What Is A Wrongful Death Motorcycle Accident Case In Mississippi? Two Hypotheticals To Help Mississippians Understand Their Rights In The Case Of A Tragic Accident
Wrongful death – we have probably all heard the term somewhere, but what does it mean under Mississippi laws? When a person gets in a motorcycle accident, there are certain laws that allow that person, and in the case of their death, their family to potentially recover money damages under Mississippi wrongful death and personal injury laws. Here are two hypothetical accidents involving motorcycles to help Mississippians understand how wrongful death laws work in Mississippi, and what to do if they are faced with a tragic motorcycle accident.
Hypothetical 1: Motorcycle and Pickup Truck
In this first hypothetical motorcycle accident, a middle-aged motorcyclist is on his way to work on the night shift, it is dark outside. He is wearing a helmet and is an experienced motorcyclist. He stops at an intersection and looks both ways. He proceeds through the intersection, and when he is in the middle, a pickup truck enters at speed. The pickup truck driver is distracted and is checking his phone, and does not see the motorcyclist. The pickup truck driver does not have his headlights on. The pickup truck driver collides with the motorcyclist, and the motorcyclist is ejected from the motorcycle. He sustains traumatic brain and neck injuries and tragically passes away at the scene. Is there a wrongful death case?
The answer is probably yes. The accident appears to have been caused by the pickup truck driver, who was driving negligently by not having his headlights on at night and driving while distracted. The motorcyclist was following the laws. It is likely that but for the pickup truck driver’s negligence, there would not have been an accident. Because the motorcyclist died in the accident, his family can likely bring a lawsuit against the pickup truck driver for damages under Mississippi wrongful death laws.
Hypothetical 2: Motorcycle and Commercial Semi-Truck
A female motorcyclist is on a ride with her friends on the weekend. It is afternoon. She is wearing a helmet and obeying safety laws and rules of the road. A commercial semi-truck for a national carrier is up ahead on the two-lane road that they are traveling. The motorcycle group intends to turn right at the next light. As they approach the light and prepare to turn, the semi-truck moves into the left lane, appearing to change lanes. The motorcyclist moves into the right lane to turn. Then, suddenly, the semi-truck swings to the right and makes a right-turn, trapping the motorcyclist against the curb, and she hits the curb at speed and crashes into the side of the road. The motorcycle hits her as it skids and she is trapped underneath it. She sustains a fatal head injury from the impact and, unfortunately, passes away.
In this scenario, because the semi-truck performed an unlawful road maneuver in order to make a right turn, they would likely be found negligent in causing the accident that occurred. The motorcyclist’s family could likely bring a lawsuit not only against the driver of the semi-truck, but the driver’s employer, since the driver caused the accident in the scope of their employment.
Help with a Motorcycle Accident in Mississippi
If your loved one has been tragically killed in a motorcycle accident in Mississippi, the experienced Batesville personal injury lawyers at Lunsford Baskin & Priebe are here to help. They offer a free and confidential consultation to learn about your case and to see if they can help you recover money due under Mississippi laws. Contact Lunsford Baskin & Priebe today and speak to a lawyer about your rights and options for free.
