The severity of motorcycle accidents could leave those affected with a challenging set of circumstances physically, mentally, and financially. It could be difficult to determine what to do following such a serious incident.
If you or a loved one were injured in a motorbike collision due to the negligent actions of another, you might benefit from the guidance and support of a George County motorcycle accident lawyer. Representing yourself could be overwhelming. An experienced personal injury attorney could examine your case and help you determine what options you have available for recovery moving forward.
When someone suffers an injury as a result of an unintentional act, the injured party might bring a personal injury case based on a theory of negligence.
In order for a motorcycle collision to rise to the level of negligent conduct, the defendant must have committed a wrongful act, also known as a tort. Individuals may be held civilly liable for committing a tort unintentionally. Those injured in a motorcycle crash in George County seeking to bring a negligence claim have to prove the following four core elements:
People have a duty to act as a reasonably prudent person would act under the circumstances. Motorists, in particular, owe a duty to operate their vehicles with reasonable care. Failure to do so would amount to a breach of their duty and would be considered negligent. For example, if a motorist was texting while driving and caused an accident, they could be held liable for negligence. A knowledgeable George County motorcycle accident lawyer could investigate the claim and help prove the defendant’s negligence in court.
Auto insurance could be one of the first options for someone seeking recovery for motorcycle accident injuries in George County. Mississippi operates under a fault-based system, which gives claimants three options for recovery. Injured claimants may seek relief under their own insurance policy, under the at-fault driver’s insurance policy, or file a personal injury lawsuit to seek damages.
Comparative fault rules are another factor that could limit a plaintiff’s overall damages. Mississippi follows the pure comparative fault rule under Mississippi Code §11-7-15, which states that a plaintiff may recover damages as long as they are not 100 percent at fault for causing the accident. If a plaintiff is partially at fault, their damages would be reduced by their percentage of fault.
Plaintiffs may seek both economic and non-economic damages for their injuries. Noneconomic damages are not given under insurance policies. A few factors, such as the severity of the injury, could impact the amount of non-economic damages that are awarded.
It takes a lot of determination and perseverance in order to overcome a motorcycle accident injury. But the struggle might not end with recovering from the injury. Seeking legal recovery could be a long, demanding process.
Going after your recovery against large insurance companies and defense firms could be a tall task to accomplish without legal knowledge and experience. A George County motorcycle accident lawyer could fill in that gap, and provide legal insight and direction for your case. Call today to discuss your legal rights and options.