions.
- Failure to yield: Not giving the right of way to motorcyclists especially at intersections.
- Impaired driving: Driving under the influence of alcohol or drugs.
For example a driver texting while merging lanes may not see a motorcyclist and crash into them. In this case the distracted driver would be at fault for the accident due to their negligence.
Comparative Fault
Mississippi is a modified comparative fault state (Miss. Code Ann. § 11-7-15). This means even if the injured motorcyclist is found to be partially at fault for the accident they can still recover but the total amount of damages will be reduced by their percentage of fault. However if the motorcyclist is more than 50% at fault they can’t recover at all.
For example if a motorcyclist was speeding and the other driver failed to yield at an intersection the court might assign 40% fault to the motorcyclist and 60% fault to the other driver. In this case the motorcyclist could still recover 60% of the total damages.
Insurance
Mississippi law requires motorcyclists to have liability insurance. As of 2023 the minimum liability insurance requirements are:
- $25,000 per person for bodily injury.
- $50,000 per accident for bodily injury.
- $25,000 for property damage.
It’s also recommended that motorcyclists get underinsured and uninsured motorist coverage. Given the severity of injuries in motorcycle accidents the minimum coverage may not be enough to cover all damages especially in cases of serious injuries or death.
How to File a Motorcycle Accident Claim
File a Claim
Victims of motorcycle accidents in Jackson, Mississippi can file a personal injury claim against the at-fault driver or other responsible parties. This means collecting evidence such as police reports, accident scene photos, medical records and witness statements.
The victim must prove the other party was at fault and their negligence caused the accident. An experienced attorney can help gather evidence, work with accident reconstruction experts and build a strong case for damages.
Time Limit
The statute of limitations to file a personal injury claim in Mississippi is three years from the date of the accident (Miss. Code Ann. § 15-1-49). It’s important to file a claim within this time frame or you may lose your right to seek damages.
Filing promptly is also important to preserve evidence and get witnesses before they forget or move away. Waiting too long to file a claim may hinder the collection of important evidence and weaken the case.
Damages for Motorcycle Accident Victims
Medical Expenses
Motorcycle accidents often result in serious injuries such as traumatic brain injuries, spinal cord injuries, fractures and internal bleeding. Victims can recover for all related medical expenses including:
- ER visits.
- Hospital stays.
- Physical therapy.
- Prescription medications.
- Long term rehabilitation.
In cases of permanent injuries or disabilities, damages may also cover future medical expenses and assistive devices like wheelchairs or prosthetics.
Pain and Suffering
Motorcycle accident victims can also recover for pain and suffering which means the physical pain and emotional trauma from the accident. Emotional distress, anxiety, depression and loss of enjoyment of life can all be factors that go into pain and suffering damages.
For example, a motorcyclist who is seriously injured may no longer be able to do things they used to enjoy such as play sports or hike. This loss of enjoyment of life would be considered in pain and suffering damages.
Lost Wages and Loss of Earning Capacity
If the victim is unable to go back to work they can recover for lost wages. This includes not only wages lost during the recovery period but also loss of future earning capacity if the victim can’t go back to their previous job or is permanently disabled.
For example, if a motorcyclist who worked in construction suffers a spinal cord injury and can no longer do physical labor they may recover for loss of future earning capacity.
Property Damage
In addition to personal injuries, victims can recover for repair or replacement of their motorcycle and other personal property damaged in the accident.
Motorcycle Accident Lawyer
Experienced Attorneys
An attorney with experience in motorcycle accident cases is crucial to navigate the legal process. Motorcycle accidents involve complex issues such as fault, dealing with insurance companies and calculating damages for serious injuries.
An attorney can help by:
- Investigating the accident and getting evidence.
- Consulting with experts such as accident reconstructionists and medical professionals.
- Negotiating with insurance companies to get a fair settlement.
- Litigating in court if necessary to get the maximum damages.
Motorcycle Accidents in Jackson, Mississippi (2023)
Knowing the statistics for motorcycle accidents in Jackson, Mississippi is important to understand the frequency of these accidents, the causes and the impact on victims.
2023 Incidents
In 2023 Jackson had around 120 motorcycle accidents, up from the previous year. This uptick shows we need to increase road safety awareness and measures to protect motorcyclists on the road.
Motorcyclists are at risk for many reasons including reduced visibility and lack of physical protection. As a result motorcycle accidents often result in more serious injuries than car accidents.
Motorcycle Accidents Causes
Failure to Yield
One of the most common causes of motorcycle accidents in Jackson is when other drivers fail to yield to motorcyclists. This happens at intersections or when turning as drivers don’t see the motorcyclist or misjudge their speed.
For example, a driver making a left turn at an intersection may not see an oncoming motorcyclist and T-bone them. These types of accidents often result in serious injuries to the motorcyclist including broken bones, head trauma or spinal injuries.
Speeding and Reckless Driving
Speeding and reckless driving by both motorcyclists and other drivers are common causes of motorcycle accidents. Speed reduces a driver’s reaction time and increases the severity of the crash. Speeding motorcyclists are more at risk because they have less control and stability at higher speeds especially when turning or avoiding obstacles.
Reckless driving such as weaving in and out of traffic, tailgating or running red lights puts motorcyclists at risk. When other drivers are reckless motorcyclists are often the victims of severe crashes because of their vulnerability.
Lane Splitting and Lane Changes
Lane splitting where a motorcyclist rides between lanes of slow moving or stopped traffic is illegal in Mississippi and can result in serious accidents. While lane splitting may allow motorcyclists to get around traffic it also puts them at risk of being hit by vehicles changing lanes or making sudden movements.
And unsafe lane changes by other drivers can cause accidents when they don’t check their blind spots or signal. Motorcycles are smaller than cars and can be missed in a driver’s blind spot and result in a crash when the driver changes lanes.
Victims
Motorcycle accidents often result in catastrophic injuries because there is no barrier between the rider and other vehicles. Common injuries include:
- Head trauma and brain injuries.
- Spinal cord injuries resulting in paralysis.
- Broken bones and fractures.
- Road rash which can cause severe skin damage and infection.
- Internal bleeding and organ damage.
These injuries can require extensive medical treatment, long term rehabilitation and can result in permanent disabilities. For many victims the emotional impact of a motorcycle accident is just as bad as the physical injuries and can lead to anxiety, depression and post traumatic stress disorder (PTSD).
Recent Personal Injury Case
Looking at a recent personal injury case can give us insight into how motorcycle accident claims are handled in Mississippi courts and what kind of compensation victims can get.
Case: Johnson v. City of Jackson
Summary:
In this case David Johnson a motorcyclist was severely injured when a city bus made an unexpected left turn in front of him without signaling. Johnson collided with the bus and suffered multiple fractures including a broken leg and several ribs. He had several surgeries and required extensive physical therapy to regain mobility.
Proceedings:
The investigation showed the bus driver did not check for oncoming traffic and did not use the turn signal when making the left turn. The city bus company was found liable for the accident because their employee violated traffic laws and failed to exercise due care.
Result:
The case settled for $1.8 million which covered Johnson’s medical expenses, lost wages, pain and suffering and future medical care. The case also prompted the City of Jackson to add additional safety training for bus drivers to ensure they follow protocol when interacting with motorcyclists and other road users.
Takeaway:
This case shows the importance of driver awareness especially for operators of big vehicles like buses. It also shows the role of legal representation in getting big compensation for motorcycle accident victims so they can recover financially and physically from their injuries.
Motorcycle Accident Claims
Filing a motorcycle accident claim can be complicated but experienced lawyers can provide the help and guidance you need to get justice.
Case Evaluation and Investigation
Review:
Attorneys will investigate the motorcycle accident, review police reports, gather witness statements and collect other important evidence. They may also work with accident reconstruction experts to determine what happened and who was at fault.
Expert
In some cases attorneys may consult with medical experts or accident reconstruction specialists to provide testimony about the severity of the victim’s injuries or what caused the accident. Expert testimony can be very helpful in proving liability and getting the court or insurance companies to understand the full extent of the accident.
Negotiation and Litigation
Settlement Negotiations:
Most motorcycle accident claims are settled with the at-fault party’s insurance company. Attorneys will make sure the settlement covers all of the victim’s damages including medical expenses, lost wages, pain and suffering and property damage.
Litigation:
If a settlement can’t be reached the case will go to court where the attorney will present evidence and argue on behalf of the victim. Attorneys will fight to get a good verdict and get the most compensation possible.
Client Support
Ongoing Help:
Throughout the process attorneys will provide ongoing help and guidance so victims understand their rights and can make informed decisions about their case. By being strong advocates and clear communicators attorneys will make sure their clients are supported every step of the way.
Summary
Motorcycle accidents in Jackson, Mississippi can cause serious injuries and complex legal issues for victims. Knowing the law, looking at recent statistics and reviewing notable cases can help anyone who needs compensation for a motorcycle accident. Whether it’s negligence, comparative fault or insurance claims, having the right lawyer is key to getting a good result.
For motorcycle accident claims help, contact Keller Swan today to talk about your case and get started.
