Motorcycle Accident Attorney in Southaven
Mississippi Motorcycle Accident Lawyers Ready to Help
Riding your motorcycle in Mississippi or Tennessee can be a truly amazing experience; you will see beautiful scenery and wildlife, while the open road awaits you at every turn. Unfortunately, motorcycle accidents do occur, and the motorcyclist is woefully unprotected in the event of an accident. The NHTSA found that in 2009, there were 47 motorcycle fatalities in the state of Mississippi and 121 in Tennessee. More than 40 percent of those killed in these accidents were between the ages of 30 and 49—young adults who may have left spouses and children behind who were dependent on them for emotional and financial support.
If you or someone you know has been injured in a motorcycle accident in the Northern Mississippi or Memphis, Tennessee, areas, you may have a claim or be entitled to compensation for your pain and suffering, permanent injury or disfigurement, medical bills, lost wages, and property damage.
Both Mississippi and Tennessee laws require drivers to exercise caution when sharing the road with motorcyclists because the consequences of a collision between a motorcyclist and a vehicle are often tragic. If a driver fails to use reasonable care, hitting a motorcyclist, and causing severe injury or death, the negligent driver could be liable for damages. These damages could include all medical expenses related to the motorcycle accident, lost wages, both current and future, property damage, and pain and suffering. If the motorcyclist dies as a result of the driver’s negligence, the heirs of the deceased could bring a claim for wrongful death to recover damages.
The attorneys at Stroud, Flechas & Dalton have represented many clients who have been injured while riding a motorcycle or are family members who have lost a loved one as the result of a motorcycle accident. We have a strong history of obtaining the compensation and the justice our clients deserve, through negotiated settlements and jury verdicts. If you or a loved one suffered serious injury or death from a motorcycle accident in Northern Mississippi or in the Memphis, Tennessee area, you may have a claim or be entitled to compensation for damages.
What are the Safety Laws for Motorcyclists in Mississippi?
The following safety rules are applicable in the state of Mississippi:
- You must have a motorcycle endorsement to legally ride a motorcycle;
- To obtain a motorcycle endorsement, you must first have a valid Mississippi driver’s license;
- You must have at least one, but no more than two headlamps which are in compliance with Mississippi law;
- Your motorcycle must be equipped with at least one brake which can be operated by foot or by hand;
- You must wear a helmet that complies with the minimum guidelines set forth by the NHTSA.
Who Is Liable for Your Mississippi Motorcycle Accident?
The state of Mississippi follows a pure comparative negligence rule, meaning you can still recover damages resulting from your motorcycle accident, however, if you were also negligent, your award would be reduced by your share of negligence. In other words, financial liability is proportionate to the level of fault. Unfortunately, liability for a motorcycle accident can be more difficult to determine than liability for an accident involving two cars. There are certain stereotypes attached to motorcyclists; police officers and jurors may believe the motorcyclist is a hard-living, reckless individual who consistently exceeds the speed limit.
While this is far from the truth, it is, nonetheless, something a motorcycle accident attorney must overcome. Although every motorcycle accident has its own unique set of circumstances, overall liability may be determined by the existence of driver error, the speed of both the motorcyclist and the driver, the level of traffic, and weather conditions. Driver error may include impairment, driver distraction, driver fatigue, recklessness, or carelessness. Quite often, the driver of the passenger vehicle has violated the motorcyclist’s space or right-of-way. Drivers often fail to properly look for motorcyclists, changing lanes or backing out of a parking space without seeing the motorcyclist.
What are the Injuries Most Often Seen in Motorcycle Accidents?
Motorcyclists have virtually no protection in the event of an accident, other than a helmet, and protective clothing (leathers), if worn. There are no safety belts, no airbags, and no encasement in a steel and glass “cage.” Brain injuries are common following a motorcycle accident, particularly those who are not wearing a motorcycle helmet. Brain injuries can irrevocably change the life and the future of the motorcyclist. Victims of traumatic brain injury may be unable to complete the simplest day-to-day tasks, causing issues in personal relationships and work relationships.
Spinal cord injuries are also common injuries for motorcyclists involved in an accident and can be serious enough to cause some level of paralysis. Limb amputations, internal injuries, neck and back injuries, bone fractures, burns, disfigurement, and severe road rash, are all injuries that are commonly seen following a motorcycle accident. Road rash can lead to severe infection, which can cause the motorcyclist to spend weeks or months in the hospital.
What Damages Are You Entitled to Receive Following Your Mississippi Motorcycle Accident?
Although your specific damages will depend on the exact facts of your case, you may be entitled to one or more of the following:
- Medical expenses. You will be entitled to all your medical expenses related to your injuries from the motorcycle accident, including doctor expenses, hospital expenses, prescription drug expenses, and rehabilitative therapy expenses, both current and future.
- Lost wages and future lost earnings. If your accident and injuries have left you unable to return to work, whether for weeks, months, years, or permanently, you may be entitled to lost wages damages.
- Pain and suffering related to your motorcycle accident and injuries;
- Emotional trauma, including feelings of depression, grief, anxiety, and fear;
- Loss of consortium, and
- If the person who caused your motorcycle accident acted with malice or intent, you could also be entitled to punitive damages.
How Can Stroud, Flechas & Dalton Help You Following Your Motorcycle Accident?
The Mississippi motorcycle accident attorneys at Stroud, Flechas & Dalton want you to know that insurance companies virtually never have your best interests at heart. For this reason, it is never a good idea to accept the first settlement offered by the insurance company, particularly if you are unsure how long you will be unable to work, or how long your medical expenses can be expected to continue. It is important that you carefully document your injuries related to your motorcycle accident, as well as writing down every detail you can remember which relates to your accident. This information can be invaluable to your motorcycle accident attorney when you file a claim for compensation. The attorneys at Stroud, Flechas & Dalton have the background, skill, knowledge, and experience necessary to help you during this difficult time. With our attorneys in your corner, you can expect the compensation you need and deserve.
Contact the experienced motorcycle accident attorneys at Stroud, Flechas & Dalton today if you or a loved one suffered injuries in a motorcycle accident caused by another driver.