Mississippi Bicycle Accident Lawyers in Oxford, MS
Mississippi Law Firm for Bicycle Accident Injury Claims
Cycling is a healthy and affordable method of transportation around Oxford, MS. Many students from Ole Miss cycle as their primary type of transportation. Children and adults in the city are avid cyclists, riding a bike to exercise, get to school, work, church, or other locations, or for pleasure. Even with city leaders focusing on ensuring bicycle safety, bicycle accidents occur, often leaving a cyclist with serious, catastrophic, or fatal injuries.
What Are the Most Common Causes of Bicycle Accidents in Oxford, MS?
Most bicycle accidents occur due to the negligent driving conduct of a driver. The most common driver behaviors putting cyclists at risk of serious injuries or worse include the following:
- Distracted Driving: Vehicle drivers who fail to keep their eyes and attention on the road ahead pose a severe risk to cyclists. The smaller profile of a rider and bicycle can lead to a collision, causing serious or fatal injuries.
- Speeding: Drivers who choose to exceed the speed limit pose a severe danger to bicyclists sharing the streets and roads in the Oxford, MS, area. These drivers cannot come to a sudden stop and may not observe a cyclist traveling in an adjoining lane.
- Right of Way Violations: Bicycle riders and vehicle operators have responsibilities regarding right of way. Bicycles are defined under the law as vehicles, and when a driver fails to yield the right of way as required, it can lead to a disaster, with the cyclist being seriously injured or killed.
- Drunk Driving: Drunk driving in Oxford, MS, and throughout Mississippi continues to plague the region. Alcohol intoxication reduces awareness, slows reactions, and leads to poor decisions. A drunk driver is far more likely to hit a bicycle rider due to these factors.
- Dooring Accidents: Cyclists are required to ride as far to the right on the roadway as they can if traveling at a speed slower than the traffic. While this makes sense, it leaves the cyclist open to the risk of a dooring accident, with a driver who parked opening their door into the cyclist’s path, knocking them off the bicycle, often subject to secondary impacts from moving traffic.
- Violating Traffic Laws: Cyclists and drivers must follow all traffic laws regarding speed, merging, stop lights, and passing. A driver breaking traffic laws poses a grave risk to cyclists sharing the road.
How Do I File A Bicycle Accident Injury Claim?
The process of filing a claim involves several steps. When recovering from an injury, it may be necessary to retain the services of a Mississippi bicycle accident lawyer to manage a claim or lawsuit professionally. The process involves gathering and preserving all evidence to support the case. The evidence to support a bicycle accident claim can include the following:
- Photographic Evidence: Photos or any video available of the accident scene, bike damage, injuries, and any road hazards or vehicle damage.
- Police Report: Official report documenting the accident details and whether law enforcement determined fault.
- Witness Statements: Eyewitnesses to the bicycle crash must be interviewed about what they observed when the vehicle hit the cyclist.
- Medical Records: Documentation about the extent of the injuries, current and future treatments, and whether the cyclist will completely recover or live with long-term consequences.
- Accident Scene Evidence: Physical evidence such as skid marks or vehicle debris.
- Proof of Lost Income: Pay stubs or employment records that show the value of lost wages due to hospitalization, rehabilitation, and recovery.
- Insurance Information: Any correspondence with insurers, including initial claims, responses, or settlements offered.
What Are the Most Common Types of Bicycle Accident Injuries in Mississippi?
A bicycle crash in Oxford, MS, and a roadway in Mississippi can leave the rider facing a lifetime of challenges when a serious or catastrophic injury occurs. Some of the most common types of severe injuries in bicycle accidents include the following:
- Head Injuries
- Brain Injuries
- Back Injuries
- Neck Injuries
- Fractures
- Internal Injuries
- Amputations
- Paralysis
- Severe Abrasions and Lacerations
- Spinal Cord Injuries
Do I Need a Bicycle Accident Attorney?
The process of recovering fair compensation includes an extensive investigation into the facts along with a deep familiarity with Mississippi personal injury law. With the assistance of the legal team at Tannehill Carmean in Oxford, MS, your case can be managed by a leading law firm in Oxford, which brings over two decades of service to the community. The Mississippi bicycle accident attorneys at the firm are dedicated to fighting for justice for the injured and their families in cases of severe or fatal bicycle accident injuries.
Wrongful Death Claims in Bicycle Accident Claims in Oxford
When a cyclist has sustained fatal injuries, families are left devastated, facing life ahead without the love and support of a father, mother, sister, brother, or other family member. When another party is at fault, a wrongful death claim can be brought to seek justice and compensation for the tragic loss.
How Does Mississippi’s Comparative Negligence Law Affect a Bicycle Accident Claim?
Comparative negligence is a legal concept affecting personal injury claims in Mississippi. This legal concept means that if both parties had some responsibility for the bicycle crash, a percentage of fault is assigned to each party. If an insurance payout is $100,000, and the cyclist is found to have been 10 percent at fault, they would have the right to recover 90 percent of the compensation, or $90,000. In most cases, the vehicle driver is determined to be 100 percent at fault, but it must be established with evidence. In many bicycle accident claims, this will require the assistance of an accident reconstruction expert. At Tannehill Carmean, we have access to some of the most respected experts in accident reconstruction to call upon when necessary.
How Long Do I Have for Filing a Claim After a Bicycle Accident?
Injured cyclists in Oxford and the state have limited time to file a lawsuit. Under the Mississippi statute of limitations, personal injury lawsuits must be filed within three years of the date of the accident, or the victim will be forever barred from seeking compensation. Most cases involve filing an insurance claim against the at-fault driver’s insurance.
What Types of Compensation Can be Paid?
The types of compensation sought, when represented by Tannehill Carmean, will include the following:
- The costs associated with medical care, lost wages, reduced earning capacity, and other financial losses.
- The personal losses suffered by the cyclist, such as pain and suffering, reduced quality of life, emotional anguish, and similar losses.
Why Choose Us?
At Tannehill Carmean, we offer our clients an elevated level of personalized legal services. We are proud to have achieved a reputation for legal excellence. We are honored to be trusted for our legal work over the years and proud to have assisted individuals and families to achieve justice and fair compensation in a range of personal injury claims and lawsuits, including bicycle accident cases. Our firm offers clients supportive, responsive, and compassionate counsel. When you retain our services, you can expect the following benefits:
- Exceptional Legal Skills: Our team offers top-level skills and knowledge, bringing a deep understanding of Mississippi law. We have a proven track record of representing clients in Oxford and the state with professionalism and dedication.
- Committed to Legal Excellence: We approach every case focused on delivering superior service and treating our clients with dignity, respect, and personalized care. As dedicated members of the Oxford community, we take our responsibility to serve seriously and genuinely care about our clients’ well-being.
- Ongoing Communication: We prioritize keeping clients informed at every stage. Our team is here to answer questions and provide consistent updates as your case progresses.
- Powerful Negotiators and Litigators: With a sharp eye for detail and thorough case preparation, we aim for the best possible outcomes. Whether through negotiation or, if necessary, at trial, we are prepared to advocate effectively on your behalf.
- Award-Winning Attorneys: With over two decades of experience, our team has been widely recognized for excellence. Attorney Rhea Tannehill holds a “Superb” Avvo rating and a “Client’s Choice” award. Jay Carmean has earned the prestigious “AV Preeminent” rating from Martindale-Hubbell, reflecting peer-reviewed recognition for professional achievement and skill.
FAQ
Do I Need an Attorney to Recover Compensation After a Bicycle Accident?
If your injuries are minor, you may not need an attorney. For cyclists who have suffered serious injuries, having a lawyer can make all the difference in the compensation you recover through a claim or lawsuit.
What If I Was Partially At Fault?
Under the comparative negligence principle in Mississippi, even if you were to some degree at fault, you can still pursue compensation. The percentage of fault will reduce the value of your claim by that percentage. If you are concerned that you may have been partially at fault, contact our firm so we can advise you on how to move forward.
Should I File a Lawsuit?
An insurance claim will be filed with the at-fault driver’s insurance company. This process allows the issue of compensation to be settled without the need to go to court. When an insurance company fails to make a fair settlement offer, a lawsuit can be filed to seek justice through the civil court system.
Our legal team at Tannehill Carmean can advise you about your legal options at a free case consultation. Call us at 662-236-9996 as soon as possible after the accident.