Countless motorcycle crashes happen every day across the United States. Sadly, many of these crashes are blamed on the motorcyclist, when in reality, they happened because someone else was negligent. The injuries motorcyclists sustain in crashes are often severe and sometimes life-altering. Worse still, the cost of treating and living with those injuries can easily become incredibly expensive, even when taking into account help from insurance coverage.
If you want justice and financial compensation after a motorcycle accident, we can help you. We know how to effectively fight for you in motorcycle accident cases, so rest assured that your case is in capable hands when you work with us.
Howe Law’s motorcycle accident attorneys offer free case analyses when you call our offices at (844) 876-4357.
Causes of Motorcycle Crashes in Southaven, MS
Motorcycle accidents happen for many different reasons. From the outside, many may view motorcycle crashes as “single-vehicle” accidents that purely have the rider’s incompetence to blame. However, we know that this is not the case and that crashes that may appear to be caused by motorcyclist error can have other causes.
Determining the cause of your motorcycle accident is important to our motorcycle accident lawyers and your case because it informs who you should file your lawsuit against. If you file your claim against a party that had nothing to do with your crash, you will not be successful in court, so it is crucial to figure out the cause of your motorcycle crash early on in the legal process.
Other Drivers
One of the primary causes of motorcycle accidents, and indeed motor vehicle accidents of all kinds, is other drivers being negligence. In law, someone is negligent when they do something careless and, consequently, hurt someone else. One way that drivers can be negligent is by ignoring traffic laws. This means doing things like driving drunk, ignoring traffic signs, speeding, and disregarding other traffic norms. Additionally, drivers can be negligent by driving in an unsafe way that does not necessarily violate any laws. When accidents happen for those reasons, the jury will determine liability based on whether the driver who hit you was acting as a reasonable person would under the circumstances.
Motorcycle Problems
Some accidents are not the result of driver negligence but of an issue with the motorcycle that is out of the rider’s control. Issues with motorcycles are called “defects,” and they can arise either during the manufacturing process or be inherent in the motorcycle’s design. Manufacturing defects include things like incorrectly done electrical wiring or improperly installed airbags. Design defects are problems that are more deeply ingrained in the vehicle. Even a motorcycle built exactly to specifications that has a design defect will still be dangerous.
Where and how the defect in your motorcycle arose determines who you file your claim against. For example, if a repair shop messed up your bike and you got hurt, you sue that shop. On the other hand, if the motorcycle company created a product with an inherently dangerous design, you should file against the relevant company. Our attorneys can help you determine the correct party to sue in these cases.
Poor Road Conditions
Some motorcycle accidents are the result of poor road conditions. Obviously, you cannot sue asphalt for hurting you, so instead, you usually file a claim against the local or state government entity that is responsible for keeping that stretch of road in good working order. There can be some clerical hurdles to suing government entities, so it is best to start discussing your claim with our motorcycle accident attorneys early if you intend to file against the government.
The Motorcycle Accident Statue of Limitations in Southaven, MS
When you get hurt in a motorcycle crash, you are on the clock for how long you have to file your claim. Each state has a set of laws called “statutes of limitations” that put a time limit on how long parties have to file lawsuits for certain claims. Under Miss. Code Ann. § 15-1-49, you have three years from when you get injured in a motorcycle accident to file your lawsuit. After that time, courts will not hear your case, and you will not be able to receive any financial compensation for your injuries.
While three years may seem like a long time to get a lawsuit going, the reality is that this is a shorter timetable than it appears. When one takes into account the collection of evidence and preparing a legal argument, as well as the time that needs to be devoted to recovering from injuries, three years can go by very quickly. Therefore, it is in your best interest to get legal counsel as soon as you can to make sure that your lawsuit is filed in a timely fashion.
Stereotypes in Southaven, MS Motorcycle Accident Cases
Many Americans, unfortunately, have the wrong idea about people who ride motorcycles. There is an incorrect assumption that a lot of motorcyclists are reckless thrill-seekers who “got what they deserve” if an accident happens. The reality could not be farther from that caricature. The vast majority of motorcyclists are incredibly safety-safety conscious and always wear DOT-approved helmets and other appropriate safety gear while riding a motorcycle.
Canny defense attorneys may try to characterize you as a reckless motorcycle rider or try to get the jury to buy into incorrect assumptions about motorcyclists. Our attorneys will make sure that you are portrayed fairly in your case so that the jury can make a decision based on the actual facts of your situation rather than misleading stereotypes about motorcyclists.
Let Our Southaven, MS Motorcycle Accident Attorneys Help You Today
The motorcycle accident attorneys from Howe Law can be reached at (844) 876-4357 for a free case review.
