who is responsible for a bicycle accident?

Who is Responsible for a Bicycle Accident?

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Bicycle accidents cause numerous injuries and fatalities each year in the United States. The mistrust between bicyclists and motorists, especially in the bigger cities, is unmistakable, as both have a tendency of being circumspect of one another on the streets and public roadways.

Bicyclists and Motorists: Do they have Same Rights?

Motorists are mostly annoyed at some bicyclists flouting traffic laws, while the bicyclists are put off by some motorists monopolizing the road and not willing to give way. Many motorists mistakenly harbor the notion that public roadways are meant only for the use of motor vehicles.

However, bicyclists in Mississippi have the same rights on the streets and public roads as other vehicles. Most of the time, motorists are either unaware or simply do not follow these rules. And this bias, unfortunately, is the bane for bicyclists all through the personal injury legal compensatory system.

If you sustained injuries due to the negligence of a motorist while you were on your bicycle on the street or on the sidewalk, you may have the legal right to recover damages from the responsible party.

Common Causes of Bicycle Accidents

While most bicycle collisions occur in urban areas, an accident can take place anywhere or at any time. Here are some of the common causes of bicycle crashes:

Distracted Driving

This is true for both motorists and cyclists. Distractions for drivers may include texting, talking on the phone, or eating. Similarly, bikers may be distracted while they check their phones or adjust headphones while riding their bike. Taking eyes off the road even for a couple of seconds could result in missing a pothole, car, or any other hazard on the street.

Speeding

Speeding motorists are a hazard for all other road users, especially cyclists and pedestrians, as they are the most vulnerable to injuries. The effects of speeding are sometimes compounded by the weather conditions, terrain, and other road hazards.

Riding Too Close to a Cyclist

There are more chances of accidents happening when motor vehicles get too close to cyclists when passing them. Mississippi law requires drivers to leave at least three feet of space between themselves and a bicyclist they might be passing.  

Dooring

Under the Mississippi law, drivers must not open their vehicle doors unless they are sure it will not hamper the flow of traffic or cause a hazard to other road users, especially pedestrians, cyclists, and motorcyclists. Termed as dooring accidents, these occur when a driver opens a car door without warning, hitting a hapless bicyclist passing by. The cyclist might slam into the door that suddenly appears in their way, or into another road user while trying to evade the door.

Typical Injuries in Bicycle Accidents

Being almost totally exposed when on a bicycle makes you vulnerable to a number of injuries including some potentially life-threatening ones, especially if it is a bike-car collision. Some of the most common injuries in a bicycle accident include:

  • Concussions
  • Head and neck trauma
  • Spine injuries
  • Fractured bones
  • Internal bleeding
  • Soft tissue damage
  • Cuts and bruises
  • Road rash

Bicycle Traffic Laws in Mississippi

There are several traffic laws in Mississippi to ensure the safety of bicyclists on its roads. Apart from the dooring and safe passing regulations, the Mississippi Code §§ 63-3-103 and 63-3-1303 recognize bicycles to be vehicles and require other drivers to respect the rights of bicyclists on the public roadways.

Bicyclists are mostly in the midst of much faster and larger vehicles on the road, with almost no protection for themselves or their bikes. However, this does not mean that they enjoy special privileges or exemptions when it comes to following traffic regulations.

The law calls for bicyclists to obey all traffic regulations that include obeying traffic signals, avoid making sudden lane changes, yielding to pedestrians, and not riding under the influence of alcohol or drugs. The state of Mississippi does not have a specific law that compels bicyclists to wear a helmet.

Who Can You Hold Liable for a Bicycle Accident in Mississippi?

No two bicycle accidents can ever be the same, and understanding the unique circumstances surrounding a particular accident goes a long way to assigning fault and liability. 

Mississippi being a comparative fault state means that a bicyclist may seek and recover compensation for injuries sustained in an accident, even if they were partly to blame for the collision. However, comparative negligence rules also reduce in percentage, depending upon the injured cyclist’s share of the fault, any compensation that they might hope to recover.

Compensation You May Recover in a Bicycle Accident

The damages you may pursue and expect to secure in a bicycle accident injuries lawsuit are mostly akin to other personal injury claims. However, the actual monetary compensation amount you may recover depends a lot on the exact nature of your claim as well as the competence and capability of your legal representation. Damages you may collect include:

  • Economic Compensation: Medical bills, lost wages, and damaged property
  • Non-Economic Compensation: Pain and suffering, including mental and emotional trauma
  • Punitive Damages: Awarded to punish flagrant and repeated instances of negligence and wrongdoing

Injured in a Bicycle Accident in Mississippi? Gardner Law Firm is Here to Help

If you or a loved one is the victim of a bicycle accident caused by another party’s negligence, you have a legal right to claim compensation for your losses, and you should not settle for less than you deserve.

Gardner Law Firm can guide you through the Mississippi legal system with confidence, skill, and care. Call us today at (228) 900-9618 or send a message online to understand more about the legal options available to you.