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Motorcycle accident law pertains to the legal rules that determine who is responsible for the personal and property damage resulting from a traffic collision involving a motorcycle. In Hattiesburg, like the rest of the United States, this law is primarily governed by state law, and revolves around the concept of "negligence" - a legal theory that requires every member of society to act responsibly and avoid putting others at risk.
If you've been involved in a motorcycle accident, you may need a lawyer to assist with numerous challenges. An attorney can help you understand your rights, evaluate the merits of any legal claim you might have, and negotiate with insurance companies. In cases where severe injuries are involved, or disputes regarding fault, hiring a lawyer becomes essential. Lawyers also come in handy when dealing with complicated legal and medical terms, and when there's a need for expert testimony or information.
Local laws in Hattiesburg mainly focus on negligence and fault. Mississippi is a pure comparative negligence state. This means that an injured party can recover damages even if they are 99% at fault, with their recovery reduced by their amount of fault. Importantly, Mississippi does not have a mandatory helmet law for riders over the age of 21, but a rider's choice to not wear a helmet can potentially impact the degree of their comparative negligence in an accident.
In Mississippi, you can file a lawsuit even if you are partially at fault. However, your compensatory damages will be reduced by your percentage of fault.
If the other party's insurance company contacts you, it's best not to make any statement without talking to a personal injury lawyer first. The statements you give could be used against you later.
The compensation in a motorcycle accident case can include medical expenses, lost earnings, property damage, and pain and suffering. Every case is unique, so the compensation may vary.
Not all motorcycle accident cases go to court. Some can be settled in pre-trial negotiations mediated by a lawyer.
In Mississippi, you typically have three years from the date of the accident to file a lawsuit against the responsible party.
The Mississippi Bar Association is a useful resource for finding competent personal injury lawyers. Additionally, the Mississippi Department of Public Safety provides valuable information on traffic laws and safety regulations for motorcyclists.
If you need legal assistance in the aftermath of a motorcycle accident, your first step should be to contact a qualified attorney who specializes in motorcycle accidents. During an initial consultation, the lawyer will review the facts of your case, answer any questions, discuss your legal options, and provide guidance on how to proceed.
