Jackson Mississippi Motorcycle Accident Lawyers

First, ensure your safety and call 911 to report the crash and request medical help. If you can, take photos of the scene, get witness information, and exchange insurance details with the other driver. Do not admit fault. Seek immediate medical attention, even for seemingly minor injuries, and then call an experienced motorcycle accident attorney.

Yes. While Mississippi has a universal helmet law, not wearing one does not prevent you from filing a claim. However, the defense may argue that your failure to wear a helmet contributed to your head injuries, which could reduce your compensation under the state’s pure comparative fault law. It is vital to have an attorney who can fight this argument.

Under Mississippi Code § 11-7-15, you can recover damages even if you are partially at fault. Your total compensation will be reduced by your percentage of blame. For example, if you are found 10% at fault, your $100,000 award would be reduced to $90,000. Insurance companies use this to their advantage, so it’s crucial to have a lawyer who can minimize any fault assigned to you.

The general statute of limitations for personal injury in Mississippi is three years from the date of the accident. However, if your claim is against a government entity (like the city or state), you must file a formal notice of claim within 90 days and file a lawsuit within one year under the MTCA.

No. While Mississippi law does not have a statute that explicitly uses the term “lane splitting,” the practice is effectively prohibited by other traffic laws that require vehicles to remain within a single lane. Engaging in lane splitting can be used by an insurance company to assign fault to the motorcyclist in the event of a crash.

No, you can still file a claim even without a motorcycle endorsement. However, the insurance company may try to use the lack of an endorsement to argue that you were an inexperienced or unqualified rider and therefore partially at fault. Your attorney can work to counter this argument by focusing on the negligence of the other driver.

Yes, if you have Uninsured/Underinsured Motorist (UM/UIM) coverage on your own motorcycle or auto insurance policy. This valuable coverage allows you to make a claim against your own insurance company to cover the damages caused by an at-fault driver who has no insurance.

Rideshare cases are complex because they can involve multiple insurance policies. Depending on whether the driver was waiting for a ride request, en route to a passenger, or had a passenger in the car, Uber or Lyft’s commercial insurance policies (which have high limits) may apply. It is essential to have a lawyer who understands how to navigate these specific types of claims.

Independent witness testimony is often the most powerful evidence, as it can confirm that the motorcyclist had the right-of-way. Video footage from dashcams or nearby surveillance cameras is also invaluable. An accident reconstructionist can also analyze the physical evidence to prove the car turned into the motorcycle’s path.

Crashes are common on high-traffic corridors with numerous intersections and commercial driveways, such as Lakeland Drive (MS-25), County Line Road, and State Street. High-speed highways like I-55 and I-20 are also frequent sites of serious motorcycle accidents due to lane changes and commercial truck traffic.

If the at-fault driver has no insurance (UM) or not enough insurance to cover your damages (UIM), you can file a claim with your own insurance company up to the limits of your UM/UIM policy. This coverage is crucial for protecting yourself from irresponsible drivers, as Mississippi’s minimum liability limits are very low.

Not usually by the at-fault driver’s insurance. They typically pay in a lump sum settlement at the end. In the meantime, you can use your own health insurance or MedPay coverage (if you have it) to pay for treatment. An attorney can also sometimes arrange for medical providers to treat you on a lien basis, meaning they agree to be paid out of the future settlement.

Yes. The property damage portion of your claim should include the cost to repair or replace not only your motorcycle but also any damaged gear, including your helmet (which should always be replaced after a crash), riding jacket, and any custom upgrades or modifications to your bike. Keep receipts for these items if possible.

If a pothole, loose gravel, or other dangerous road condition caused your crash, you may have a claim against the government entity responsible for maintaining the road. These claims fall under the Mississippi Tort Claims Act (MTCA) and have a very short 90-day notice period and one-year statute of limitations, so you must act quickly.

Yes. You are entitled to compensation for all past lost wages and for any reduction in your future ability to earn a living. Proving loss of future earning capacity often requires testimony from vocational experts and economists, which your attorney can arrange.

No. It is highly recommended that you do not speak to the other driver’s insurance adjuster or give a recorded statement without first consulting with an attorney. Their goal is to find information to use against you and minimize your claim. Let your lawyer handle all communication with them.

Your attorney will obtain the report for you as part of the investigation. You can also request it yourself from the relevant agency, often through an online portal. For state highway crashes, you can use the Mississippi Department of Public Safety’s crash report website.

Accidents involving commercial trucks are more complex than standard car accidents. They involve federal regulations, and the trucking company can also be held liable for negligent hiring, training, or maintenance. It is critical to hire an attorney with experience in trucking litigation to handle these cases.

In a single-vehicle crash, you may still have a claim if another party’s negligence caused you to crash. This could be a “phantom vehicle” that ran you off the road and fled the scene (which would trigger a UM claim) or a dangerous road defect (a claim against a government entity).

Proving distracted driving can be challenging but is not impossible. Evidence can include witness statements that the driver was looking down, cell phone records obtained through a subpoena showing texts or calls at the time of the crash, and admissions by the driver.

Yes. As an injured passenger, you have the right to bring a claim. Depending on the circumstances, you may have a claim against the driver of the other vehicle, the operator of the motorcycle you were on, or both. You may also be able to access UM/UIM coverage from multiple policies.

Thanks to Mississippi’s pure comparative fault rule, you can still recover damages even if you were partially at fault. Your recovery will simply be reduced by your percentage of fault. Do not assume you don’t have a case just because you think you might share some of the blame.

Medical Payments (MedPay) is an optional, no-fault coverage on your own insurance policy. It pays for your initial medical bills up to your policy limit, regardless of who was at fault. It is a good idea to use it, as it can provide immediate financial relief while your main liability claim is pending.

Yes. These are known as non-economic damages and are a significant component of a motorcycle injury claim. You are entitled to compensation for the physical pain, emotional distress, permanent scarring, and loss of quality of life you have endured.

A life care plan is a detailed report, prepared by a certified expert, that outlines all the future medical and personal care an individual with a catastrophic injury (like a TBI or spinal cord injury) will need for the rest of their life. It is a crucial tool for proving the full value of future damages.

Yes, most likely. If your health insurance company pays for your medical bills, your policy gives them the right to be reimbursed from any settlement you receive. This is called subrogation. An experienced attorney can often negotiate with the insurance company to reduce the amount of their lien, which maximizes the amount of money you get to keep.

The timeline varies greatly depending on the complexity of the case and the severity of the injuries. A straightforward case with minor injuries might settle in a few months. A complex case involving a trial and catastrophic injuries could take two years or more. Your attorney can give you a more specific estimate based on your situation.

Most motorcycle accident cases (over 95%) are settled out of court through negotiations. However, we prepare every case as if it will go to trial. This readiness gives us leverage and ensures we are prepared to fight for you in court if the insurance company refuses to offer a fair settlement.

If the at-fault driver cannot be found, you can still recover compensation through your own Uninsured Motorist (UM) coverage. A hit-and-run is treated as a claim against an uninsured driver. It is vital to report the hit-and-run to the police immediately to support your UM claim.

Video evidence is incredibly powerful. It provides an objective, unbiased account of how the accident happened and can instantly shut down any attempts by the other driver to lie or change their story. If you have video, it is one of the most valuable pieces of evidence for your case.

They can be. An insurance company might argue that modifications like custom handlebars or exhaust pipes made the motorcycle unsafe or contributed to the accident. However, as long as the modifications are legal, your attorney can effectively argue that they are irrelevant to the negligence of the at-fault driver.

Yes, but the process is different. You must file a claim against the government entity under the Mississippi Tort Claims Act (MTCA). You have only 90 days to provide a formal Notice of Claim and only one year to file a lawsuit. It is critical to contact an attorney immediately in these cases.

A claim is a demand for compensation made to an insurance company. Most cases begin and end with an insurance claim. A lawsuit is a formal legal action filed in court. A claim becomes a lawsuit only if the insurance company refuses to negotiate in good faith and offer a fair settlement.

Proving the need for future medical care is done through the testimony of your treating physicians and, in serious injury cases, medical experts and life care planners. They will provide professional opinions on the treatment, therapy, medication, and assistance you will need for the rest of your life, along with the associated costs.

While not having the proper license endorsement is a violation of the law, it does not automatically prevent you from recovering damages if the other driver was at fault. The focus of the case is on the negligence that caused the crash. However, expect the insurance company to use this fact to try to assign partial fault to you.

Absolutely. Insurance companies will search your social media profiles for photos or posts that contradict your injury claims. Posting pictures of yourself being active or making comments about the accident can be used against you. It is best to refrain from posting anything about your accident or your recovery online.

Almost never. The first offer from an insurance company is typically a lowball offer made to see if you will accept a quick and cheap payout. You should never accept any offer without first consulting with an experienced attorney to understand the true value of your claim.

It costs you nothing upfront. We work on a contingency fee basis, which means we only get paid if we win your case. Our fee is a percentage of the total amount we recover for you. This allows everyone to have access to high-quality legal representation.

If a defective product—like a faulty brake system or a helmet that failed—caused the crash or worsened your injuries, you may have a separate product liability claim against the manufacturer of that product. These are complex cases that require specialized expertise.

Yes. If a negligent driver’s actions forced you to take evasive action and crash, you can still hold them liable, even if their vehicle never touched yours. This is often called a “phantom vehicle” case and would typically be covered by your Uninsured Motorist (UM) policy if the driver flees the scene.

This is a very common location for accidents due to the high volume of traffic entering and exiting the medical centers and surrounding businesses. Left-turn accidents are particularly frequent. We have experience handling cases that occur in this specific high-risk corridor.

In cases with disputed liability, an accident reconstruction expert can be invaluable. They can analyze physical evidence from the scene and vehicles to scientifically determine speeds, angles, and the sequence of events, providing a powerful, objective opinion on who was at fault.

Yes, potentially. If a dangerous pothole or road defect caused your crash, you may have a claim against the government entity responsible for maintaining that road. However, you must act very quickly due to the short notice periods and statute of limitations under the Mississippi Tort Claims Act (MTCA).

A wrongful death claim is brought by the surviving family members of someone killed by a negligent act. The claim seeks compensation for the financial and emotional losses the family has suffered, as well as for the deceased’s own pain and suffering before they passed. Only specific relatives are entitled to bring this claim under Mississippi law.

Bring any documents you have related to the accident. This includes the police report or exchange of information sheet, photos you took at the scene, information about your insurance policy, and any medical records or bills you have received. The more information you can provide, the better we can evaluate your case.

Look for a lawyer with specific experience in motorcycle accident cases, a track record of strong results, local knowledge of Hinds County courts, and the resources to hire expert witnesses. Choose a firm that works on contingency (no fee unless you win) and offers a free consultation. Most importantly, find an attorney who treats you with respect and keeps you informed throughout the process.