You are in an accident while riding your motorcycle. We are sorry for your losses and your pain. The law firm of Reeves and Mestayer will be by your side to help recover maximum compensation.
If you have been involved in a motorcycle accident, you already understand that you are entirely vulnerable on the road. Without the protection of a steel cage, motorcyclists are often ejected from their bikes.
They may impact hard, immobile surfaces and suffer head or back injuries. These can be catastrophic injuries. It will take a long time to recover, if you ever do.
To make matters worse, it is more often than not the fault of the driver of the automobile.
For example, he may fail to yield to the oncoming motorcycle rider and turn in front of the bike, causing the motorcyclist to lose control. Often, car drivers simply do not see motorcycles, perhaps they aren’t looking and unintentionally change lanes, cutting off the bike.
We don’t need to tell you that there are far too many distracted drivers on the road, and that compounds the inattention to surroundings, including the motorcycle.
Filing a personal injury lawsuit may be the only way to recover your medical bills and to seek compensation from the at-fault automobile driver. This is when you need to work with an experienced motorcycle attorney to determine what compensation you are entitled to. We will fight aggressively for you when the insurance company for the other side wants to deny your rights.
Wearing a Motorcycle Helmet in Mississippi
Please understand that the state of Mississippi requires you to wear a helmet while on a motorcycle. A failure to do so is a misdemeanor, punishable by a fine.
Title 63 of the Motor Vehicle and Traffic Regulations states:
“No person shall operate or ride upon any motorcycle or motor scooter upon the public roads or highways of this state unless such person is wearing on his or her head a crash helmet of the type and design inspected and approved by the American Association of Motor Vehicle Administrators.”
So the law is very clear and it is obvious that wearing a motorcycle helmet can save your life.
You may have heard if you were not wearing a helmet and got into a motorcycle accident you would have no chance of recovery in a personal injury lawsuit. hat is not necessarily true.
Under Mississippi’s comparative fault laws, the plaintiff or injured party may be able to recover damages, even if he was partially at fault for the accident.
We will have to prove negligence or a violation of the law on the part of the automobile operator.
For example, if the car driver was drunk, we may be able to prove that he is 95% responsible for the accident that caused the biker’s injuries.
The motorcyclist may then be found to be 5% responsible for not wearing a helmet. This is particularly relevant if the motorcyclist’s back was injured and he did not suffer a head injury.
Ultimately, you can seek recovery, although it will be reduced proportionately by the degree to which you are found to be at fault.
We encourage all motorcycle riders to wear a helmet. Helmet use reduces motorcycle deaths by 37 percent and prevents brain injuries 67 percent of the time, according to the Insurance Institute of Highway Safety.
It is not only the law, but it will also help you physically in case of an accident, as well as fiscally when it comes time to recover financially.
Bottom line: it is much easier for you to recover damages if you have done all you can to protect yourself.
Our Biloxi motorcycle accident attorneys serve motorcycle accident victims throughout Mississippi, and following an accident, we will seek out full and fair compensation for your injuries.
Allow us to investigate your case so that we can secure the level of damages you are entitled to.
Reeves and Mestayer are experienced, aggressive personal injury lawyers, and we have a track record of success in motorcycle injury cases in Mississippi. Please call us today at 228-374-5151 or toll free 1-855-558-2977.
Institute of Highway Safety