Gulfport Bicycle Accident Lawyer

Bicycle riders have the same rights to use the roadways as motor vehicles. Motorists are responsible for following all traffic safety laws and ensuring they do not cause accidents or harm to bicyclists.

When a reckless or careless driver fails to provide cyclists with a duty of care and causes an avoidable accident, a skilled personal injury attorney at Braddock Law Firm, PLLC can help with holding them financially accountable. Call a Gulfport bicycle accident lawyer if you need help to recover damages following a crash.

Major Causes of Bicycle Collisions

Bicycle and vehicle accidents are not uncommon and happen for many reasons. Some of the significant causes of the collisions include:

• Distracted driving
• Driving under the influence of substances
• Failure to yield
• Failure to adhere to traffic safety laws
• Speeding or reckless driving
• Dooring

A proactive Gulfport cyclist injury attorney can help review the evidence from the scene to determine the reason for the accident and the at-fault party.

Determining Liability After a Bike Crash

Establishing the defendant’s negligent actions caused the wreck is necessary for a successful civil claim. Many accidents occur because of the carelessness of a motorist.

However, sometimes the bike rider may share some of the responsibility. If the cyclist shares a portion of fault, that will not bar them from recovering compensation in this state. The elements of negligence include:

The Defendant Owed the Cyclist a Duty of Care

Everyone must adhere to a standard of reasonable care while doing things, such as driving, that could foreseeably harm others. Motorists have a legal duty to operate vehicles in a manner that does not hurt others on the surrounding roads.

The Defendant Breached the Duty of Care

When motorists’ actions fail to meet legal requirements, they breach the duty of care. An example would be a motorist failing to yield the right-of-way to a bicycle rider and causing a crash.

The Breach Caused the Accident and Injuries

The claimant’s claim must prove that the breach directly caused the accident and their subsequent injuries. Showing that a driver ran a red light and hit a cyclist causing injuries would satisfy this portion of proving liability.

The Claimant Suffered Verifiable Damages in the Accident

Finally, the civil claim must show that the bicyclist suffered verifiable injuries and damages. The claimant can establish this with evidence such as medical records, photos from the accident scene, and hospital bills.

The Contributory Negligence Statute

Civil law in this state follows the pure comparative fault rule. Pure comparative fault means the plaintiff can recover compensation for damages even if the court finds the cyclist shared responsibility for the crash. According to Mississippi Code Annotated § 11-7-15, the court will not bar recovery for shared liability.

After reviewing the case, the judge will subtract the claimant’s portion of responsibility from the award amount if they find contributory negligence. Unlike many other states, even if the jury finds the plaintiff is more at fault for the collision, they may still recover compensation for the defendant’s portion of the liability. A knowledgeable bike crash lawyer in Gulfport can answer questions on contributory negligence and other civil statutes in this state during a private consultation.

Schedule a Meeting with a Gulfport Bicycle Accident Attorney

A collision between a motor vehicle and a bicycle almost always results in severe injuries for the bicyclist. Bikes do not provide the same protections as vehicles, leaving them vulnerable during impact. Civil law will help you hold the at-fault party accountable when accidents occur because of someone else’s negligence.

If you were in an accident with a negligent driver, you deserve representation who has your best interest in mind. Call a Gulfport bicycle accident lawyer at Braddock Law Firm, PLLC today to schedule a good time to meet.