Bicyclists possess many of the same rights and privileges as drivers on the road but are unfortunately more prone to severe injuries in the event of an accident. Many of these collisions result from the actions of negligent drivers and motorcyclists. If you suffered traumatic injuries from a bicycle accident, you know how costly they can be. In addition to growing debt due to these expenses, you may be dealing with limited mobility or permanent injuries that have forever changed your way of life. It’s vital to receive the compensation you deserve so you and your family can move forward after such a devastating experience. Read on to learn more about bicycle accidents and what damages you may be entitled to recover.
Common Causes of Gulfport Bicycle Accidents
Bicyclists take a risk when riding their bikes on public roads. Accidents commonly result from a variety of different factors, usually driver-related. The most common causes of bicycle accidents include the following:
Distracted driving. Drivers paying attention to their phones, GPS, or other passengers can easily miss a bicyclist and cause an accident.
Speeding. Drivers speeding have less time to react to sudden changing situations, which cause serious collisions.
Failure to yield. Drivers must yield to bicyclists in intersections, crosswalks, bike lanes, and other locations. Failing to do so often results in accidents.
Dooring. Dooring occurs when a driver fails to look for bicyclists before opening their car door, and a bicyclist collides with the door.
While these are the most common causes of bicycle accidents, other situations may lead to collisions that result in serious injuries. Speak to a Gulfport bicycle accident attorney as soon as possible so they can begin investigating the cause of your accident.
Common Injuries You May Need a Gulfport Bicycle Accident Attorney
While drivers enjoy a layer of steel to protect them in a collision, bicyclists are fully exposed. As a result, bicycle accidents often result in catastrophic injuries for the bicyclist. The most common injuries resulting from bicycle accidents include the following:
Internal injuries such as organ damage, internal bleeding, spinal cord injuries, and rib and bone fractures.
Brain injuries such as concussions, skull fractures, brain contusions, spinal cord injuries, vestibular injuries, and peripheral nerve injuries.
External injuries include broken bones, scrapes, deep lacerations, and broken bones.
Injuries resulting from bicycle accidents often require lengthy rehabilitation and immediate medical attention. An experienced bicycle accident lawyer in Gulfport utilizes their resources to get you the medical attention you need while building a solid case on your behalf.
Proving Liability in Gulfport Bicycle Accidents
Prevailing on a personal injury claim after a bicycle accident usually requires establishing the liable party’s negligence. A Gulfport bicycle accident lawyer knows what’s needed to prove the four required elements of a negligence claim.
Duty of care. Drivers and motorcyclists have a legal duty to operate their vehicles and motorcycles in a reasonably safe manner to protect others from harm, including bicyclists.
Breach. When motorcyclists or drivers fail to behave reasonably, they breach this duty of care. An example is when a driver fails to yield to a bicyclist and causes a crash.
Causation. The driver’s breach must have caused your injuries and losses. In the above example, causation exists when the driver hits the bicyclist after failing to yield, resulting in severe injuries to the bicyclist.
Damages. You must show that you suffered injuries and other damages from the accident. Medical records, bills, and photographs work to satisfy this element.
Though the elements of a negligence claim are straightforward, effectively proving the existence of these elements in your claim is more difficult than you think. A bicycle accident attorney in Gulfport knows that proving negligence makes the difference between prevailing or losing out on the compensation you need.
What is Contributory Negligence?
Mississippi operates under the theory of pure contributory negligence. Contributory negligence permits an injured bicyclist to recover compensation for damages even if the court finds the cyclist shared responsibility for causing the collision. However, the court will deduct the victim’s percentage from the total compensatory damages award. Having a skilled attorney on your side can help you avoid having your settlement or judgment reduced.
Recoverable Damages for Mississippi Bicycle Accidents
Mississippi law permits injured victims to recover compensatory damages and punitive damages. Compensatory damages intend to make a victim whole due to their injury and include special and general damages.
Special damages represent direct financial losses resulting from the accident. These damages include the following:
Medical expenses,
Lost wages,
Loss of future earnings, and
Property damage.
A Gulfport bicycle accident lawyer uses documentation like invoices, medical records, and pay stubs to support your demand for special damages.
General damages are more difficult to prove due to their subjective nature. These losses relate to intangible harm suffered from your accident, including the following:
Pain and suffering,
Emotional distress,
Loss of consortium,
Loss of enjoyment of life, and
Permanent disability and disfigurement.
Compensation for general damages is vital to a personal injury claim but can be challenging to prove without a Gulfport bicycle accident attorney. These damages provide payment for the personal side of a bicycle accident case and acknowledge the subjective losses and lifestyle changes that go beyond straight financial losses.
Compared to compensatory damages, punitive damages are awarded to punish a defendant and deter others from behaving similarly. While it’s rare to receive punitive damages in Mississippi, a bicycle accident lawyer in Gulfport may suggest pursuing them in special cases.
Contact a Gulfport Bicycle Accident Lawyer
Smith & Holder, PLLC is a trial and appellate law firm known for taking on and winning cases. We focus on providing excellent service to our clients through close communication and effective strategy. Every client receives the full benefit of our legal experience and personal attention. Since our firm’s founding, we’ve earned a reputation for providing intelligent, creative, and dynamic representation and obtaining outstanding results for our clients when they need it most. We provide our clients with honest assessments of their cases, their rights, and their options and how to proceed to get the best possible results. Contact us today by phone or email for a free case evaluation to learn how Smith & Holder, PLLC can help you.
