In any personal injury case, determining who is at fault for a motorcycle accident in Mississippi can be complex. It is important to consult with an experienced attorney when trying to determine if you are entitled to compensation for your injuries. To establish liability in a motorcycle crash, the plaintiff must prove that the defendant was negligent and thus responsible for causing the crash.
Establishing Negligence in a Motorcycle Accident
Negligence means that the defendant did not fulfill their duty towards another person or property and thus caused harm. In order to build a successful negligence claim, it is necessary to show that:
- The defendant had a duty of care toward the injured party;
- The duty of care was breached by the defendant by failing to act as any reasonable person would have acted;
- The defendant’s negligence caused the accident; and
- The injured person sustained damages as a result.
Common Types of Negligence
There are many ways in which negligence can be shown to have caused an accident, including: distracted driving, speeding or failing to obey traffic laws, disobeying the rules of right of way, driving while under the influence of alcohol or drugs, failing to maintain control of the vehicle due to mechanical defects or design flaws, and more. If a plaintiff can prove that the defendant was negligent and this negligence resulted in their injury, then they may be eligible for compensation for medical bills, lost wages and other expenses related to the motorcycle accident.
Poor Roadway Maintenance Can Lead to a Motorcycle Injury Accident
In addition to the negligence of a driver, poor roadway maintenance can also lead to motorcycle accidents in Mississippi. Roadway defects such as potholes, uneven pavement, and other hazards can cause serious injury for motorcyclists. Government entities are responsible for maintaining roadways and if they fail in this duty then they may be liable for any injuries that result from defective roads.
Defective Motorcycle Parts Can Cause a Motorcycle Collision
Finally, defective motorcycle parts can also lead to a collision. Defective design or manufacturing defects can result in a malfunctioning part that causes the driver to lose control of the bike. If there is proof that the accident was caused by a defective part, then the manufacturer may be held liable for any resulting injuries.
Comparative Fault
In some cases, comparative fault may be involved depending on if both parties contributed to causing the accident. In Mississippi, victims can still recover damages even if they are found partially at fault as long as their contribution to the accident was less than 50%.
Recoverable Compensation
If you have suffered injuries in a motorcycle accident, contact an experienced Mississippi injury lawyer to discuss your case and determine who is at fault. An attorney can inform you of your rights, help you pursue justice and secure damages related to medical expenses, lost wages, pain and suffering, emotional distress, loss of consortium or companionship, property damage and more. Even if the other driver was uninsured or underinsured, an attorney may be able to help you recover additional compensation from your own insurance company.
No one should have to bear the financial burden of another person’s negligence—if you have been injured in a motorcycle accident caused by another’s carelessness.
The Diaz Law Firm
The Diaz Law Firm offers free case reviews for those interested in learning more about their options. Those in need of expert legal advice or representation about their motorcycle accident injury can contact us for a free consultation. We can assist you in recovering the compensation you need if you call (601) 607-3456 or (800) 459-2222 today. Please feel free to use our online contact form as well.