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Motorcycle Accident Lawyers in Jackson, MS
Injured in a Motorcycle Crash? Call 'Maggio Law
Motorcycles represent only a small fraction of vehicles on Mississippi highways, interstates, and roadways. Yet, motorcycles account for a significant percentage of traffic fatalities. It’s a simple concept: a motorcycle and its rider, who is often equipped with only a helmet, are simply no match for a larger vehicle.
Resulting injuries, even in a relatively low-speed collision, can be significant and severe.
Our Jackson motorcycle accident lawyers at ‘MAGGIO LAW are dedicated to helping victims of motorcycle wrecks across Mississippi. We know how challenging it can be to rebuild after such an incident, but your cause is our cause. If we take on your case, we will go up against any opponent in the pursuit of fair compensation for your injuries, lost earnings, damage to your bike, and more.
To find out what your case is worth, call (601) 265-6869or contact us online. Our Jackson motorcycle accident attorneys are thoughtful, experienced, and ready to fight for you.
Common Causes of Motorcycle Accidents
In Mississippi, motorcycle accidents are often caused by:
- Failure to yield the right of way
- Improper merging
- Speeding
- Inattentiveness
- Turning into a motorcycle’s path
- Driving under the influence of alcohol/drugs
The National Traffic Highway Safety Administration reports that about 5,000 motorists die every year as a result of operating or riding as a passenger on a motorcycle. Of that 5,000, about 1% of those fatalities occur on Mississippi roads. While 50 deaths a year might sound low, when put in context of fatality rates, that number becomes a bit more alarming.
The NTHSA estimates that 25% of all motorcycle wrecks result in death. That means that 1 out of every 4 wrecks while on a motorcycle results in a death.
Establishing Fault for the Accident
In order to prove fault for your motorcycle accident, you must show that the other party failed to act with reasonable care, and that this failure caused your accident and injuries. Common forms of negligence in motorcycle accidents include distracted driving, failing to signal, running red lights, or speeding.
In some cases, expert testimony or accident reconstruction specialists may be used to help establish fault. Mississippi follows a pure comparative negligence rule, which means even if you were partially responsible for the accident, you could still recover damages, though your compensation would be reduced based on your percentage of fault.
Can I Still Recover Compensation If I Wasn’t Wearing a Helmet?
Yes, you may still be able to recover compensation for a motorcycle accident in Mississippi even if you weren’t wearing a helmet, but your compensation could be affected.
Mississippi law does require motorcyclists to wear helmets, and if you weren’t wearing one at the time of the accident, the other party’s insurance company or legal defense may argue that your injuries were more severe due to the lack of helmet use. This argument could reduce the amount of compensation you receive for your injuries, especially if you sustained head or neck injuries that might have been prevented or minimized by wearing a helmet.
However, if the accident was caused by someone else’s negligence, you can still pursue compensation. Mississippi follows a "pure comparative negligence" rule, meaning that even if you were partially at fault for your injuries (like not wearing a helmet), you can still recover damages. Your compensation will be reduced by the percentage of fault attributed to you. For instance, if the court finds you 20% at fault, your compensation would be reduced by that amount.
Working with a Jackson, MS motorcycle accident attorney can help ensure that your rights are protected and that you receive fair compensation, even if you weren’t wearing a helmet.
Motorcycle Accident Compensation
A personal injury or wrongful death lawsuit for a motorcycle accident may include compensation for economic and non-economic damages, such as:
- Medical expenses and costs
- Ongoing treatment or therapy
- Lost wages
- Loss of future/potential earnings
- Pain and suffering
- Scarring and disfigurement
- Loss of consortium
- Loss of enjoyment of life
- Damage to your bike, helmet, and personal property
Steps to Take After a Motorcycle Wreck
Assessing the Scene and Ensuring Safety
The moments immediately following a motorcycle accident are critical, not just for the well-being of those involved, but also for the legal journey ahead. The first priority is to ensure the safety of everyone involved.
If you're able to, move to a safe location away from traffic to prevent further harm. Once you've assessed your own condition, check on others and call 911 if there are any injuries or significant property damage.
Remember, staying calm and collected is key, as your actions and observations at this stage can be pivotal when it comes to legal matters down the line.
Evaluating Injuries and Seeking Medical Attention
After a motorcycle accident, adrenaline can mask the pain of injuries, making it essential to seek medical attention regardless of how you feel. A thorough medical evaluation not only ensures that any hidden injuries are treated but also creates a medical record that is invaluable in the event of a legal or insurance claim.
Be sure to document all medical care received, as this will be crucial evidence to support your case. In the complex legal landscape, having detailed medical documentation can significantly strengthen your position.
Documenting the Incident for Legal Protection
In the aftermath of a motorcycle accident, gathering evidence is a step that should never be overlooked. Take photographs of the scene, your injuries, and any damages to your motorcycle. Collect contact information from witnesses and exchange insurance details with other parties involved.
These pieces of evidence can be the linchpin in your legal claim, helping to establish the facts and protect your interests. In Jackson, MS, where the roads are bustling and accidents can be complex, such documentation is your first line of defense in the legal arena.
What Is the Deadline for Filing a Lawsuit?
In Mississippi, you generally have three years from the date of the motorcycle accident to file a personal injury lawsuit. This is the statute of limitations for most personal injury cases.
If you fail to file within this time frame, you may lose your right to pursue compensation. However, there are exceptions that could extend or shorten this period, which is why it’s crucial to consult with an attorney as soon as possible after your accident to ensure you meet all deadlines and preserve your right to recover damages.
Call 24/7 to Get Started with a Free Review
At ‘MAGGIO LAW, we understand that being involved in a motorcycle crash can be a traumatic and frightening event. You may be suddenly injured and left without direction. You can’t work, pay your bills, or get the medical attention you need. Let us fight your fight, let us protect your interests, and let us be your voice. Our motorcycle accident attorneys in Jackson, MS are capable and have the resources available to make a real difference in your case and its outcome.
For more information and a free review of your case, call (601) 265-6869.
