Riding a motorcycle is a truly exhilarating experience, and there are many Mississippi residents who operate these vehicles safely and responsibly. Unfortunately, the same cannot always be said for motorists, and there are many who get behind the wheel while intoxicated. Motorcyclists are already quite vulnerable on the road for obvious reasons (1), and these inherent dangers can become even more pronounced when a drunk driver is thrown into the equation. But what can you do after you’ve been injured in a DUI crash?

Your first step should be to get in touch with a qualified, experienced attorney. But we know what you’re thinking: “How can I find attorneys near me?” The truth is that there are many legal professionals nearby who can assist you with this matter, and it’s often as simple as picking up the phone and booking a consultation. From there, you can pursue meaningful compensation for your injuries alongside a DUI accident lawyer in Mississippi.

Mississippi’s Comparative Negligence Laws

If you have been hit by a drunk driver while riding your motorcycle, you might want to be aware of Mississippi’s comparative negligence laws (2). These laws apply to all DUI accidents in the state, and they allow you to file a claim even if you were partly responsible for your own injuries. While other states place limitations on these rules, Mississippi is considered a “pure” comparative negligence state.

So what does this mean for your DUI crash? Simple: Even if you basically caused the accident, you can still recover compensation as long as you can prove the other driver was at least 1% liable. If the driver was drunk, this should be easy. In fact, if you can prove that another driver involved in the crash was drunk at the time, they will likely be considered at least 50% responsible.

The only downside of this system is that your settlement amount goes down relative to your liability percentage. For example, maybe you ran through a stop sign on your motorcycle before being hit by a drunk driver. In this situation, you both might be considered 50% liable. This means that you would only receive 50% of your normal settlement amount. If the driver wasn’t drunk, you might receive close to 0% of your normal settlement amount. If you did absolutely nothing wrong and stopped at the intersection before being hit by a drunk driver, you would likely receive 100% of your normal settlement.

Where Can I Find an Attorney Near Me?

If you’ve been searching for Jackson DUI or DWI accident lawyers near you, look no further than Ballard Law, PLLC. Over the years, we have assisted numerous injured plaintiffs, including those who have been harmed by drunk drivers. Book your consultation today, and you can immediately get started with an effective action plan. With our assistance, you can strive for a fair, adequate settlement that reflects the true extent of your injuries.

Sources

  1. https://www.wtok.com/2022/05/08/fatal-motorcycle-crash-kemper-county/
  2. https://casetext.com/statute/mississippi-code-1972/title-11-civil-practice-and-procedure/chapter-7-practice-and-procedure-in-circuit-courts/in-general/section-11-7-17-questions-of-negligence-and-contributory-negligence-for-jury

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Image License: https://creativecommons.org/licenses/by-sa/4.0/deed.en

 

Ballard Law, PLLC

108 S President St.
Jackson, MS 39201
(769) 572-5111

 

If you have further questions about this article or legal concerns call 800-672-3103

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