Category Archives: Motorcycle Accident Cases

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Motorcycle accidents in Mississippi are a significant concern due to the state’s popular motorcycling routes and the inherent vulnerabilities that motorcyclists face on the roads. Understanding the common causes of these accidents, along with the state’s legal landscape, is crucial for both riders and other motorists. This comprehensive guide explores these aspects, focusing on prevention, legal definitions, the claims process, and other relevant information.

Overview of Motorcycle Accident Risks in Mississippi
Motorcycling carries inherent risks, not least because motorcycles are less stable than four-wheeled vehicles and riders are more exposed to physical harm during accidents. In Mississippi, these risks are compounded by various factors ranging from road conditions to the behavior of other drivers.

1. Visibility Issues and Motorist Awareness – One of the primary dangers for motorcyclists is the lack of visibility to other motorists. Motorcycles are smaller profiles and can easily fall into a vehicle’s blind spots. This issue often leads to accidents involving larger vehicles making left-hand turns at intersections, not noticing an oncoming motorcycle.

2. Road Conditions – Mississippi’s varied terrain and road conditions can also pose significant risks to motorcyclists. Potholes, uneven road surfaces, loose gravel, and other hazards that might be merely inconvenient to a car can be dangerous for a motorcycle, potentially leading to loss of control.

3. Speeding and Reckless Driving – Speeding remains a leading cause of all vehicular accidents, including motorcycles. The higher the speed, the less time there is to react to road hazards or the actions of other drivers. For motorcycles, which require a greater skill level for safe operation, speeding is especially risky.

4. Impaired Driving – Driving under the influence of alcohol or drugs is a critical issue in Mississippi, affecting not just the impaired driver but all road users. Impairment by alcohol or drugs significantly reduces a motorcyclist’s ability to react appropriately to emergency situations.

Legal Definitions and Relevant Mississippi Statutes

Understanding how Mississippi law treats motorcycle accidents is vital for navigating the aftermath of an accident. Here are key statutes and legal definitions:

Mississippi Code Section 63-3-103 outlines rules specific to motorcycle operation, including equipment standards and behaviors prohibited on the road.

Mississippi Code Section 63-7-67 mandates the use of helmets for all motorcycle riders and passengers, emphasizing the state’s commitment to rider safety.

The Claims Process Following a Motorcycle Accident

The process of claiming damages or dealing with legal fallout after a motorcycle accident can be complex. Here’s a general outline of the process:

Step 1: Immediate Response
Safety is the priority immediately following an accident. Once it is safe to do so, gathering evidence at the scene can be crucial, including photos of the accident scene, witness information, and detailed notes of your recollection.

Step 2: Medical Attention
Seeking medical attention not only supports your physical recovery but also provides medical records that serve as evidence of your injuries, which are vital for any claims process.

Step 3: Reporting the Accident
Mississippi law requires that accidents resulting in injury, death, or significant property damage be reported immediately to the local police, sheriff, or highway patrol. This report will be an essential document for insurance and legal purposes.

Step 4: Dealing with Insurance
Notify your insurance company about the accident as soon as possible. Understanding your policy’s coverage for accidents involving uninsured motorists or personal injury protection can significantly affect the compensation you receive.

Step 5: Legal Consultation
Consulting with a legal professional specializing in motorcycle accidents can provide you with an understanding of your rights and the best course of action, particularly if the accident involved potential negligence or complex liability issues.

Motorcycle accidents in Mississippi require careful consideration of both preventative measures and the legal steps that follow an incident. Awareness and understanding of the common causes can help reduce risks, but knowing the legal procedures ensures proper handling of the aftermath if an accident occurs. If you or a loved one has been involved in a motorcycle accident in Mississippi, it’s crucial to get expert legal help to navigate the complexities of your case.

FREE CONSULTATIONS OFFERED 24/7

Don’t hesitate to call us today at (601) 969-2709 to receive your free consultation with Jackson Motorcycle Accident Attorney Bill Kellum. He will evaluate your case and determine the best course of action to help you recover from your injuries and get your life back on track. We understand how difficult it can be to deal with the aftermath of an accident in Mississippi, and we are here to help. Call us today to speak with Jackson Auto Accident Bill Kellum and take the first step towards justice.

Kellum Law Firm, P.C.
1438 North State St.
Jackson, MS 39202
(601) 969-2709
DIRECTIONS

Kellum Law Firm, P.C.
617 Market St.
Port Gibson, MS 39150
(601) 590-9000
DIRECTIONS

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Motorcycle accidents are life-altering, often resulting in significant physical injuries and complex legal challenges. Navigating the recovery process requires a comprehensive approach that addresses both the physical and legal dimensions. This extensive guide provides an in-depth look at what individuals can expect during their recovery from a motorcycle accident in Mississippi, highlighting the importance of both medical treatment and skilled legal representation.

The Physical Recovery Process

Immediate Medical Attention
The journey to recovery begins with immediate medical attention. Due to the exposed nature of motorcycles, riders often suffer serious injuries that can be life-threatening. Immediate medical treatment not only addresses these critical injuries but also sets the foundation for a detailed medical record, which is crucial for any subsequent legal claims.

Long-Term Rehabilitation
Many motorcycle accident victims face a long road of rehabilitation. This might include surgeries, physical therapy, and counseling to address the psychological impacts of the accident. Each stage should be documented by healthcare professionals, whose records help substantiate the extent and impact of the injuries suffered.

Dealing with Permanent Disabilities
In cases where injuries lead to permanent disabilities, the recovery process includes adjustments to a new way of living. Victims may need to modify their homes, seek ongoing care, and acquire new skills tailored to their capabilities. Professional rehabilitation specialists can provide essential support during this challenging time.

Legal Rehabilitation and Compensation

Navigating Mississippi’s Legal Landscape
Understanding Mississippi’s legal framework is essential for securing fair compensation. The state operates under a “comparative fault” system (Miss. Code Ann. § 11-7-15), meaning that the compensation can be reduced by the percentage of fault the injured party holds in the accident.

Filing an Insurance Claim
The first step in the legal process often involves filing a claim with your insurance company. In Mississippi, it’s crucial to file these claims promptly, as personal injury claims must generally be filed within three years of the accident (Miss. Code Ann. § 15-1-49). Navigating insurance claims requires an understanding of policy details and the benefits available under your coverage.

Seeking Legal Assistance
Engaging a knowledgeable attorney early can significantly affect the outcome of your case. An experienced lawyer can help interpret the complexities of insurance policies, negotiate with insurance adjusters, and, if necessary, pursue litigation to secure adequate compensation for medical costs, lost wages, pain and suffering, and other damages.

The Importance of Legal Expertise in Settlement Negotiations
Settlement negotiations are a critical phase where legal expertise is invaluable. Your attorney can leverage their knowledge and experience to advocate for a settlement that comprehensively covers your long-term needs. If a satisfactory settlement cannot be reached, your attorney can take your case to trial, where they will present evidence and argue on your behalf to secure the compensation you deserve.Recovering from a motorcycle accident in Mississippi involves a multifaceted approach that addresses both physical injuries and legal challenges. The path to recovery can be fraught with obstacles, but with the right medical care and legal support, victims can work towards rebuilding their lives.

FREE CONSULTATIONS OFFERED 24/7

If you or someone you know has been involved in a motorcycle accident in Mississippi, securing expert legal representation is crucial. Don’t hesitate to call us today at (601) 969-2709 to receive your free consultation with Jackson Motorcycle Accident Attorney Bill Kellum. He will evaluate your case and determine the best course of action to help you recover from your injuries and get your life back on track. We understand how difficult it can be to deal with the aftermath of an accident in Mississippi, and we are here to help. Call us today to speak with Jackson Auto Accident Bill Kellum and take the first step towards justice.

Kellum Law Firm, P.C.
1438 North State St.
Jackson, MS 39202
(601) 969-2709
DIRECTIONS

Kellum Law Firm, P.C.
617 Market St.
Port Gibson, MS 39150
(601) 590-9000
DIRECTIONS

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Motorcycle accidents can have devastating consequences, leading to severe injuries, financial hardship, and emotional distress for victims and their families. In the aftermath of a motorcycle accident in Mississippi, victims may be entitled to seek monetary damages through a personal injury lawsuit. However, understanding the types of damages available and the legal process for pursuing compensation is essential for achieving a fair outcome. In this comprehensive guide, we will explore the various types of monetary damages that motorcycle accident victims in Mississippi could seek in a lawsuit, cite relevant Mississippi statutes, define legal terms, discuss the personal injury case process in Mississippi, and underscore the importance of retaining an experienced attorney to advocate for victims’ rights throughout the legal proceedings.

Relevant Mississippi Statutes

Personal injury law in Mississippi is governed by various statutes and legal principles, including but not limited to:

Mississippi Code Annotated § 11-1-60: This statute outlines the statute of limitations for filing personal injury lawsuits in Mississippi, which is generally three years from the date of the accident. § 11-1-60 also statute addresses the doctrine of comparative negligence in Mississippi, which allows plaintiffs to recover damages even if they are partially at fault for the accident, although their recovery may be reduced by their percentage of fault. This statute governs the calculation of damages in personal injury cases, including economic and non-economic damages.

Legal Definitions

Understanding key legal terms related to personal injury lawsuits is essential:

  1. Monetary Damages: Financial compensation awarded to a plaintiff in a personal injury lawsuit to compensate for losses incurred as a result of the defendant’s negligence or wrongful conduct.
  1. Economic Damages: Tangible losses that can be objectively quantified, such as medical expenses, lost wages, property damage, and future financial losses.
  1. Non-Economic Damages: Intangible losses that are more subjective in nature, such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

Types of Monetary Damages

Motorcycle accident victims in Mississippi may seek various types of monetary damages in a personal injury lawsuit, including:

  1. Medical Expenses: Compensation for past, present, and future medical treatment related to injuries sustained in the accident, including hospital bills, surgery costs, medication expenses, rehabilitation therapy, and assistive devices.
  1. Lost Wages: Reimbursement for income lost due to time missed from work as a result of the accident and injuries, including lost wages, salary, bonuses, and other employment benefits.
  1. Property Damage: Compensation for repair or replacement costs of the motorcycle and other damaged property, including vehicle repairs, towing fees, and rental vehicle expenses.
  1. Pain and Suffering: Compensation for physical pain, discomfort, and emotional distress endured as a result of the accident and injuries, including chronic pain, mental anguish, and loss of enjoyment of life.
  1. Loss of Consortium: Compensation for the loss of companionship, affection, and support suffered by the victim’s spouse or family members as a result of the injuries sustained in the accident.

Personal Injury Case Process in Mississippi

The personal injury case process in Mississippi typically involves the following steps:

  1. Consultation with an Attorney: The process begins with an initial consultation with an experienced Mississippi motorcycle accident attorney. During this meeting, the attorney evaluates the merits of the case, discusses legal options, and advises the victim on the best course of action.
  1. Investigation and Evidence Gathering: The attorney conducts a thorough investigation into the accident, gathering evidence such as police reports, witness statements, medical records, and expert opinions to build a strong case for compensation.
  1. Filing a Lawsuit: If a settlement cannot be reached through negotiations with the insurance company, the attorney files a lawsuit on behalf of the victim, initiating formal legal proceedings against the at-fault party.
  1. Discovery: Both parties exchange evidence and information through a process known as discovery, which may include written interrogatories, document requests, depositions, and other discovery methods.
  1. Settlement Negotiations: The attorney negotiates with the insurance company or defense counsel to reach a fair settlement that compensates the victim for their losses. If a settlement cannot be reached, the case may proceed to trial.
  1. Trial: If the case goes to trial, the attorney presents evidence, witnesses, and legal arguments to a judge and/or jury, seeking a favorable verdict and maximum compensation for the victim.

Why You Need an Attorney

Retaining an experienced Mississippi motorcycle accident attorney is crucial for several reasons:

  • Legal Experience & Specialize Legal Knowledge: An attorney specializing in motorcycle accident cases understands the intricacies of Mississippi personal injury law and can navigate the complexities of the legal system on behalf of the victim.
  • Negotiation Skills: An attorney can negotiate with insurance companies and defense counsel to secure a fair settlement that fully compensates the victim for their losses.
  • Evidence Gathering: An attorney conducts a comprehensive investigation into the accident, gathering evidence and expert opinions to support the victim’s claim for compensation.
  • Courtroom Representation: If the case goes to trial, an attorney provides skilled courtroom representation, presenting evidence and legal arguments to advocate for the victim’s rights and interests.

In conclusion, motorcycle accident victims in Mississippi may seek various types of monetary damages in a personal injury lawsuit to compensate for their losses. By understanding the legal process and the importance of retaining an experienced attorney, victims can pursue fair compensation and hold negligent parties accountable for their actions.

If you or a loved one has been injured in a Motorcycle accident in Jackson, Mississippi, please do not wait to seek legal help. Contact Kellum Law Firm, PC, today to schedule a free consultation with Jackson, Mississippi Motorcycle Accident Lawyer Bill Kellum. We’ll review the details of your case, explain your rights and options, and work tirelessly to pursue the compensation you deserve. With Kellum Law Firm, PC, by your side, you can trust that your legal needs will be handled with care, compassion, and dedication.

FREE CONSULTATIONS OFFERED 24/7

Don’t hesitate to call us today at (601) 969-2709 to receive your free consultation with Jackson Motorcycle Accident Attorney Bill Kellum. He will evaluate your case and determine the best course of action to help you recover from your injuries and get your life back on track. We understand how difficult it can be to deal with the aftermath of an accident in Mississippi, and we are here to help. Call us today to speak with Jackson Auto Accident Bill Kellum and take the first step towards justice.

Kellum Law Firm, P.C.
1438 North State St.
Jackson, MS 39202
(601) 969-2709
DIRECTIONS

Kellum Law Firm, P.C.
617 Market St.
Port Gibson, MS 39150
(601) 590-9000
DIRECTIONS

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Motorcycle accidents can be devastating, resulting in severe injuries, property damage, and financial losses. If you have been involved in a motorcycle accident in Mississippi, it’s important to understand the process for filing a motorcycle accident claim. In this article, we’ll guide you through the steps of filing a motorcycle accident claim in Mississippi.

Mississippi Motorcycle Insurance Laws

In Mississippi, all motorcycle riders are required to carry liability insurance. The minimum liability insurance requirements for motorcycles in Mississippi are:

$25,000 for bodily injury per person
$50,000 for bodily injury per accident
$25,000 for property damage per accident
Liability insurance covers damages or injuries that the motorcycle rider causes to others. It does not cover damages or injuries to the rider or their motorcycle. Riders can also purchase optional insurance coverage, such as collision coverage and comprehensive coverage, to cover their own damages and injuries.

Steps to File a Motorcycle Accident Claim in Mississippi

Check for injuries and call for help – If you are involved in a motorcycle accident, the first step is to check yourself and others for injuries. If anyone is injured, call 911 immediately. Even if no one appears to be hurt, it’s still important to call the police.

Exchange information with the other driver – Exchange contact information with the other driver involved in the accident, including names, phone numbers, and insurance information. If there were any witnesses to the accident, get their contact information as well.

Gather evidence – If possible, take photos of the accident scene and any damages to your motorcycle or property. Also, gather any medical records, bills, or other documentation related to your injuries.

Contact an attorney – It’s important to note that speaking with an experienced motorcycle accident attorney in Mississippi can make a significant difference in the outcome of your claim. An attorney can help you navigate the legal process, gather evidence, and negotiate with insurance companies on your behalf. They can also advise you on whether a settlement offer is fair and can represent you in court if necessary. With an attorney on your side, you can have peace of mind knowing that your rights are being protected and that you have the best chance of receiving the compensation you deserve.

Notify your insurance company – Report the accident to your insurance company as soon as possible. Your insurance company will ask for details about the accident, including the date and time of the accident, the location, and the damages or injuries sustained.

Determine fault – In Mississippi, motorcycle accidents are determined by fault. This means that the driver who is at fault for the accident is responsible for paying for the damages or injuries that result from the accident. If there is any dispute over fault, an investigation may be necessary.

File a claim with the at-fault driver’s insurance company – If the other driver was at fault for the accident, you can file a claim with their insurance company to receive compensation for damages and injuries. To file a claim, contact the at-fault driver’s insurance company and provide them with the details of the accident, including any evidence or documentation that supports your claim.

Negotiate a settlement – The insurance company will investigate the claim and may offer a settlement to cover damages and injuries. It is important to review the settlement offer carefully and negotiate if necessary to ensure that you receive fair compensation.

Consider legal action – If you are unable to reach a settlement with the insurance company, you may need to consider legal action. It’s essential to work with an experienced motorcycle accident attorney who can guide you through the legal process and ensure that your rights are protected.

Statute of Limitations for Motorcycle Accident Claims in Mississippi

In Mississippi, there is a statute of limitations for filing motorcycle accident claims. The statute of limitations is the time limit for filing a claim after an accident. In Mississippi, the statute of limitations for motorcycle accident claims is three years from the date of the accident. If you do not file a claim within the statute of limitations, you may lose your right to seek compensation for damages or injuries.

Tips for Filing a Motorcycle Accident Claim in Mississippi

Here are some tips to help you file a motorcycle accident claim in Mississippi:

Seek medical attention: If you are injured in a motorcycle accident, seek medical attention immediately. Even if you don’t feel injured, it’s still important to get a medical evaluation to ensure that there are no hidden injuries.

Don’t admit fault: Do not admit fault for the accident, even if you believe you may have been at fault. It’s important to wait for an investigation to determine fault.

Keep track of all expenses: Keep track of all expenses related to the accident, including medical bills, property damage, and lost wages. This information will be important when filing a claim with the insurance company.

Don’t sign anything without consulting an attorney: If the at-fault driver’s insurance company offers a settlement, do not sign anything without consulting an experienced motorcycle accident attorney. An attorney can review the settlement offer and negotiate on your behalf to ensure that you receive fair compensation.

Work with an experienced attorney: Motorcycle accident claims can be complex and time-consuming. It’s essential to work with an experienced motorcycle accident attorney who can guide you through the process and ensure that your rights are protected.
Conclusion

Filing a motorcycle accident claim in Mississippi can be a complicated process, but it’s essential to ensure that you receive fair compensation for damages and injuries. If you have been involved in a motorcycle accident in Mississippi, it’s important to follow the steps outlined in this article, including exchanging information with the other driver, gathering evidence, and notifying your insurance company. If you are unable to reach a settlement with the insurance company, consider working with an experienced motorcycle accident attorney to protect your rights and seek fair compensation. Remember to keep track of all expenses related to the accident, and don’t sign anything without consulting an attorney. With the right guidance and support, you can navigate the motorcycle accident claim process and receive the compensation you deserve.

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Mississippi is a beautiful state located in the southern region of the United States, with a rich history and culture. However, it is also known for its high rate of fatal motorcycle accidents. According to the Mississippi Department of Transportation (MDOT), there were 72 fatal motorcycle accidents in Mississippi in 2020 alone, resulting in 73 deaths. In this article, we will explore the causes and consequences of fatal motorcycle accidents in Mississippi and discuss possible solutions to reduce their occurrence.

Causes of Fatal Motorcycle Accidents in Mississippi

There are various reasons why fatal motorcycle accidents happen in Mississippi. Some of the most common causes include:

  1. Speeding: Exceeding the posted speed limit or driving too fast for the current road conditions can lead to fatal motorcycle accidents. Speeding reduces a rider’s ability to react to unexpected situations and maneuver their motorcycle in time to avoid a collision.
  2. Lack of Experience: Many motorcycle accidents involve riders who are inexperienced or lack proper training. Novice riders may not have the necessary skills to handle a motorcycle in certain situations, increasing the likelihood of a fatal accident.
  3. Impaired Driving: Riding under the influence of drugs or alcohol can impair a rider’s judgment, coordination, and reaction time, making it more likely for them to cause a fatal motorcycle accident.
  4. Distracted Driving: Similar to distracted driving in cars, motorcycle riders who are texting, using their cell phones, or engaging in other distracting activities are more likely to lose focus on the road and cause an accident.

Consequences of Fatal Motorcycle Accidents in Mississippi

The consequences of fatal motorcycle accidents in Mississippi can be devastating for the riders and their families. Some of the consequences include:

  1. Loss of Life: The most obvious consequence of a fatal motorcycle accident is the loss of life. Families are left to grieve the loss of their loved ones, and communities are left to mourn the loss of valuable members.
  2. Physical Injuries: In addition to fatalities, motorcycle accidents can also result in severe physical injuries. Survivors may require medical attention, surgeries, and long-term rehabilitation to recover from their injuries.
  3. Emotional Trauma: Motorcycle accidents can be traumatic experiences, and survivors may suffer from post-traumatic stress disorder (PTSD) or other mental health issues as a result.
  4. Financial Burden: Motorcycle accidents can be costly, both in terms of medical expenses and property damage. Survivors may also lose income if they are unable to work due to their injuries.

Solutions to Reduce Fatal Motorcycle Accidents in Mississippi

Reducing fatal motorcycle accidents in Mississippi requires a multi-faceted approach that addresses the various causes of accidents. Here are some possible solutions:

  1. Education and Awareness: Educating riders about the dangers of speeding, lack of experience, and impaired driving can help them make better decisions on the road. Public awareness campaigns and safety education programs can be effective in promoting safe riding practices.
  2. Law Enforcement: Enforcing traffic laws and imposing penalties on riders who violate them can deter unsafe riding practices. Increased police patrols and sobriety checkpoints can also help reduce impaired riding.
  3. Infrastructure Improvements: Improving road infrastructure can also help reduce the occurrence of fatal motorcycle accidents. Adding more signage and pavement markings, improving road conditions, and installing barriers on highways can improve safety for motorcycle riders.
  4. Safety Gear: Wearing appropriate safety gear such as helmets, gloves, and protective clothing can help reduce the severity of injuries in the event of a motorcycle accident.

Fatal motorcycle accidents in Mississippi are a serious problem that requires urgent attention. Addressing the various causes of these accidents and implementing solutions to prevent them can help save lives and reduce the devastating consequences for individuals and their communities. By promoting safe riding practices, enforcing traffic laws, improving infrastructure, and wearing appropriate safety gear

why hire a Mississippi motorcycle accident lawyer?

If you or someone you love has been involved in a motorcycle accident in Mississippi, it is important to consider hiring a Mississippi motorcycle accident lawyer. Here are some reasons why:

  1. Expertise: A Mississippi motorcycle accident lawyer has the legal expertise and knowledge necessary to navigate the complexities of motorcycle accident cases. They understand the state’s laws and regulations and can use that knowledge to build a strong case on your behalf.
  2. Investigation: An experienced motorcycle accident lawyer can investigate the accident and gather evidence to support your case. They can interview witnesses, gather police reports, and analyze medical records to determine the extent of your injuries and the damages you may be entitled to.
  3. Negotiation: A skilled motorcycle accident lawyer can negotiate with insurance companies and other parties involved in the accident to ensure that you receive the compensation you deserve. They can advocate on your behalf and fight for your rights in settlement negotiations.
  4. Representation in Court: If your case goes to court, a Mississippi motorcycle accident lawyer can represent you and argue your case in front of a judge and jury. They can present evidence, cross-examine witnesses, and use their legal expertise to argue for the best possible outcome.
  5. Peace of Mind: Dealing with the aftermath of a motorcycle accident can be stressful and overwhelming. Hiring a motorcycle accident lawyer can provide you with peace of mind, knowing that you have a legal expert on your side who is working to protect your interests and rights.

Hiring a Mississippi motorcycle accident lawyer can provide you with the legal expertise, investigation, negotiation, representation, and peace of mind that you need to navigate the aftermath of a motorcycle accident. If you or someone you love has been involved in a motorcycle accident, it is important to seek the advice of a skilled and experienced lawyer as soon as possible.

Free Mississippi Accident Consultations – Call (601) 969-2709 Today!

If you or a member of your family have been harmed in a motorcycle accident in Mississippi, do not delay in seeking legal help. The experienced Mississippi Motorcycle Accident Lawyer at Kellum Law Firm, P.C. is ready to help you navigate the insurance claims process and will make sure that your rights are protected. We are here to help you get the compensation you deserve.

Don’t hesitate to call us today at (601) 969-2709 to receive your free consultation. We will evaluate your case and determine the best course of action to help you recover from your injuries and get your life back on track. We understand how difficult it can be to deal with the aftermath of an accident in Mississippi, and we are here to assist you. Call us today to speak with Attorney Bill Kellum and take the first step towards justice.

Kellum Law Firm, P.C.
1438 North State St.
Jackson, MS 39202
(601) 969-2709
DIRECTIONS

Kellum Law Firm, P.C.
617 Market St.
Port Gibson, MS 39150
(601) 590-9000
DIRECTIONS

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Mississippi has a universal motorcycle helmet law that requires all operators and passengers of motorcycles and scooters to wear a helmet approved by the American Association of Motor Vehicle Administrators.  Despite a plethora of studies indicating the benefits of wearing a helmet to prevent traumatic brain injuries, facial injuries and fatalities, many riders still object to universal helmet laws.  In response to this continued opposition, a growing number of states have repealed their universal helmet law partially or completely.  While the debate over the merits of these laws and the nanny state will continue, Jackson motorcycle accident lawyer William Kellum III has provided some evidence that universal helmet laws do save lives.

Helmet Use Does Prevent Fatalities

A study conducted by the National Highway Traffic Safety Administration (NHTSA) found the motorcycle helmets are 37 percent effective in preventing fatal head injuries.  The report found that this rate of effectiveness over the ten year period of the accidents studied translated into 7,808 fewer deaths.  However, the agency estimated that 11,915 lives would have been saved if a number of states had not implemented universal helmet law repeals.  Helmets provide essentially the only significant type of safety equipment available to motorcyclists.  The inherent vulnerability of riders is reflected by the fact that motorcycles constitute only three percent of registered vehicles in the United States, but they constitute more than nine percent of traffic fatalities involve motorcycle operators and passengers.

Universal Helmet Laws Increase Helmet Usage   

While motorcycle helmets are effective at preventing head injuries and fatalities, helmet laws are only effective if riders actually comply with the requirement to wear a helmet.  Studies conducted before and after the repeal of helmet laws reveal that the percentage of riders who wear helmets increases to almost a hundred percent when universal helmet laws are in place.  A review of nine separate studies conducted by the General Account Office (GAO) found that helmet use ranged from 92 to 100 percent in states with universal helmet laws, but compliance was only 42 to 59 percent in states with laws that did not have a universal helmet law.  A similar study by the NHTSA found that helmet use was nearly a hundred percent in states with mandatory helmet laws but ranged between 28 to 40 percent when the laws only applied to certain populations of riders.

Impact of Not Wearing a Helmet on a Personal Injury Lawsuit

When riders disregard the mandatory helmet law, the violation can be evidence of negligence by the rider.  This negligence can be used to reduce the recovery of a motorcyclist if the rider suffers injuries to the head, brain or face that would have been prevented by wearing a helmet.  However, an injury victim’s failure to wear a helmet would not be relevant if the injuries suffered could not have been prevented by a helmet, such as injuries to the lower extremities.

Both sides have arguments that have merit in the debate between individual choice and public safety when it comes to universal helmet laws.   However, Mr. Kellum sees the tragic results of deciding not to strap on a helmet far too frequently.  Our law firm encourages all riders to wear a helmet when riding even if they are not subject to a mandatory helmet requirement.

The Decision to Strap on a Helmet Can Prevent Traumatic Brain Injuries & Fatalities

Mississippi motorcycle accident lawyer William S. Kellum III represents individuals who have suffered serious injuries or lost a loved in in a motorcycle crash in Jackson, Brandon, Clinton, Canton, Brookhaven, Greenwood, Hattiesburg, Indianola, Madison, Meridian, Natchez, Pearl, Ridgeland, Vicksburg, Yazoo and other surrounding cities and areas.  We offer a free consultation so that we evaluate your case and answer your questions so call us today at (601) 969-2709 or send us an email to schedule your initial consultation.