Bicycle Accident Attorneys in Biloxi
As far as hobbies go, there is plenty to like about biking. It’s a prolific aerobic exercise and a fun way to get around town during pleasant weather. Riding a bicycle is also considered beneficial for the planet – it does not burn any gas, just calories. But as always, there is a catch – personal safety.
Two-wheelers like bicycles and motorcycles offer zero body protection in the event of an accident or collision. Cars have airbags, seatbelts, crumple zones, a metal envelope, and other safety features that offer a modicum of protection from injury on the road. On a bicycle, you get nothing.
Wearing a helmet may give you some protection against fatal head injuries. Bicycle accidents can cause severe long-term injuries and even death – each year, over 800 bicyclists die on US roads. Living with bicycle injuries can be incredibly painful, with severe financial consequences due to potential disabilities.
Unfortunately, you need to fight for your compensation claims aggressively as a bicycle accident victim. The onus is on you to build a solid case and prove that you are not at fault. Gardner Law Firm has decades of handling such cases for bicycle accident victims. Our personal injury lawyers can help you take the fight to lowballing insurance firms and secure reasonable compensation for all your bicycle accident injuries and losses in Biloxi, MS.
Negligent drivers are a potential threat to bicyclists in Biloxi, MS
Riding a bicycle is not inherently dangerous, as long as you have a reasonable amount of experience in the saddle. Riding on outdoor bike trails with a helmet and pads is relatively safe. The real danger to cyclists comes from other vehicles on the road.
In any collision between a two-wheeler and a car/truck, the odds are stacked heavily in favor of the occupants of the car. This is why many European countries like the Netherlands have dedicated bike lanes/paths that keep bicycle riders away from traffic.
Unfortunately, the United States is not a bike-friendly nation. Our roads are designed primarily for cars and other large vehicles. Even if you follow all the traffic rules and ride your bicycle safely and responsibly, an irate or negligent driver is all it takes to cause a serious accident.
Ignorance or lack of awareness is also a major reason – most drivers don’t know their local traffic laws on bicycles.
Biloxi, Mississippi has specific bicycle safety laws
Under the state laws, bicycles on the road are considered to be vehicles – other drivers must respect the rights of cyclists on Biloxi, MS roads. This involves maintaining a safe distance of at least three feet (3ft) when passing a bicycle.
Apart from the clearance requirement, there are specific rules about safe turning. Turning right into a highway/freeway or at an intersection while passing a bicyclist headed in the same direction is prohibited (unless it can be executed safely). The law also expressly prohibits drivers from harassing, intimidating, and taunting bike riders, or throwing any objects in their direction.
On their part, bicycle riders in Biloxi have to follow all state traffic laws, including the ones related to DUI. Reflectors and white light/lamp with 500+ feet visibility are mandatory on bicycles used at night. Riders have to make appropriate road signals before turning or coming to a stop. Bicyclists can ride more than two abreast on bike paths – but not on regular roads with other vehicles.
Many bicycle accidents in Biloxi, MS are ‘failure to yield’ crashes
When a bicycle is designated as a ‘vehicle’ by law, it grants the riders the same right-of-way as other cars and trucks on the roads. But in reality, most drivers don’t follow this principle. They do not respect the rights of cyclists and generally consider them as a nuisance.
This attitude and sense of entitlement of drivers are the root cause of many bicycle accidents in Biloxi. A ‘failure to yield’ accident occurs when a driver fails to accord adequate space and right of-of-way to bicycles on the road. A driver can do this in several ways, both consciously and otherwise:
- By speeding
- Driving under the influence of alcohol/drugs
- Being distracted on the phone and so on
- Not using turn signals
- Failing to check for blind spots during turns, changing lanes, and the list continues
- By not keeping a general lookout for bikes
As you can see, there are many ways in which an errant driver can trigger a dangerous bicycle accident while driving. Unfortunately, they can also pose a threat to cyclists when they are not driving the car.
Dooring is Another Leading Cause of Bicycle Accidents in Biloxi
A rapidly opening vehicle door can catch a bicycle rider by surprise, giving them precious little time to react. When drivers or passengers cause a crash by opening a car door directly into the path of a cyclist, it is called “dooring.”
A dooring collision can cause injury in two ways – first through the direct impact, and at times by throwing the rider forward into oncoming traffic, with disastrous consequences.
Unfortunately, dooring is quite common, accounting for nearly one-fifth of all bicycle accidents.
The responsibility for checking the road for oncoming traffic rests entirely on the occupants of a vehicle. Anyone performing an unsafe exit from a vehicle is liable for any damages/injuries to others by such actions.
What Types of Compensation Are Available in a Mississippi Bicycle Accident Claim?
If you have been injured while cycling in Mississippi, you are likely facing a long road to recovery. Bicycle accidents often result in severe injuries because riders have very little protection against heavy motor vehicles. Under Mississippi law, if someone else’s negligence caused your crash, you have the right to seek “damages”—the legal term for financial compensation.
Understanding what you can claim is the first step toward a fair recovery. In Mississippi, compensation is generally divided into three main categories: economic damages, non-economic damages, and, in rare cases, punitive damages.
Economic Damages: The Bills and Receipts
Economic damages are the most straightforward part of a claim because they represent the actual money you have lost or will lose because of the accident. These are “calculable” losses that usually come with a paper trail, such as bills, receipts, or pay stubs.
Medical Expenses
This includes every cost related to your physical recovery. It covers the initial ambulance ride, emergency room visits, hospital stays, surgeries, and diagnostic tests like X-rays or MRIs. It also includes “future medical care,” which is vital if your injuries require long-term physical therapy, follow-up surgeries, or specialized medical equipment like a wheelchair.
Lost Wages and Earning Capacity
If your injuries kept you out of work, you can claim the income you lost during that time. If your injury is permanent and you can no longer work in the same field—or work at all—you can seek “loss of future earning capacity.” This compensates you for the career growth and salary you would have earned had the accident not occurred.
Non-Economic Damages: The Personal Toll
Not every loss has a price tag. Non-economic damages compensate you for the intangible ways an accident has changed your life. These are often the most significant part of a serious injury claim, though they are harder to calculate.
Pain and Suffering
This covers the physical pain you endured during the crash and throughout your recovery. It also accounts for the ongoing chronic pain that many cyclists experience after a major collision.
Mental Anguish and Emotional Distress
Bicycle accidents can be traumatic. Many victims suffer from anxiety, depression, or post-traumatic stress disorder (PTSD) after being struck by a car. This category compensates you for the psychological impact of the event.
Loss of Enjoyment of Life
If you were an avid cyclist or athlete and your injuries now prevent you from riding or participating in hobbies you love, you can be compensated for that loss of lifestyle.
Disfigurement and Scarring
If the accident left you with permanent scars or the loss of a limb, Mississippi law allows you to seek damages for the physical and emotional impact of those changes to your body.
Property Damage: Your Bike and Gear
In addition to your physical injuries, you are entitled to the cost of repairing or replacing your property. High-end bicycles, GPS computers, helmets, and cycling kits can cost thousands of dollars. In a Mississippi claim, the at-fault party is responsible for the fair market value of the bike if it is totaled, or the cost of professional repairs if it can be fixed.
Punitive Damages: Punishing Reckless Behavior
Punitive damages are not meant to compensate the victim for a specific loss. Instead, they are designed to punish the defendant and discourage others from acting the same way. These are only awarded in Mississippi if you can prove with “clear and convincing evidence” that the driver acted with actual malice or gross negligence—such as a drunk driver or someone intentionally trying to run a cyclist off the road.
The Impact of Pure Comparative Negligence
Mississippi follows a “pure comparative negligence” rule. This is very important for cyclists because insurance companies often try to blame the rider for the accident. Under this rule, you can still recover compensation even if you were 99% at fault. However, your total check will be reduced by your percentage of blame.
For example, if a jury decides your total damages are $100,000 but finds you were 20% at fault because you didn’t have a required rear light at night, you would receive $80,000 (the total minus your 20% share of fault).
The Three-Year Deadline
In most cases, the statute of limitations for a bicycle accident in Mississippi is three years from the date of the crash. If you do not file a lawsuit within this window, you lose your right to seek compensation forever. If the accident involved a government vehicle (like a city bus or a mail truck), this deadline might be much shorter—sometimes only one year—so acting quickly is essential.
Final Thoughts on Documentation
To get the full compensation you deserve, you must prove your losses. Save every medical bill, keep a “pain journal” to track your daily struggles, and take photos of your damaged bike and gear. Because Mississippi’s laws on comparative fault can be tricky, many cyclists find that working with a legal professional helps ensure they aren’t unfairly blamed for the collision.
Consult a Biloxi, MS Bicycle Accident Lawyer for a Successful Injury Claim
Any bicycle accident involving another vehicle has the potential to turn into an intricate liability battle. Insurance companies often try to place the blame for the bicycle accident on the rider to avoid a costly payout. Our reliable Biloxi, MS bicycle crash attorneys at Gardner Law Firm can turn the odds in your favor in the following ways:
Accurately estimate the eligible compensation amount
Investigate the crash, get witness statements
Collect evidence to prove the liability of the driver
The size of the final settlement will depend on factors such as the severity of the injury, the duration of forced absence from work, presence of any long-term disability, pain and suffering, the extent of liability of the driver, and the involvement of multiple guilty parties.
If you or a loved one is a victim of a bicycle accident caused by a negligent driver, know that you deserve fair compensation. The legal burden is not easy to bear, especially in the immediate traumatic aftermath of an accident.
Our bicycle injury lawyers can help you deal with everything – securing medical care, negotiating an adequate settlement with insurance companies, and building a solid case to win it in a court of law if necessary. For a free consultation and review of your case, call Gardner Law Firm at 228-436-6555, or contact us online here.
Contact Gardner Law Firm Today
Biloxi
- 178 Main Street,
Biloxi, MS, 39530 - P: (228) 436-6555
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Pascagoula
- 3012 Canty Street,
Pascagoula, MS, 39567 - P: (228) 762-6555
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- Monday – Friday: 8:00 AM – 5:00 PM
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