Motorcycle Accident Claims in Mississippi
The Mississippi helmet law, whether lane splitting is legal, how fault is shared after a motorcycle crash, and the deadline to sue.
Short answer: Every person operating or riding on a motorcycle or motor scooter on Mississippi public roads must wear a crash helmet meeting federal safety standard FMVSS 218, regardless of age. Miss. Code Ann. §63-7-64
| Motorcycle helmet law | Every person operating or riding on a motorcycle or motor scooter on Mississippi public roads must wear a crash helmet meeting federal safety standard FMVSS 218, regardless of age. Exceptions cover autocycle operators and parade riders who are 18 or older and going no faster than 30 mph. The section does not say whether not wearing a helmet affects damages in a lawsuit. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: Miss. Code Ann. §63-7-64 |
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| Fault rule (comparative negligence) | Pure comparative negligence. In actions for personal injury, death or property damage, the injured person's contributory negligence does not bar recovery; the jury reduces damages in proportion to that person's share of negligence. Source: Miss. Code Ann. § 11-7-15 |
| Minimum car insurance | Every motor vehicle operated in the state must have liability insurance of at least $25,000 per person and $50,000 per accident for bodily injury and $25,000 for property damage. Limits: https://codes.findlaw.com/ms/title-63-motor-vehicles-and-traffic-regulations/ms-code-sect-63-15-3.html |
| Deadline to sue for an injury | Three years. Actions with no other specific limitation period, which includes most negligence personal injury claims, must be filed within three years after the cause of action accrues. For latent injuries or diseases, the time starts when the injury is discovered or reasonably should have been discovered. Source: Miss. Code Ann. § 15-1-49 |
More Mississippi personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Mississippi
- Wrongful Death Lawsuits in Mississippi
- Medical Malpractice Rules in Mississippi
- Car Accident Claims in Mississippi
- Dog Bite Liability in Mississippi
- Sidewalk and Public Property Falls in Mississippi
- Pedestrian Accident Claims in Mississippi
- Bicycle Accident Claims in Mississippi
- Construction Site Injuries in Mississippi
- All Mississippi personal injury & wrongful death rules
FAQ
Do you have to wear a motorcycle helmet in Mississippi?
Every person operating or riding on a motorcycle or motor scooter on Mississippi public roads must wear a crash helmet meeting federal safety standard FMVSS 218, regardless of age. Exceptions cover autocycle operators and parade riders who are 18 or older and going no faster than 30 mph. The section does not say whether not wearing a helmet affects damages in a lawsuit.
Can you recover damages if you were partly at fault in Mississippi?
Pure comparative negligence. In actions for personal injury, death or property damage, the injured person's contributory negligence does not bar recovery; the jury reduces damages in proportion to that person's share of negligence.
What is the minimum car insurance required in Mississippi?
Every motor vehicle operated in the state must have liability insurance of at least $25,000 per person and $50,000 per accident for bodily injury and $25,000 for property damage.
What is the statute of limitations for personal injury in Mississippi?
Three years. Actions with no other specific limitation period, which includes most negligence personal injury claims, must be filed within three years after the cause of action accrues. For latent injuries or diseases, the time starts when the injury is discovered or reasonably should have been discovered.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.