Your Advocate for Justice Throughout the Gulf Coast

  1. Home
  2.  » Biloxi Motorcycle Accident Lawyer

Biloxi Motorcycle Accident Lawyer

Motorcycle accidents are, unfortunately, all too common. The National Highway Traffic Safety Administration (NHTSA) reported over 5,000 motorcyclist fatalities in the U.S. in 2021.

Motorcyclists often face more significant risks on the road because of negligent drivers, which can lead to severe injuries or worse. Maloney-Lyons, LLC Attorneys at Law logo over a scene of a motorcycle accident on the road, representing Biloxi Motorcycle Accident Lawyer services.

If you’ve been involved in a motorcycle accident in Biloxi, Mississippi, it’s crucial to seek legal representation to secure the compensation you deserve and protect your rights. Working with an experienced attorney ensures you navigate the legal process effectively and achieve a fair outcome.

With heavy traffic on Biloxi’s significant highways—such as Interstate 10 (I-10), U.S. Route 90, Mississippi Highway 67, and Mississippi Highway 605—the risk of accidents increases, especially during local events like Cruisin’ the Coast.

When these busy roads lead to a collision, a Biloxi Motorcycle Accident Lawyer from Maloney-Lyons, with extensive experience handling motorcycle accident cases, can help you navigate the complex legal process and fight for your rights.

At Maloney-Lyons, we are committed to securing fair compensation for injured motorcyclists and ensuring they are supported every step of the way. Contact us today for a free consultation if you’ve been hurt in a motorcycle crash.

Biloxi Attorneys Holding Negligent Individuals Accountable

Motorcycle accidents are a growing concern in Mississippi, particularly in areas like Biloxi along the Gulf Coast. In 2018 alone, Mississippi saw 76 motorcycle-related fatalities, according to the Mississippi Department of Transportation (MDOT)

The Gulf Coast region, including Biloxi, is at high risk of motorcycle accidents due to congested roads and frequent traffic during local events. Busy highways and high traffic volumes significantly contribute to the dangers motorcyclists face in this region.

Common Causes of Motorcycle Accidents

Motorcycle accidents often result from several common causes, which include:

  • Distracted Driving: Many accidents occur because drivers are distracted by phones, GPS systems, or other activities. This makes it difficult for them to see motorcycles, especially at intersections.
  • Speeding: Both drivers and motorcyclists who speed reduce the time they have to react, increasing the chances of a severe collision. Speeding remains one of the leading causes of traffic accidents.
  • Failure to Yield: Motorcycles are smaller and less visible, so drivers often fail to yield the right of way. This is particularly dangerous when drivers are turning left or changing lanes.
  • Impaired Driving: Driving under the influence of alcohol or drugs slows reaction times and impairs judgment, making it far more likely that an impaired driver will miss seeing a motorcyclist.

Proving Fault and Comparative Negligence in Mississippi

Mississippi follows a comparative negligence law, which means that fault is divided between the parties involved in an accident. In a motorcycle accident, if the rider is found to be partially responsible, their compensation is reduced by their percentage of fault. 

For example, if a motorcyclist is 20% at fault for speeding, they can still recover 80% of their damages. Determining fault requires gathering evidence like witness statements, traffic reports, and expert testimony. An experienced attorney is crucial for navigating these complex cases and ensuring the negligent party is held accountable.

Important Evidence Which Will Help Your Case

Gathering the correct evidence after a motorcycle accident is essential for building a solid case and securing the compensation you deserve. Here are the types of evidence critical in proving fault, demonstrating the severity of your injuries, and supporting your claim:

  • Police Report: A police report is one of the first pieces of evidence to help your case. After the accident, law enforcement will arrive at the scene, investigate, and file a report. This document often includes vital details such as a crash diagram, statements from involved parties and witnesses, and any traffic citations issued. While it may not be admissible in court, it provides a strong foundation for your claim.
  • Photographs: Photographs of the accident scene are crucial. These images should include the damage to both vehicles, the surrounding area, skid marks, weather conditions, and any visible injuries. Photos offer a clear visual representation of what happened and are often used to establish the cause of the accident and the extent of the damage.
  • Witness Statements: Witnesses can play a pivotal role in your case. Eyewitness statements can confirm details of the accident, such as the other driver’s negligence or behavior leading up to the crash. Be sure to collect contact information from anyone who witnessed the accident, as their testimony can be robust evidence in court.
  • Medical Records: Your medical records are critical to your motorcycle accident claim. These records provide proof of the injuries you sustained, the treatments you required, and the long-term effects of the accident on your health. Comprehensive medical documentation is necessary to justify the compensation you seek for medical expenses, pain and suffering, and lost wages.
  • Proof of Damages: In addition to medical records, you will need proof of the financial impact the accident has had on your life. This includes medical bills, repair or replacement estimates for your motorcycle and other damaged property, and pay stubs or other documentation showing lost wages. Collecting these documents is crucial for proving the full extent of your damages.
  • Insurance Information: It’s essential to obtain the negligent driver’s insurance information to determine their coverage for your claim. You should also review your policy, especially if the other driver is uninsured or underinsured, as this may affect how much compensation you can recover.
  • Expert Testimony: Depending on the complexity of your case, expert witnesses may be necessary. Accident reconstruction experts can provide insights into how the crash happened, while medical professionals can explain the long-term effects of your injuries. Economic experts may also be required to calculate future financial losses, especially in severe or permanent injury cases.

Collecting all this evidence strengthens your case and helps ensure you are fully compensated for your injuries and losses.

Understanding Motorcycle Laws in Mississippi

Mississippi has specific motorcycle laws to protect riders and reduce the risk of accidents. Whether you’re new to riding or a seasoned motorcyclist, understanding these laws is crucial for your safety and legal compliance.

Helmet Requirements

Mississippi law requires all motorcycle riders and passengers to wear helmets that meet safety standards set by the National Highway Traffic Safety Administration. Failure to comply, as outlined in Miss. Code Ann. § 63-7-64 can result in fines and other penalties.

Lane Usage Laws

Mississippi law allows motorcyclists to use the entire lane like any other vehicle. Riding between lanes of traffic, known as lane splitting, is prohibited in the state. This regulation ensures that motorcycles maintain safe spacing from other cars on the road. However, motorcyclists can ride two abreast in a single lane, side by side.

Speed Limits and Traffic Laws

Motorcycles in Mississippi are not exempt from the rules of the road; they are subject to the same speed limits and traffic laws as other motor vehicles. There are no special speed restrictions for motorcycles; the general speed limits are posted for all drivers. Reckless or excessive speeding can result in harsh penalties under Miss. Code Ann. § 63-3-1201. 

Is Lane-Splitting Legal in Mississippi?

As mentioned earlier, lane splitting is illegal in Mississippi. Lane splitting refers to a motorcyclist riding between two lanes of slow-moving or stopped traffic, typically to avoid congestion. While this practice is legal in states like California, Mississippi’s laws prohibit it due to safety concerns.

The state’s road safety regulations require all vehicles, including motorcycles, to remain in their designated lanes, ensuring predictable and controlled traffic flow.

Lane-Splitting vs. Lane-Filtering

While lane-splitting and lane-filtering are similar, they differ in critical ways. Lane-splitting involves weaving between cars on highways or congested roads, often at higher speeds.

On the other hand, lane-filtering occurs when motorcycles move between stationary or slow-moving vehicles at intersections or red lights. Lane-filtering is typically performed at low speeds and is considered safer by some because it prevents motorcycles from being rear-ended by distracted drivers.

However, both practices are illegal in Mississippi. Mississippi’s traffic laws emphasize that motorcycles, like cars, must adhere to lane discipline. The lack of visibility and unpredictability of motorcycles passing between lanes pose significant dangers to riders and other drivers. 

Motorcycle Accident Claims Process

Dealing with insurance companies after a motorcycle accident can be complicated and frustrating. Insurers may prioritize minimizing payouts, frequently attempting to devalue claims by questioning the severity of injuries or disputing fault.

Insurance companies might argue that a motorcyclist was partially responsible for the accident, even if this isn’t true. Because of this, having skilled legal representation is essential. A lawyer will advocate, ensuring you are treated fairly and helping counter insurance adjusters’ tactics to reduce the settlement. 

Steps in the Motorcycle Accident Claims Process

  • Filing the Claim: You must report the incident to your insurance provider immediately after a motorcycle accident. This step triggers the claims process. A police report is often required, especially if injuries or significant property damage occurred. The police report will become a key piece of evidence when determining fault.
  • Gathering Evidence: Collecting comprehensive evidence is crucial to support your claim. Necessary materials include photos of the accident scene, contact information from witnesses, and medical records detailing your injuries. Other helpful documentation includes repair estimates for property damage and pay stubs showing lost wages if you cannot work.
  • Medical Attention: It’s vital to seek medical care immediately after the accident, even if your injuries initially seem minor. Some conditions, like internal injuries or concussions, may not be immediately apparent. Medical records not only ensure your health is protected but also serve as proof in your claim that you were injured due to the accident.
  • Negotiating Settlements: Once the insurance company receives your claim, it will assess the damages. This is where negotiations come into play. Often, the initial offer from the insurer is lower than what you deserve. Your attorney will review the offer and negotiate a higher settlement if necessary. It is important to remember that agreeing to a settlement too early can leave you with insufficient funds to cover all expenses, particularly if your injuries require long-term care or recovery.
  • Potential Litigation: If negotiations fail to result in a fair settlement, filing a lawsuit may be necessary. At this stage, your attorney will guide you through the legal process, from preparing your case to representing you in court. Litigation can involve presenting evidence, calling witnesses, and proving negligence on the other driver’s part. A judge or jury will determine the outcome if the case goes to trial.
  • Resolution: Once a settlement is agreed upon or a verdict is reached in court, the compensation process begins. Payments may cover medical bills, ongoing treatments, lost income, and damages for pain and suffering.

Compensation After a Motorcycle Accident

Victims of motorcycle accidents may be entitled to various types of compensation for their damages. These compensations fall into two main categories: economic and non-economic damages.

Economic Damages

Economic damages are quantifiable financial losses incurred as a result of the accident. These include:

  • Medical Expenses: This covers the cost of emergency care, surgeries, hospital stays, medications, and rehabilitation. If your injuries require ongoing care, you can also claim compensation for future medical treatments.
  • Lost Wages: If the accident leaves you unable to work temporarily or permanently, you can recover compensation for the wages you lost during your recovery. In severe injuries, you may also be compensated for loss of earning capacity, which covers the income you would have earned in the future had you not been injured.
  • Property Damage: This includes the cost of repairing or replacing your motorcycle and any other personal property damaged in the accident.

Non-Economic Damages

Non-economic damages compensate for the less tangible effects of the accident:

  • Pain and Suffering: These damages cover the physical pain and emotional distress caused by the accident. Severe injuries often lead to long-term suffering, which increases the potential payout.
  • Emotional Distress: Compensation may also be available for mental health issues such as anxiety or PTSD that result from the accident.

Future Losses

When seeking compensation for a motorcycle accident, it’s crucial to account for future losses. These include ongoing medical expenses for injuries requiring long-term care, such as rehabilitation or home health services, and lost future earnings due to diminished earning capacity.

Biloxi, MS

Biloxi is a vibrant coastal city in Mississippi known for its beautiful beaches, casinos, and historic attractions. Popular spots like the Biloxi Lighthouse, the Ohr-O’Keefe Museum of Art, and the Biloxi Visitors Center make it a tourist must-see.

However, with major roads like Interstate 10 (I-10), U.S. Route 90, Mississippi Highway 67, and Mississippi Highway 605, the area poses significant risks for motorcycle accidents, particularly during busy periods.

I-10 and U.S. Route 90, which run parallel to the coast, experience heavy traffic, especially near popular tourist destinations and during events like Cruisin’ the Coast, a massive annual car show that attracts thousands of visitors. While celebrated, this event increases congestion and the risk of accidents, especially for motorcyclists navigating through dense traffic.

Local institutions like PT Solutions of Biloxi and Encore Rehabilitation-Biloxi offer physical therapy services to accident victims, while AlphaCare Urgent Care provides immediate medical attention. 

For more specialized recovery, Encompass Health in nearby Gulfport offers neurorehabilitation for severe injuries, helping victims physically and mentally recover. With this network of local healthcare providers, those injured in accidents can find comprehensive recovery support.

Experienced Biloxi Law Firm

At Maloney-Lyons, we understand the devastating impact a motorcycle accident can have on your life. With decades of experience, David J. Maloney and T. Randall Lyons provide personalized and aggressive legal representation for victims in Biloxi.

Our team is dedicated to fighting for the compensation you deserve, whether for medical bills, lost wages, or future damages. 

We take pride in treating each case carefully, ensuring our clients receive justice. If you’ve been injured in a motorcycle accident, contact us today to discuss your case.