Biloxi Bicycle Accident Lawyer
If you’ve been injured in a bicycle accident in Biloxi, you may be dealing with serious injuries, medical bills, and questions about what to do next. Navigating the busy streets of Biloxi can be dangerous for bicyclists, with risks like distracted drivers, heavy tourist traffic, and cars running red lights at busy intersections.
Biloxi’s famous attractions, including the bustling waterfront and casino resorts, attract constant visitors, making the roads even more hazardous. Whether it’s a driver not paying attention or a crowded intersection, cycling in this city can quickly become unsafe.
If you or a loved one were hurt while riding a bike, a Maloney-Lyons Biloxi bicycle accident lawyer can help you pursue compensation. With the proper legal guidance, you can focus on your recovery while ensuring the responsible party is held accountable.
How and Why Are So Many Bicycle Accidents Occurring in Mississippi?
Bicycle accidents are a severe issue in Mississippi, with the state seeing higher-than-average rates of cyclist injuries and fatalities. Nationally, the National Highway Traffic Safety Administration (NHTSA) reported that 938 bicyclists were killed in traffic crashes across the U.S. in 2020.
In Mississippi, there were three cyclist fatalities in 2020, according to the NHTSA’s state-by-state report on bicycle crashes. While lower than in some larger states, these numbers reflect the ongoing dangers for cyclists on Mississippi’s roads.
Mississippi’s roadways present several risks for cyclists. Distracted drivers, who may be using their phones or not paying attention to the road, are a common cause of bicycle accidents. Intersections are another significant hazard, as drivers frequently fail to yield the right of way to cyclists.
Other contributing factors include intoxicated drivers, speeding, and failure to check blind spots before turning or changing lanes. Mississippi’s high rates of drunk driving and distracted driving make these dangers even more prominent.
Poor road conditions, such as potholes or a lack of bike lanes, can also lead to severe accidents. In some cases, tourists unfamiliar with local roads contribute to unsafe cycling environments, especially in popular areas like Biloxi. While Mississippi cities have started taking steps to improve cycling safety, the risk remains high for those sharing the road with motor vehicles.
Who Is At Fault If a Car Hits a Bicyclist in Biloxi?
Determining fault in a bicycle accident in Biloxi can be complex and depends on the circumstances of the crash. Mississippi follows a “fault” system, meaning the person or party responsible for causing the accident is liable for damages.
Evidence such as witness statements, video footage, and police reports are crucial in determining who is at fault. Gathering as much evidence as possible at the scene, including photographs and contact information of witnesses, can strengthen a claim.
A fault may not always be apparent. For example, if a driver fails to yield to a bicyclist at an intersection, the driver could be held fully responsible for the accident.
However, if the bicyclists ignored traffic signals or rode outside designated bike lanes, they might share some of the faults. Mississippi follows a comparative negligence rule, meaning if the cyclist is partially at fault, their compensation can be reduced by their percentage of fault.
Sometimes, a driver and a bicyclist may be found partially responsible. For instance, if a driver was speeding and the bicyclist was riding without proper lights at night, both parties may share liability. Understanding how fault is determined is essential for anyone involved in a bicycle accident, as it directly affects the outcome of potential compensation claims.
I Was Partially At Fault. Do I Still Have a Case?
Even if you were partially at fault in a bicycle accident in Mississippi, you may still have a case. As we mentioned, Mississippi follows a comparative negligence system, which allows injured parties to recover damages as long as they are not more than 50% at fault for the accident. However, the compensation you can receive will be reduced by your percentage of fault.
For example, if a court finds that you were 30% responsible for the accident because you failed to use proper hand signals, and the driver was 70% at fault for speeding, your compensation would be reduced by 30%. So, if your total damages amount to $100,000, you could recover $70,000 after accounting for your share of the fault.
This system ensures that even if both parties share some responsibility, injured cyclists can still receive compensation for medical bills, lost wages, and other damages. Substantial evidence, such as witness statements or video footage, is essential to show that your share of fault is minimized as much as possible to maximize your recovery.
Mississippi Laws for Bicycle Riders
Staying informed about Mississippi’s bicycle laws is essential for ensuring safety and avoiding legal issues while riding. Below, we’ll break down essential laws that every cyclist should know.
John Paul Frerer Bicycle Safety Act
The John Paul Frerer Bicycle Safety Act was enacted to protect cyclists from hazardous situations on the road. One of the primary rules is that motorists must maintain at least a 3-foot distance when passing a cyclist to prevent accidents caused by close calls.
The law also prohibits harassment of bicyclists, including throwing objects or any behavior that could put the rider in danger. The Mississippi Department of Transportation’s website provides more details on the act.
General Traffic Laws for Bicyclists
In Mississippi, House Bill No. 559 establishes that bicyclists must follow most of the same traffic laws that apply to motor vehicles. This means stopping at red lights, obeying traffic signs, and yielding to pedestrians. However, cyclists can ride on the shoulder of the road in certain situations, an exception not available to cars.
Additionally, riders can only ride two abreast when cycling on multi-lane roads if they remain in a single lane. This rule is meant to minimize traffic congestion and reduce the risk of accidents by ensuring cyclists don’t block other lanes.
Equipment and Safety Requirements
Mississippi law also includes safety equipment guidelines for cyclists. For example, bicycles must be equipped with lights and reflectors when riding at night to improve visibility. Although state law does not require helmets, they are highly recommended, especially for children and novice cyclists. Regular maintenance of your bicycle, especially the brakes, is also essential to ensure safe operation.
Understanding Mississippi’s bicycle laws helps ensure safer roads for cyclists and motorists. Following the John Paul Frerer Bicycle Safety Act and House Bill No. 559 rules, cyclists can ride safely while asserting their rights as legitimate road users.
Is There a Way to Calculate Settlements for Bicycle Accident Claims?
When calculating settlements for bicycle accident claims, two types of damages are considered: economic and non-economic. Each type of damage is handled differently when determining the final settlement amount.
Economic Damages
Economic damages include the measurable financial losses you incur from the accident. These typically cover:
- Medical bills: This includes emergency care, surgeries, hospital stays, medications, and ongoing treatments like physical therapy.
- Lost wages: If your injury causes you to miss work, you can be compensated for the income you lose during recovery. In cases of permanent disability, future lost earnings may also be included.
- Property damage: Costs related to repairing or replacing your bicycle and any other personal property damaged in the accident.
These damages are relatively straightforward to calculate using bills, receipts, and employment records.
Non-Economic Damages
Non-economic damages are more subjective and account for the emotional and physical toll of the accident. These include:
- Pain and suffering: Compensation for the physical pain you endured due to the injury.
- Emotional distress: Anxiety, depression, or trauma experienced because of the accident.
- Loss of enjoyment of life: If the injury prevents you from engaging in activities you once enjoyed, such as sports or hobbies.
Since these damages are more challenging to quantify, the multiplier method is a common approach to estimating their value.
How Settlements Are Calculated
The economic damages are added first to calculate a settlement, covering all your medical bills, lost wages, and other out-of-pocket costs.
Then, the non-economic damages are calculated by applying a multiplier (typically between 1.5 and 5) to the economic damages.
The more severe the injury and its impact on your life, the higher the multiplier.
For example, if your economic damages total $40,000 and a multiplier of 3 is used, your non-economic damages would be $120,000. Together, this would bring your settlement estimate to $160,000.
Each case is different, so it’s essential to consult with an attorney to ensure all factors are considered in your final settlement.
Serving Biloxi, Mississippi
Biloxi, known for its beautiful beaches, world-class casinos, and iconic landmarks like the historic Biloxi Lighthouse, is among Mississippi’s top tourist destinations.
While these attractions draw visitors year-round, they also contribute to the city’s heavy traffic, especially during tourist season. With increased foot traffic, vehicles, and cyclists navigating busy streets, the risk of bicycle accidents rises, particularly around Biloxi’s popular destinations.
Tourist Season and Traffic Risks
Biloxi’s layout and its influx of visitors create unique challenges for cyclists. The city’s bustling roads, such as Beach Boulevard, see significant traffic congestion, especially near the casinos and beaches. Heavy tourist activity and distracted drivers unfamiliar with the area can lead to accidents.
Cyclists must be extra cautious at busy intersections, where cars may run red lights or fail to yield. The mix of vehicles, pedestrians, and bikers makes navigating Biloxi more dangerous during peak tourist times, increasing the chances of collisions and injuries.
Local Bicycle Repair Shops
If you’re a cyclist in Biloxi, knowing where to go for repairs is crucial, especially after an accident. Biloxi Bicycle Works is a local shop offering expert services for all your bicycle repair needs, whether it’s a minor fix or a significant repair. Access to a trusted repair shop is invaluable when dealing with the aftermath of an accident, ensuring your bike is safe and functional.
Physical Therapy Resources for Injured Cyclists
After a bicycle accident, physical rehabilitation is often necessary to regain mobility and strength. Fortunately, Biloxi offers several rehabilitation and physical therapy centers to support your recovery. PT Solutions provides specialized care tailored to cyclists recovering from injuries.
Merit Health Biloxi – Rehabilitation Therapy Center offers various services to help patients regain strength and movement post-accident. Another excellent option for personalized rehabilitation is Exceed Physical Therapy, where you can work with professionals dedicated to improving your recovery process.
While Biloxi’s attractions make it a vibrant and exciting city to explore by bike, they also pose risks for cyclists, especially during busy seasons. If you’ve been injured in a bicycle accident in Biloxi, those local resources can help you get back on your feet and the road.
Experienced Bicycle Lawyer in Biloxi, MS
- Shane Jennings is a seasoned bicycle accident attorney with extensive experience representing injured cyclists in Biloxi, Mississippi. He understands cyclists’ unique challenges and is dedicated to protecting their legal rights.
With years of experience in personal injury law, Shane Jennings has helped countless clients secure compensation for medical bills, lost wages, and pain and suffering.
His thorough knowledge of Mississippi’s traffic laws and compassionate approach ensures that each case is handled carefully and precisely. Whether negotiating with insurance companies or advocating in court, Shane Jennings fights for the best possible outcomes for his clients.
If you’ve been injured in a bicycle accident, Shane Jennings is committed to guiding you through the legal process and ensuring you receive the compensation you deserve.
Contact Maloney-Lyons Law Firm Today
Maloney-Lyons Law Firm has extensive experience handling bicycle accident cases, especially in Biloxi, where the unique risks to cyclists are well understood.
With a deep knowledge of the area’s traffic patterns and tourist-heavy streets, they are dedicated to helping injured cyclists recover the compensation they deserve.
Attorneys David J. Maloney and T. Randall Lyons bring years of experience advocating for clients’ rights and have a proven track record of securing favorable outcomes for those affected by bicycle accidents.
Maloney-Lyons is here to fight for your rights if you’ve been injured in a bicycle accident. Schedule a free consultation today to discuss your case and take the first step toward recovery.