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Understanding how comparative fault rules affect a Jackson, MS bicycle accident claim is essential when you pursue a bicycle accident case. The comparative fault rule could potentially reduce your payout, but the team at Chhabra, Gibbs & Gustavis, P.A., has secured over $265 million for accident victims throughout Mississippi. Past results don’t guarantee results in the future, but we know how to push back when insurance companies try to use this rule against you.
About Us
Chhabra, Gibbs & Gustavis, P.A., brings more than 130 years of combined experience to your bicycle accident claim. Our award-winning team takes an aggressive approach to representation, building strong arguments based on the evidence and the specific circumstances of each case.
Comparative Fault: What It Is and How Mississippi Uses It
Comparative fault is a rule that determines how much blame each person shares for an accident. Under Mississippi Code § 11-7-15, this means you can still receive compensation even if you were partly responsible for the crash.
After an investigation, you are assigned a percentage that reflects your own personal contribution to the conditions that led to the accident. However, when compensation is awarded later on, it is then reduced by the same percentage that was assigned to you.
In a Jackson bicycle accident claim, the amount of blame assigned to each person depends on the evidence involved.
However, insurance companies often use the evidence to twist the narrative, meaning they do everything they can to shift blame onto the cyclist. However, an experienced Jackson drunk driving accident attorney can help evaluate whether the proposed fault percentage is fair and push back when insurance companies are being unreasonable.
Evidence That Can Challenge Unfair Blame
In 2024, 52,887 cyclists were injured across the United States, resulting in 1,075 fatalities. Because insurance companies are focused on paying out as little as possible, legal counsel can help protect your rights by examining the evidence and challenging them when they shift blame.
An experienced Jackson drunk driving accident attorney can use that evidence to show who was responsible for the crash and push back against attempts to unfairly reduce your compensation. Important evidence can include:
- Road positioning at impact can help establish where the cyclist was riding when the collision occurred.
- Witness accounts can clarify how the crash happened and whether the driver gave the cyclist enough space.
- Helmet-camera footage can capture traffic conditions and the actions of both parties before impact.
- Police reports document officers’ observations, statements, and any traffic violations.
- Traffic camera footage could capture the accident or events leading up to it.
- Vehicle damage can help explain how the crash occurred.
- Medical records document injuries and connect them to the accident.
- Cellphone records could show whether the driver was using a phone at the time.
An experienced Jackson drunk driving accident attorney can review the facts, explain how Mississippi’s drunk driving accident laws might apply, and help you pursue a drunk driving accident claim that reflects your losses.
Hire a Bicycle Accident Attorney: Local Counsel Matters
When you hire a bicycle accident attorney, local counsel offers an advantage. At Chhabra, Gibbs & Gustavis, P.A., our familiarity with the Hinds County Circuit Court helps us prepare for procedural requirements and potential challenges during litigation. This includes disputes over comparative fault and attempts by insurance companies to shift blame onto injured cyclists.
Contact us today to schedule a consultation.
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