Motorcycle Accidents

Serving Mississippi, Alabama, Louisiana, and the Gulf Coast

Motorcycle accident victims face a combination of challenges that other types of accident victims do not. Injuries are often severe or catastrophic, and you may not even remember the accident. The most difficult challenge is overcoming the prejudice against bikers that can affect every aspect of your case from the police report, to witness statements, to how the jury perceives you.

We’ve all observed bikers speeding and driving recklessly, weaving between cars and sometimes between lanes.  Understand that the majority of motorcyclists do not drive recklessly but enjoy the speed and freedom of owning a bike. Most motorcyclists are responsible riders who follow the rules of the road.

Our Biloxi motorcycle accident attorneys represent motorcycle accident victims throughout Mississippi and are here to fight for justice for you. We are experienced, aggressive, and have a track record of success in these cases. Please call us today at 228-300-2754 or toll free 1-855-558-2977 to help you handle the trauma after a motorcycle accident.

Motorcycle Dangers in Mississippi

Motorcycle accidents in Mississippi took the lives of 42 individuals in 2018, according to the state Office of Highway Safety. Among those deaths, seven people were not wearing a helmet.

Nationally, there were 4,985 motorcyclists killed in crashes in 2018, an almost 5% decrease from the previous year, according to the National Highway Traffic Safety Administration (NHTSA). If you are in a motorcycle accident with a motor vehicle, it is nearly 28 times more likely to result in a fatality.

That’s because you do not have the advantage of a protective steel cage, roll bars, seat belts, and inflatable air bags. It’s just you and the road.

If the bread winner for your family is injured it will be up to family members to pick up the pieces. You will need to deal with police who prepare an accident report, insurance adjusters, who try to figure out the at-fault party, and a loss of income. At the same time, medical bills are piling up alongside your pain and suffering. In the worst cases, funeral costs will need to be dealt with.

It will be up to your lawyers to determine who is the at-fault driver. Was there a distracted driver or an intoxicated driver involved?  Did the driver of the automobile cause the accident by turning in front of the motorcycle? These are common scenarios that often lead to motorcycle accidents.

Causes of Mississippi Motorcycle Accidents

As your law firm, we will start our investigation looking at the most frequent causes of motorcycle accidents and injuries including:

• Impaired Driving/Riding – In 2017, there were 1,357 deaths among motorcyclists who were impaired with a blood alcohol content of 0.08 % or higher. The driver of an automobile is also less likely to see a motorcyclist if he has been drinking. Whether driving a car or a motorcycle, there is no reason to be impaired, especially when one can call a car service with the ease of pushing a few buttons on a smart phone.
• Speeding – Among fatalities nationally, 32 percent of motorcycle riders were speeding. Speeding, by either biker or passenger car, increases the risks for everyone on the road, and if there are adverse weather conditions, everyone should reduce their speed.
• Failure to Yield – We often hear from drivers who say they simply did not see the motorcycle before a collision.  The bike may have been in a blind spot or the driver may not have been looking. That driver may fail to yield to the motorcyclist’s right of way when they turn in front of him. Left turns by passenger cars cause the most common type of collisions with motorcycles.
• Distracted Driving – Distracted driving is anything that takes a motorist’s focus away from their primary job of safely operating a vehicle. Drivers have always had to deal with various distractions, such as unruly passengers, signs and billboards that steal their attention for too long, eating and drinking, grooming, tuning the car radio, reaching for objects in the vehicle, and in recent decades, talking on their cell phone.

We’ve seen a sharp increase in motorcycle accidents in the years since Apple released the first iPhone in 2007. The National Safety Council (NSC) reports we lose about 100 people on the roads every day with about one-quarter due to distracted driving.

In Mississippi, drivers receive a $100 fine when caught texting and driving, not much of a deterrent to the habitual practice of checking one’s phone. Distracted driving also risks the vehicle’s occupants, other drivers, pedestrians, and bicyclists.

Motorcycle Helmet Law in Mississippi

Federal statistics show 749 lives could have been saved in 2017 if motorcyclists had worn helmets. Without a helmet, motorcyclists can suffer traumatic brain injuries (TBI). These occur when the biker is thrown from the motorcycle and there is nothing to stop the momentum other than a tree, the road, or a stationary object. Unfortunately, the projectile path often leads with the head traveling at a great rate of speed.

Traumatic brain injuries (TBI) are the most difficult to recover from and often these injuries are permanent.

Misinformed friends and family may have told you that you have no right to compensation because you were not wearing a helmet at the time of the accident, and the insurance company would be thrilled if you believed that, but it is a myth.

Mississippi’s helmet law requires all riders and their passengers to wear an official Department of Transportation-approved helmet, but you are still allowed to recover compensation for your injuries if you were not wearing one when your accident occurred.

Mississippi follows the doctrine of pure comparative fault, which allows injury victims to receive compensation, even if they were partly to blame for their injuries.

Keep in mind, however, that compensation is reduced by your portion of blame. For example, if not wearing a helmet contributed 20% to your injuries and the award is $100,000, then you will only be allowed to collect $80,000.

If you suffered head and brain injuries, your compensation for those injuries may be reduced as a result of your failure to wear a helmet. Compensation for injuries that cannot be minimized by helmet use, such as a back injury, is not affected.

Bottom line: it is much easier for you to recover damages if you have done all you can to protect yourself.

Preparing Your Motorcycle Accident Case

You will certainly need representation as soon as possible after your motorcycle accident.  Even though most cases settle out of court, we will prepare your case as if we are going to trial.  We start with a thorough investigation of your motorcycle accident.

We will rely on police reports, witness statements, and forensics from the scene to bolster our position that you were following the rules of the road.  We will need to fight all efforts by the other side which will claim you are responsible for your own injuries.

When proving negligence on the part of the driver who caused your injuries, we need to present a solid case that will get past the misconception that motorcycle accident victims are automatically to blame for their injuries because they are risk takers, and turn that prejudice on its head to show that the real negligence is the carelessness of drivers and their disregard for motorcyclists’ right of way.

We will present a compelling picture of how your injuries have affected you and your family and how they will continue to do so in the years to come.

Picking up the pieces after a Mississippi motorcycle accident is hard enough. Let us help you during this difficult time.

If you or a loved one suffered injury in a motorcycle accident in Mississippi, our Biloxi lawyers and are here to fight for justice for you. We are experienced, aggressive and have a strong track record of success in these cases. Please call us today at 228-300-2754 or toll free 1-855-558-2977 to schedule your free consultation.

We also handle motorcycle accident cases in Pascagoula.

Frequently Asked Questions About Mississippi Motorcycle Accident Claims

What is the time limit for filing a motorcycle accident lawsuit in Mississippi?

Under Miss. Code § 15-1-49, you generally have three years from the exact date of your motorcycle crash to file a personal injury lawsuit. Missing this strict statutory deadline means you will permanently lose your legal right to pursue financial compensation for your mounting medical bills, damaged property, and physical suffering through the civil court system.

Can I still recover compensation if I was partially at fault for the crash?

Yes, you can still recover financial damages. Mississippi follows a pure comparative negligence legal framework under Miss. Code § 11-7-15. This means that even if you share a major portion of the blame for the accident, your total compensation award is simply reduced by your specific percentage of assigned fault regarding the incident.

How does not wearing a helmet affect my personal injury claim?

Mississippi law mandates that all motorcycle operators and passengers wear a Miss. Code § 63-7-64 compliant helmet. If you ride without one and sustain head injuries, insurance adjusters and defense teams will likely argue that your failure to wear protective gear contributed significantly to your injuries, potentially reducing your final payout under pure comparative negligence rules.

What types of financial damages can I claim after a motorcycle wreck?

Injured riders can typically pursue both economic and non-economic damages. Economic damages cover objective expenses like hospital bills, rehabilitation costs, lost wages, and motorcycle repair or replacement. Non-economic damages compensate you for subjective losses such as physical pain, emotional trauma, and long-term loss of enjoyment of life. These categories are available to help restore your pre-accident financial standing.

What should I do immediately following a motorcycle collision on the road?

First, ensure your safety and call 911 to get police and medical personnel to the scene. Exchange contact and insurance details with other drivers, take comprehensive photographs of the vehicles and road conditions, gather witness information, and seek immediate medical evaluation to document your injuries thoroughly before speaking with insurance adjusters who might try to minimize your potential recovery.

Why are insurance adjusters often hostile toward injured motorcyclists?

Insurance companies frequently exploit pervasive anti-motorcycle bias, falsely stereotyping riders as reckless speeders. Adjusters use these unfair biases to wrongfully shift blame onto you, minimize the seriousness of your injuries, and pressure you into accepting a lowball settlement before you understand the full scope of recovery. Protecting your rights early is essential to countering these common insurance tactics.

What happens if the driver who hit me has no insurance or flees the scene?

If you are the victim of a hit-and-run or the at-fault motorist lacks insurance, your own uninsured motorist coverage can help pay for damages. Reviewing your specific policy details with a legal professional helps determine what coverage options protect you against financially irresponsible drivers operating vehicles on state roads when they have no valid insurance to cover your costs.

Are there special rules if my accident involved a government-owned vehicle?

Yes. Under the Mississippi Tort Claims Act, specifically § 11-46-11, if your crash involves a municipal or state vehicle, you must file a formal written notice of claim within one year of the incident. This notice requirement acts as a critical procedural prerequisite before you can proceed with a formal lawsuit.

How long will it take to resolve my motorcycle accident injury claim?

Every case is unique, so timelines vary based on injury severity, medical recovery status, and liability disputes. Simple claims might settle in several months, while complex cases requiring expert accident reconstruction and courtroom litigation can take over a year to achieve a fair and just financial recovery for you. Persistence is key to reaching a successful and full outcome.

Should I accept the initial settlement offer from the insurance company?

You should never accept an early settlement offer without consulting an attorney. Initial offers are almost always designed to minimize the insurer’s financial liability. Once you sign a release, you cannot ask for more money later, even if your medical complications require expensive future surgeries and ongoing rehabilitation. Always ensure your true long-term needs are fully evaluated first.

What does a motorcycle accident attorney actually do to help my case?

An experienced lawyer investigates the crash scene, preserves vital electronic and physical evidence, interviews independent witnesses, consults accident reconstruction specialists, handles aggressive insurance communications, calculates your true long-term damages, and aggressively fights for maximum compensation while you focus entirely on your physical healing and personal recovery. Legal counsel ensures you do not accept less than what is deserved.

How much does it cost to hire a Mississippi personal injury lawyer?

Most reputable personal injury law firms handle motorcycle accident claims on a contingency fee basis. This means you pay absolutely nothing upfront or out of pocket; the attorney only collects an agreed-upon percentage of the final financial recovery if they successfully win your case or secure a settlement. This arrangement provides access to justice without additional financial burden.