Motorcycle Accidents Attorney in Flowood, Mississippi

According to the Mississippi Office of Highway Safety, there were 41 motorcycle fatalities in the state in 2018. Motorcycle accidents often result in not only serious injuries but also fatalities.

Whether the rider was following helmet laws or was lane-splitting are two factors that could affect a personal injury claim. For almost 20 years, Ronald E. Stutzman, Jr. has worked hard to represent injured people and their families in Flowood, Mississippi, and throughout Brandon, Clinton, Pearl, Richland, and Rankin County.

If you or a loved one has been injured as a result of a motorcycle accident, you have the right to take legal action. Reach out to The Stutzman Law Firm, PLLC today for a consultation.

Steps to Take After a Motorcycle Accident

If you were in a motorcycle accident, follow these steps to protect yourself:

Seek Medical Help

Take care of yourself first. If the accident was serious, you may need to call 911. If you believe you can make it to urgent care or your doctor, those options are also available. No matter how serious the accident was, make sure you seek medical attention. Some injuries may not become evident until time passes, so you should never just assume that you’re fine.

Obtain Documentation for Everything

At the scene of the accident, take a photograph of the other driver’s license plate, driver’s license, and insurance card. Photograph as much of the scene, vehicles, and your motorcycle as you can.

When you receive medical help, obtain copies of your medical documents. Documenting as much as possible is important to your case.

Contact Your Insurance Company

After the accident, contact your insurance company to find out what is and isn’t covered by your policy.

Hire a Personal Injury Attorney

If you believe the other driver’s insurance company or your insurance company is not covering as much of your costs as it should, you may be able to pursue compensation through the legal process. Hiring a motorcycle accident lawyer to file your personal injury claim can help.

Mississippi Motorcycle Laws

Knowing the basics of the following Mississippi motorcycle laws can help you understand your situation and be prepared in the event of an accident.

Lane-Splitting

In some states, lane-splitting (when a motorcyclist rides between two lanes of traffic, also known as “stripe-riding”) is explicitly illegal. In other states, the law isn’t as clear. In Mississippi, lane-splitting is not specifically illegal or legal.

Helmet Laws

In Flowood, Mississippi, and throughout the state, all motorcycle riders are legally required to wear a helmet.

Liability Coverage

Liability coverage for motorcyclists in Mississippi is the same as for other motor vehicles. Auto owners are required to carry liability insurance coverage with at least $25,000 in bodily injury coverage per person, $50,000 per accident, and $25,000 for property damage per accident.

Determining Fault

When a motorcycle accident happens, it must be determined what caused the accident and who is at fault.

Mississippi is an At-Fault State

The driver who caused the accident is considered to be at fault and will be held responsible for all losses, including property damage, bodily injury, and wrongful death.

Comparative Negligence

Mississippi follows a comparative negligence rule. This means that if one person is 60% at fault for the accident and the other person is 40% at fault, then the person who is 40% at fault will receive what the court deems appropriate — minus 40%.

For example, if the court awards $100,000 in total damages, and then determined that the accident was 40% your fault, you would receive $60,000.

Filing a Claim for a Loved One

In a worst-case scenario, you may lose a loved one in a motorcycle accident. Motorcycle accidents are extremely dangerous, and fatalities do happen.

Wrongful Death Cases

You may be eligible to file a wrongful death claim if a motorcycle accident took the life of your loved one. In Mississippi, family members (including the surviving spouse, children, parents, grandchildren, and siblings of the deceased) can file a wrongful death action.

Determining Basis for a Claim

If a motorcycle accident took the life of your loved one, you may be able to file a personal injury claim. This can happen if the person who passed away had survived and would have had grounds to file a personal injury claim against the negligent party.