Fierce Representation for Mississippi Bicycle and Pedestrian Accidents
Motor vehicle accidents involving pedestrians and bicyclists are frighteningly common – and they have been on the rise for years. Pedestrians and cyclists are especially vulnerable to devastating injuries when they are struck by moving vehicles of any kind.
Since 1939, Farese, Farese, & Farese, P.A., has been looking out for injury victims in Ashland and Oxford. We offer fierce representation for all our clients who have been injured in pedestrian or bicycle accidents.
How Do You Know If You Have a Bicycle or Pedestrian Accident Claim?
In general, you may have a viable claim whenever you have been injured due to another person’s negligence. Many pedestrian and bicycle accident claims are the result of errors on the part of the motorist, due to things like distracted driving, impaired driving, aggressive driving, speeding, impaired driving and failures to observe traffic laws or yield the right of way. Let an experienced attorney help you understand the strengths and weaknesses of your claim.
Steps That Can Help Ensure a Successful Claim
First, make sure that you get immediate medical attention. Do not try to “walk it off.” Adrenaline and shock can mask serious injuries. Call 911 and let the police handle the situation so that there is a record of the accident and you get the contact information you need from the other party. Do not make any apologies or admit to any fault.
Then, contact an experienced personal injury attorney right away. One of the most fatal mistakes you can make – which can ruin your bicycle or pedestrian accident claim – is to speak to the insurance company yourself. Insurance adjusters excel at getting people to make admissions that can later be used to deny or devalue a claim.
Legally, Mississippi Code § 15-1-49 says you have three years from the date of the accident to file a claim, but you do not want to wait that long to find a lawyer. As time passes, records get lost, witnesses disappear and memories fade. It is extremely important to act quickly so that your attorney can move to protect important evidence.
Damages Available For a Pedestrian or Bicycle Accident Claim
Bicycle and pedestrian accident claims are unlike regular motor vehicle accident claims because the injuries to the victims tend to be so much more severe. They can easily result in brain injuries, broken bones, paralysis, disfigurement and more.
In Mississippi, you can generally receive compensatory and punitive damages. Compensatory damages are broken down into two parts: special damages and general damages. Both are meant to reimburse you for your losses.
Special damages are those losses that are easily quantifiable, such as lost wages and medical bills. General damages include things like pain and suffering, psychological trauma, reduced quality of life and loss of companionship. Punitive damages, which are only awarded to punish the other party’s bad behavior, are rarely awarded. To receive those, it must be shown that the defendant either acted purposefully or with extreme disregard for the consequences to others.
It’s also important to know that Mississippi uses a pure comparative negligence rule when looking at fault. That means you can still recover damages even if you are partially at fault for the bicycle or pedestrian accident.
Let Us Help You Explore Your Case
Whether you suffered injuries yourself or your loved one is injured, you need a dedicated, experienced lawyer to make certain that your interests are protected. At Farese, Farese, & Farese, our attorneys can assess your case and help you obtain the compensation you need and deserve.
The initial consultation is always free, and we work on contingency fees for pedestrian and bicycle accidents. That means we do not get paid unless we recover damages for you. Call 662-736-1292 or use our online form to make an appointment today.