Legal Rights for Mississippi Cyclists Involved in Vehicle Collisions

The open roads of Mississippi offer scenic routes for cyclists, whether commuting, exercising, or simply enjoying the outdoors. However, sharing these roads with motor vehicles carries inherent risks. A collision between a bicycle and a car or truck can result in severe injuries and complex legal questions for the cyclist. Knowing your rights and what steps to take following such an incident is of paramount importance.

Mississippi’s Legal Framework for Cyclists

In Mississippi, bicycles are afforded many of the same rights and are subject to many of the same duties as operators of motor vehicles. Mississippi Code § 63-3-1301 states that every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle, except as to special regulations for bicycles and except as to those provisions of laws and ordinances which by their very nature can have no application.

This means that cyclists generally have the right to be on the road and must follow traffic laws, just like motorists. This legal standing is foundational when determining fault and liability in the event of an accident.

Common Causes of Bicycle-Vehicle Collisions in Mississippi

Collisions between bicycles and vehicles often stem from a few recurrent scenarios. Being aware of these can help cyclists take defensive measures, but often, the collision occurs due to the actions or inactions of the motor vehicle operator. Some frequent causes include:

Driver Inattention or Distraction: Motorists who are texting, talking on the phone, adjusting controls, or are otherwise not paying full attention to the road may fail to see a cyclist.
Failure to Yield Right-of-Way: This is a significant factor. Motorists may fail to yield to cyclists at intersections, when turning (especially left turns across the cyclist’s path), or when pulling out from driveways or parking spots.
Unsafe Passing: Mississippi law (Miss. Code Ann. § 63-3-603(3)) requires motorists to pass bicyclists at a safe distance of not less than three feet. Motorists who pass too closely can cause accidents by direct contact or by forcing a cyclist off the road.
“Dooring”: This occurs when a person in a parked car opens their door into the path of an oncoming cyclist.
Misjudgment of Cyclist’s Speed or Path: Drivers may underestimate how quickly a cyclist is approaching or misjudge their intended path, leading to a collision.
Driving Under the Influence: A motorist impaired by alcohol or drugs poses a grave danger to all road users, including cyclists.
Ignoring Traffic Signals or Signs: Motorists running red lights or stop signs can lead to devastating T-bone type collisions with cyclists lawfully proceeding through an intersection.
Poor Visibility Conditions: While cyclists have responsibilities for visibility (discussed later), drivers also have a duty to be vigilant, especially during dawn, dusk, night, or inclement weather.

Cyclists’ Rights and Responsibilities on Mississippi Roads

To promote safety and clarify legal standing, Mississippi law outlines specific rights and responsibilities for cyclists.

Cyclists’ Rights

Right to Use the Roadway: Generally, cyclists have the right to operate on most Mississippi roads, except for limited-access highways like interstates where bicycle traffic is typically prohibited.
Right to Safe Passage: As mentioned, motorists must provide at least three feet of clearance when passing a cyclist.
Right to Be Treated as a Vehicle Operator: Cyclists are entitled to the same general considerations from motorists as other vehicle operators.

Cyclists’ Responsibilities

Adherence to these responsibilities is not only vital for safety but can also be a factor in legal determinations following an accident.

Obey Traffic Laws: Cyclists must obey all traffic signals, signs, and pavement markings, just like motor vehicle drivers.
Ride on the Right Side: Bicycles must be ridden as near to the right side of the roadway as practicable, proceeding in the same direction as traffic.
Signaling Turns: Cyclists should use appropriate hand signals to indicate turns and stops.
Lamps and Reflectors at Night: For nighttime operation, a bicycle must be equipped with a white front lamp visible from at least 500 feet and a red rear reflector. A red rear lamp may also be used in addition to the reflector.
Proper Equipment: Bicycles must be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.¹
No More Than Two Abreast: Cyclists riding together shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.
No Clinging to Vehicles: A cyclist shall not attach themselves or their bicycle to any streetcar or vehicle upon a roadway.

Establishing Liability in a Bicycle-Vehicle Accident

When a cyclist is injured in a collision with a motor vehicle, establishing who was at fault, or liable, is a key step in pursuing compensation. This typically involves demonstrating that the motor vehicle driver was negligent. Negligence in a legal sense means that a party failed to exercise a reasonable degree of care, and this failure directly caused injury or damages to another.

The elements to prove negligence generally include:

Duty: The motorist owed the cyclist a duty of care (e.g., to operate their vehicle safely, obey traffic laws, and maintain a proper lookout).
Breach: The motorist breached that duty (e.g., by speeding, running a red light, or failing to yield).
Causation: The motorist’s breach of duty directly caused the collision and the cyclist’s injuries.
Damages: The cyclist suffered actual harm, such as physical injuries, medical bills, lost income, and property damage.

Evidence used to establish negligence can include:

Police accident reports.
Witness statements.
Photographs and videos of the accident scene, vehicles, and injuries.
Traffic camera footage.
Medical records.
Expert testimony (e.g., from accident reconstruction specialists).

Mississippi follows a legal doctrine known as pure comparative negligence (Miss. Code Ann. § 11-7-15). This means that if an injured person is found to be partially at fault for their own injuries, they can still recover damages. However, their recovery will be reduced by their percentage of fault. For example, if a cyclist is awarded $100,000 in damages but is found to be 10% at fault for the accident, their award would be reduced by $10,000, resulting in a $90,000 recovery. It is important to note that even if a cyclist made a mistake, it does not automatically prevent them from seeking compensation if the motorist was also negligent.

Potential Compensation for Injured Cyclists

Cyclists injured due to a motorist’s negligence may be entitled to various forms of compensation, often referred to as damages. The goal of such compensation is to help restore the injured person, as much as possible, to the position they were in before the accident. Types of damages can include:

Medical Expenses: This covers all reasonable and necessary medical costs, including emergency services, hospitalization, surgeries, doctor visits, physical therapy, medication, and any anticipated future medical care related to the injuries.
Lost Wages: If the injuries prevent the cyclist from working, they may recover lost income.
Loss of Earning Capacity: If the injuries result in a permanent disability that diminishes the cyclist’s ability to earn money in the future, compensation for this loss may be sought.
Pain and Suffering: This compensates for the physical pain, discomfort, and emotional distress experienced due to the injuries.
Emotional Distress: Compensation for psychological impacts such as anxiety, depression, or post-traumatic stress disorder (PTSD) stemming from the accident.
Property Damage: This includes the cost to repair or replace the damaged bicycle, helmet, clothing, and any other personal property damaged in the collision.
Disfigurement or Permanent Scarring: Compensation for permanent physical changes caused by the injuries.
Loss of Enjoyment of Life: If the injuries prevent the cyclist from participating in hobbies, activities, or aspects of life they previously enjoyed.

The specific damages and amounts recoverable will depend heavily on the individual circumstances of the case, the severity of the injuries, and the evidence presented.

Immediate Actions After a Bicycle Accident Involving a Vehicle

The moments following a bicycle-vehicle collision can be chaotic and stressful. However, taking certain steps can protect your health and your legal rights:

Ensure Safety: If possible, move to a safe location away from traffic to prevent further injury. If you are seriously injured, try to remain still and wait for help.
Seek Medical Attention Immediately: Your health is the priority. Call 911 or have someone else call for medical assistance. Even if you believe your injuries are minor, it is important to be evaluated by a medical professional. Some serious injuries, like internal bleeding or concussions, may not have immediately apparent symptoms.
Report the Accident to the Police: Request that police come to the scene to make an official accident report. This report can be valuable evidence. Provide the officer with a factual account of what happened.
Exchange Information: Obtain the driver’s name, address, phone number, driver’s license number, vehicle license plate number, and insurance information. Also, collect names and contact information from any witnesses.
Document the Scene: If you are able, or if someone can assist you, take photographs of the accident scene, including the position of the bicycle and vehicle, skid marks, traffic signals, road conditions, and any visible damage to your bicycle and the vehicle. Also, photograph your injuries.
Preserve Evidence: Keep your damaged bicycle, helmet, and any torn or bloody clothing in their post-accident condition. Do not attempt to repair them, as they can be important pieces of evidence.
Do Not Admit Fault: Avoid making statements at the scene that could be interpreted as an admission of fault. Stick to factual statements when speaking with the police and the other driver.
Notify Your Own Insurance Company: If you have automobile insurance with Uninsured/Underinsured Motorist coverage or Medical Payments coverage, notify your insurer about the accident, even though you were on a bicycle.
Be Cautious with the Other Driver’s Insurer: You may be contacted by the other driver’s insurance adjuster. It is advisable to be cautious in what you say, as their goal is often to minimize the value of your claim. You are generally not obligated to provide a recorded statement without consulting an attorney.

The Influence of Insurance in Bicycle Accident Claims

Insurance plays a significant role in resolving bicycle accident claims. Several types of insurance coverage may be relevant:

At-Fault Driver’s Auto Liability Insurance: Typically, the primary source of compensation will be the liability coverage from the at-fault driver’s auto insurance policy. This covers bodily injury and property damage caused by their insured.
Uninsured/Underinsured Motorist (UM/UIM) Coverage: If the at-fault driver has no insurance (uninsured) or not enough insurance to cover your damages (underinsured), your own UM/UIM coverage, if you have it as part of your auto insurance policy, may provide compensation. This coverage can be very important for cyclists.
Medical Payments Coverage (MedPay) or Personal Injury Protection (PIP): If you have MedPay or PIP on your own auto insurance policy, it may cover your initial medical expenses regardless of who was at fault.
Health Insurance: Your personal health insurance can cover medical treatment, though you may be responsible for co-pays and deductibles. If you receive a settlement from the at-fault party, your health insurer might seek reimbursement for payments they made (this is called subrogation).

Dealing with insurance companies can be challenging. Adjusters may try to dispute liability, downplay the severity of your injuries, or offer a quick, low settlement before the full extent of your damages is known.

Navigating the Legal Pathway

If you have been injured in a bicycle-vehicle collision, navigating the legal pathway to obtain fair compensation can be complex. The general process may involve:

Initial Consultation with an Attorney: Discussing your case with a knowledgeable personal injury attorney can help you assess your options.
Case Investigation: If you retain an attorney, they will conduct a thorough investigation. This includes gathering evidence like police reports, medical records, witness statements, and possibly consulting with accident reconstruction or medical professionals.
Demand Letter: Once the extent of your injuries and damages is determined, your attorney may send a demand letter to the at-fault party’s insurance company, outlining the basis for liability and the compensation sought.
Negotiation: The insurance company will respond to the demand, and a period of negotiation often follows. Many cases are settled at this stage.
Filing a Lawsuit: If a fair settlement cannot be reached through negotiation, it may be necessary to file a personal injury lawsuit.
Discovery: This is the formal process where both sides exchange information and evidence. It can involve written questions (interrogatories), requests for documents, and depositions (sworn testimony taken out of court).
Mediation or Arbitration: Courts often require parties to attempt mediation (a facilitated negotiation with a neutral third party) or arbitration (a more formal process where a neutral third party makes a decision) to resolve the case before trial.
Trial: If the case is still not resolved, it will proceed to trial, where a judge or jury will hear the evidence and render a verdict.

It is important to be aware of Mississippi’s statute of limitations for personal injury claims. Generally, Miss. Code Ann. § 15-1-49 provides that you have three (3) years from the date of the injury to file a lawsuit. If you miss this deadline, you may lose your right to seek compensation.

How Reeves & Mestayer Can Assist

The aftermath of a bicycle-vehicle collision can be overwhelming. Dealing with injuries, medical bills, and insurance companies while trying to recover is a significant burden. At Reeves & Mestayer, our team is dedicated to advocating for the rights of injured individuals throughout Mississippi. We possess the experience to investigate such accidents thoroughly, build a strong case, and negotiate effectively with insurance companies. Our aim is to lift the legal burdens from your shoulders so you can focus on your recovery.

Contact Reeves & Mestayer today for a consultation to explore your legal options. You can call us at 228-374-5151 or reach out to us through our online contact form.