Moss Point, MS Motorcycle Accident Attorney
The most vulnerable motorists on our roadways are motorcyclists. They have the same rights and responsibilities as operators of passenger vehicles, but they do not have the same kind of protection. Due to this, motorcycle riders face significantly greater risks of being hurt when they are involved in collisions. Often, their injuries are catastrophic or even deadly.
As motorcycle crashes in Mississippi have such an overwhelming capacity for devastation, injured motorcyclists and their families depend on fair compensation to be able to cover their medical bills, losses, and other damages that they incurred due to a preventable accident.
At Gardner Law Firm, our Moss Point, MS motorcycle accident attorneys have years of experience fighting for injury victims and their families. We become the bold voice of our clients to make sure that their cases are heard, and they receive the financial compensation they need to cover medical costs, lost income, and their pain and suffering. In every case, our goal is to ease the burden on our client’s shoulders by making the process more straightforward and maximizing their compensation.
Types of Motorcycle Crashes
A large number of motorcycle collisions occur due to someone else’s negligence or recklessness. This level of negligence can differ substantially between accidents. However, many collisions involve a motorist who is either drunk, distracted, speeding, driving aggressively, impaired, operating a mobile phone, or otherwise failing to drive their automobile in a safe way. Actions of this kind can cause accidents that fall under the category of:
Left-Hook Accidents
At times, a vehicle that is turning left fails to see a motorcycle rider with the right-of-way. They collide directly into the motorcyclists.
Rear-End Collisions
In such accidents, the driver of a car rear-ends a motorcyclist.
Side-Swipe and Lane Change Crashes
These types of accidents take place when the driver of an automobile fails to see a motorcycle rider in the adjacent lane. They accidentally cut them off, leading to a crash, or side-swipe them as they change lanes.
T-Bone Accidents
In T-bone accidents, the driver hits a motorcycle rider who is moving through an intersection. This usually occurs when the driver is skipping a red light, speeding, or otherwise violating a traffic rule.
At times, the carelessness of third parties, such as a municipality, causes the crash. They may fail to maintain a roadway, causing a motorcycle rider to crash into a pothole or suffer another type of accident. The motorcycle manufacturer may also be held responsible for an accident. For instance, the accident may have occurred due to defective parts.
Establishing Liability in a Moss Point, Mississippi Motorcycle Crash
A motorcycle crash can be a devastating experience, leaving victims with severe injuries, mounting medical bills, and emotional trauma. In the aftermath, one of the most critical steps is to establish liability – identifying who is legally responsible for the accident and your resulting damages. At Gardner Law Firm in Moss Point, Mississippi, our attorneys are dedicated to meticulously investigating the circumstances surrounding your motorcycle wreck to determine all liable parties and maximize your potential compensation.
The Investigative Process: Uncovering the “Why”
Understanding why a motorcycle crash occurred is paramount to establishing liability. Our experienced legal team at Gardner Law Firm acts swiftly to deploy a comprehensive investigative strategy. This often begins with promptly dispatching our own investigators to the crash site. Their immediate actions can be crucial in preserving perishable evidence. Key pieces of evidence we diligently collect and analyze include:
- Pictures from the Motorcycle Crash Site: High-resolution photographs taken from various angles can provide invaluable insights into vehicle positioning, road conditions, debris fields, and the extent of property damage, all of which can paint a clearer picture of the accident’s dynamics.
- Witness Statements: Eyewitness accounts, gathered as soon as possible after the incident, can offer unique perspectives and corroborate or challenge other evidence. Our investigators are skilled at interviewing witnesses effectively and documenting their statements.
- Available Surveillance Camera Footage: Many intersections, businesses, and even private residences have surveillance cameras. This footage can provide an objective, real-time view of the accident as it unfolded, often revealing critical details about vehicle speeds, traffic violations, or driver actions.
- Driver Mobile Phone Records: In cases where distracted driving is suspected, obtaining driver mobile phone records can reveal if a driver was actively using their phone (texting, calling, or using apps) at the time of the collision.
- Event Data Recorder (EDR) or “Black Box” Data: Modern vehicles are equipped with EDRs that record crucial data points leading up to and during a crash, such as speed, braking, steering input, and seatbelt usage. This technical data can provide irrefutable evidence regarding vehicle performance and driver behavior.
- Motorist Chemical Test Outcomes: If there is suspicion of impairment, the results of blood alcohol content (BAC) tests or drug tests performed on the involved motorists are vital in determining if intoxication played a role in the accident.
Deepening the Analysis
Beyond the initial evidence collection, our firm leverages a vast network of highly qualified experts to gain a deeper understanding of complex accident scenarios. These experts can provide specialized insights that are often critical in proving liability:
- Motorcycle Safety Experts: These professionals can analyze the specific characteristics of motorcycles and how they interact with other vehicles and road conditions, helping to explain factors that might contribute to motorcycle accidents.
- Accident Reconstructionists: Utilizing scientific principles, physics, and detailed data, accident reconstructionists can recreate the crash sequence, determining vehicle speeds, points of impact, and other crucial dynamics that led to the collision. Their testimony can be incredibly persuasive in court.
Our investigation may sometimes reveal that the accident wasn’t solely due to the negligence of another driver. We explore all possibilities, and our work may uncover contributing factors such as:
- Mechanic’s Careless Repairs: If a mechanic performed shoddy or negligent repairs on a vehicle, leading to a mechanical failure that caused the crash, the mechanic or the repair shop could be held liable.
- Faulty Motorcycle Part: A defect in the design or manufacturing of a motorcycle part, such as brakes, tires, or steering components, can lead to catastrophic failures. In such cases, the manufacturer or distributor of the faulty part could be held responsible under product liability laws.
- Poorly Designed and/or Maintained Roadway: Dangerous road conditions, such as potholes, inadequate signage, poor lighting, or faulty traffic signals, can directly contribute to accidents. In these instances, governmental entities responsible for road design and maintenance may bear some liability.
Identifying All Potential Sources of Compensation
To maximize your compensation, it is crucial to identify every party who may bear responsibility for your motorcycle accident. While the negligent driver is often the primary focus, other entities may also share liability:
- Motorist’s Employer: If the at-fault driver was operating a vehicle as part of their employment when the accident occurred, their employer might be held vicariously liable for their employee’s negligence. This is particularly relevant in commercial vehicle accidents.
- Dram Shop Liability (Bars, Restaurants, Stores Selling Alcohol): Under Mississippi’s dram shop laws, a bar, restaurant, or store that sells alcohol to a minor or to a “visibly intoxicated” person who then causes an accident can be held liable for damages. This expands the pool of potential defendants and sources of compensation for your injuries.
By thoroughly investigating all angles and identifying every potential responsible party, the Moss Point motorcycle crash attorneys at Gardner Law Firm work tirelessly to build a strong case aimed at securing the maximum possible compensation for your medical expenses, lost wages, pain and suffering, and other damages.
Statute of Limitations
The concept of a “statute of limitations” is a critical legal principle that dictates the maximum time frame within which legal proceedings, such as a personal injury lawsuit, can be initiated after an alleged offense or incident. In the state of Mississippi, this statute plays a pivotal role in motorcycle collision cases. If you’ve been involved in such an accident and are considering seeking compensation for your injuries and damages, understanding this time limit is paramount.
The clock on the statute of limitations begins ticking from the date of the motorcycle collision. Once this period expires, you generally lose your right to file a lawsuit, regardless of the merits of your claim. This makes prompt action incredibly important. The specific duration can vary depending on the type of claim (e.g., personal injury, property damage), so consulting with a knowledgeable attorney is essential to ascertain the precise deadline applicable to your unique situation.
This is precisely why obtaining the assistance of experienced motorcycle crash attorneys as soon as possible after your accident is not just advisable, but crucial. Your legal team requires ample time to thoroughly assess the nuances of your case. This involves a comprehensive investigation into the accident’s circumstances, including gathering vital evidence such as police reports, witness statements, medical records, and photographs of the scene and vehicle damage.
Furthermore, your attorneys will dedicate time to building a strong case on your behalf. This includes sending demand letters to the at-fault party’s insurance company, engaging in negotiations with adjusters to secure a fair settlement, and, if negotiations prove unsuccessful, preparing and filing a lawsuit in court. Each of these steps is time-consuming and requires meticulous attention to detail.
Delaying legal action can severely hinder your attorneys’ ability to collect fresh evidence, locate witnesses, and ultimately, protect your right to seek the compensation you deserve. Therefore, proactive engagement with legal counsel is the best course of action to ensure your claim is pursued effectively within the stipulated legal timeframes.
Motorcycle Accidents May Occur Due to Motorist Distraction
Accidents often occur when a motorist doesn’t check on the car’s blind spot before changing lanes, when a driver moves through an intersection into the path of a motorcyclist, or when a motorist fails to yield the right of way to the motorcycle.
In MS, most laws that apply to vehicle accidents are also applicable to motorcycle crashes. For instance, an injured motorcyclist must file a claim to recover compensation within two years of the accident in most cases. Further, a motorcyclist may recover the same types of damages, and the same regulations regarding liability and insurance coverage apply.
Our lawyers will conduct a robust crash site investigation, and where necessary, will use the professional expertise of accident reconstruction and medical specialists to show how the wreck occurred and how it caused injury or fatality.
How Can Our Moss Point, MS Motorcycle Crash Attorneys Help You?
At Gardner Law Firm, our lawyers are caring, compassionate, and willing to fight hard on your behalf. When working with our firm on your motorcycle crash claim, you will get:
- Experienced legal professionals
- Specialists in motorcycle crash litigation
- Satisfaction with the results
- Contingency fee structure
- Responsiveness
- Ethics
Motorcycle accidents occur for a variety of reasons, including drunk driving, failure to follow traffic rules, and speeding. If you or a loved one has been hurt in a motorbike crash in Moss Point, MS or the surrounding areas, the legal team at Gardner Law Firm is there for you. Call us at (228) 436-6555 today or message us online for a free consultation and case assessment.