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Motorcycle Accident / July 18, 2016

Wrongful Death and Motorcycle Accidents

Jackson Motorcycle Accident Kills Rider

This past July 4th weekend, a motorcyclist died in an accident in Jackson involving a motorcycle and two cars, WAPT Action News Jackson reports. The driver of the motorcycle was taken to University of Mississippi Medical Center, where he died of his injuries. The motorcycle crash took place at the intersection of Woodrow Wilson and Bailey Avenue, according to the Jackson Clarion-Ledger. Law enforcement have not filed any charges related to the accident.

Motorcycle Accidents Lead to Fatalities

Motorcycle riders are about 26 times more likely per vehicle mile driven to suffer fatal injuries in an accident than those who drive cars, according to the Insurance Information Institute. In 2013, 56 out of every 100,000 registered motorcycles was involved in a fatal accident. For cars, the number was only 9 out of every 100,000. That year, almost 5,000 motorcyclists died in accidents, according to the National Highway Transit Safety Administration. Motorcycle accidents made up about 14 percent of all fatal traffic accidents.

Mississippi Wrongful Death Law

If someone dies or is injured in an accident and another person is at fault, the victim can sue the other person for negligence. Negligence is when one person has a duty to follow certain standards of behavior but doesn’t, and causes harm to another person as a result. To put it more simply, when a driver breaks the rules of the road, that driver can be made to pay for the damage that they have caused. When the victim dies, they are not around to sue the person at fault. In this case, one of their surviving family members can sue the person at fault for wrongful death, which is a special kind of  lawsuit for this situation. In Mississippi, the victim has to prove in court that the person who caused the accident failed to act as another reasonable and prudent person would have acted under similar circumstances, or more simply put, that the driver failed to follow basic rules. Mississippi also uses a pure comparative negligence system. This means that someone who is partly at fault for their own injury can still win a lawsuit against another person who was also partly at fault. Section 15-1-49 of the Mississippi Code provides a general statute of limitations for lawsuits of three years. This means that anyone injured in a motorcycle accident must file their lawsuit within three years of the accident. This general statute of limitations applies to negligence and wrongful death lawsuits.

Fatal Motorcycle Accident Lawsuits

If another driver is at fault in a motorcycle accident and injures a motorcyclist, the motorcyclist may be able to sue the other driver for negligence. In a case where the motorcyclist dies because of the accident, one of their family members can sue the person at fault for wrongful death. The survivor will need to prove that the other driver somehow failed to drive the way another reasonable and prudent person would have driven in the same situation. This includes following the rules of the road, such as allowing sufficient following distance between themselves and the motorcyclist. The survivor would need to file their lawsuit within three years of the motorcycle accident in order to have their lawsuit heard.

Let Us Assist You with Your Case

If you or someone you love has been in a motorcycle accident, you need legal advice. Contact a personal injury attorney at the office Derek L. Hall, PC in Jackson who will help you get the compensation you deserve.

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