Mississippi’s climate of temperate winters and long, hot summers, combined with a landscape of beautiful pine woods, prairies, plains, and river lowlands makes it perfect for outdoor activities year-round. For many, putting on a helmet and putting your feet on the pedals of a bicycle is your favorite outdoor activity. Whether you are riding a narrow, off-road dirt path through the forest or alongside a busy paved road, for pleasure or for a purpose, bicycle safety should always be a priority. Unfortunately, you have no control over what drivers are doing behind the wheels of their cars. Injuries from these accidents are often more severe than a typical car accident. If you have suffered injuries as a result of a bike accident with a car, you may want to consider meeting with a Mississippi personal injury attorney and learning more about filing a claim against the driver. Call Lott Law at (228) 215-2787 to schedule a consultation.
Common Causes of Bicycle Accidents
When bicycles share the road with cars, they must obey the same rules of the road, including moving with the direction of traffic, obeying traffic signs and signals, and lane markings. Drivers are required to give cyclists a minimum of three feet of clearance when passing them. However, even with these laws in place, bicycle accidents still occur. Cyclists tend to be quite cautious, aware of the dangers to their bodies and their bicycles, but drivers may not be as prudent.
Some of the more common causes of bike accidents include:
- Distracted drivers (applying makeup, eating, texting, adjusting the radio station or climate control, etc.)
- Impaired drivers (under the influence of drugs or alcohol)
- Drivers who turn left when they do not have a green arrow
- Drivers who swerve into bike lanes (intentionally or unintentionally)
- Earbuds or other loud noises drowning out noise cues such as honking horns
- Unmarked or poorly marked construction
- Poorly lit parking lots or pathways
- Cyclists riding in a group or against traffic
- Pedestrians taking up the entire sidewalk instead of walking single-file and forcing cyclists to ride unsafely in the road
How Do Bicycle Accidents Differ From Other Car Accidents?
Every car accident, bicycle accident or pedestrian accident is unique based on the factors specific to that accident. But there are some significant differences between other car accidents and bicycle accidents.
Car Accidents
In a car accident between two cars, or a car and truck or SUV, the occupants are protected by the vehicle. Significant injuries are always a possibility, but when the occupants wear seatbelts, they are less likely to sustain severe injuries. The vehicle weights are similar enough, even between a small car and a truck or SUV, that the occupants of both vehicles may sustain more similar injuries.
Additionally, the damage to the vehicles often helps police or other authorities to determine how the accident happened, and specifically, to identify who is liable. They can look at the scene of the accident, the areas of damage, and other evidence to determine which driver caused the accident or if both drivers were at fault, who may be more to blame.
Bicycle Accidents
In bike accidents, there is a significant weight and size disparity between even a small car and a bicycle. This size and weight difference means that while the driver of the vehicle may be able to walk away uninjured, the cyclist often has very severe injuries. Cyclists also have a higher death rate in bicycle accidents. The Centers for Disease Control and Prevention (CDC) report that in 2018, traffic-related crashes killed 857 adult bicyclists in the United States. According to the National Highway Traffic Safety Administration (NHTSA) , Mississippi had 772 fatalities related to bicycle accidents with cars in 2021.
These accidents also differ from other car accidents in the difficulty of gathering evidence and determining liability. Collecting evidence as soon as possible after the accident is critical to showing that the vehicle driver is at fault for the accident. Some of the evidence to be collected includes the layout of the scene in photos, drawings, or video footage, and proof of where the bike ended up and where the cyclist ended up after being hit by the car. Getting the names and contact information of any witnesses is also crucial.
Common Injuries in Bike Accidents
Due to the weight and size disparity between a bicycle and a car, SUV or truck, cyclists often sustain much more severe injuries, even if the driver of the vehicle is uninjured. The lack of protection for the cyclist also contributes to the more severe injuries. For many cyclists, a helmet may be the only protection they have, while some may also have reflective tape on their clothing or a handlebar mirror to see what is behind them, but this type of safety gear does not protect against a vehicle that weighs several tons and may be moving at a very high rate of speed.
Common injuries in bicycle accidents include:
- Broken or fractured bones
- Back injuries
- Internal organ damage
- Spinal cord injuries or damage
- Traumatic brain injuries (TBI)
- Amputations
- Permanent scars
- Road rash
- Wrongful death
Who Is Liable for a Cycling Accident?
While there are actions cyclists can take that may cause an accident, in most cases, the cyclist is not liable for a bicycle accident with a car. Motorists are often liable, many times for one of the reasons previously given.
However, in some instances, another party may be responsible. A pedestrian who steps out in front of a car or another car that suddenly brakes and causes a driver to swerve into a cyclist may be responsible. Additionally, if the road design is unsafe or the bike lanes are not maintained or designed responsibly, the local municipality or a government department, such as the Department of Transportation, may be partially or fully responsible for the accident. If you have been injured in a bicycle accident, an experienced attorney with Lott Law may be able to assist you in determining who may be liable in your accident.
Can I Still File a Claim Even If I am Partially at Fault?
Mississippi is a pure comparative fault state. This means that an injured party is able to recover damages even if they are partially at fault for the accident. The pure comparative aspect means that even if the cyclist is found to be 99% responsible for the accident, they can still file a claim to recover the damages for the 1% liability that the other party holds.
However, even if an cyclist believes they may be partially liable for their accident, they should not acknowledge this liability. They should consider consulting with an attorney to discuss the facts of their accident. A skilled attorney may be able to assist in recreating the accident and may determine that the cyclist is not at fault, or is less liable than the cyclist believes. If this happens, a previous acknowledgement of liability could hurt the cyclist’s case.
What Damages Can You Recover?
Like other personal injury claims, there are two types of damages cyclists can recover: economic and non-economic. The amounts for each of these will vary depending on the severity of the injuries, damage to the bicycle, and other factors.
Economic Damages
Economic damages are compensation for tangible losses that the accident has caused for the cyclist. These are expenses or losses the cyclist can prove. This would be for things like current and future medical bills related to the accident, lost wages, and repairs to or replacement of the bicycle.
Because these are damages that can be proven, it is important the cyclist retains records of these damages they intend to ask for in their claim. They should keep all medical bills, pay stubs that show what they were making prior to the accident and stubs that show what they are making after or evidence that they are not able to work, and repair bills or proof of replacement costs of the bicycle.
Non-Economic Damages
Non-economic damages are compensation for non-tangible losses the cyclist has experienced. These losses might include pain and suffering, inconvenience, loss of society and companionship, mental anguish, loss of consortium, or emotional distress. These losses cannot be proven with bills or pay stubs, but are losses that are suffered just the same.
While Mississippi does allow people to recover these losses, the state does cap non-economic damages at $1,000,000. This cap only applies to these non-economic losses, and does not prevent the cyclist from recovering the full amount of their medical bills, lost wages, and other economic damages if they win.
Common Mistakes in Bike Accident Cases
After being involved in a bicycle accident, proving liability, injuries, and property damages are all important. Unfortunately, in their eagerness to move on or “get over it,” some cyclists make mistakes that can significantly damage their case, if not destroy it completely. Avoiding these mistakes is vital if a cyclist wishes to win and recover as much compensation as possible.
After bicycle accidents, individuals should avoid:
- Not getting medical treatment right away: While the cyclist may feel fine, some accident injuries have delayed symptoms. Therefore, it is important that the cyclist go to the emergency room, an urgent care, or schedules an appointment as soon as possible with their primary care physician to be examined. Delays in seeking medical treatment may give the other party the ability to claim that the injuries are not related to the accident.
- Not continuing treatment: After any kind of car accident, individuals may need ongoing care. They may get physical therapy or have other followup appointments. Even if the individual feels that this followup care is unnecessary, it is important to continue this treatment. If they do not, it may indicate to the court that the injuries are not as serious as they are and this can reduce any compensation the individual may get.
- Getting rid of the bike: Particularly in cases where the bicycle has been destroyed and cannot be used or repaired, the cyclist may be tempted to get rid of it, get a new bike, and just submit the receipt for the new bike as evidence. However, without the damaged bike, the cyclist may not recover as much compensation. Additionally, the bike serves as visual evidence of what happened and can be much more persuasive in court in proving how serious the accident was.
- Speaking to insurance: Insurance claims adjustors will say that individuals do not need an attorney to talk to them. They will also say that they are recording the conversation. This is because they hope the cyclist will say something that can be used to prove the other party is not at fault or to place at least some blame on the cyclist. While there is no legal requirement to hire an attorney, one may be able to assist a cyclist in navigating any interactions with the insurance adjustor without hurting their case.
- Waiting too long to file the claim: Mississippi §15-1-49 indicates the statute of limitations is three years from the date of the accident. If the individual does not file their claim within that time, they are barred from doing so and will not be allowed to recover damages. While waiting to ensure that all medical treatments are complete and the cyclist is recovered or mostly recovered is important, waiting too long can mean being responsible for their own losses.
How a Mississippi Personal Injury Attorney Can Assist You
No one wants to be involved in a bicycle accident. There is signficant potential for severe injury, as well as the damage or destruction of the bike. When you have been involved in a bike accident, a knowledgeable Mississippi personal injury attorney may be able to help you gather evidence, find witnesses, communicate with insurance, negotiate a settlement, or fight for your rights in a trial. Call Lott Law at (228) 215-2787 to schedule a consultation and learn more about your legal rights and options.