WE ARE ATTORNEYS AND WE ARE RIDERS
WE REPRESENT MISSISSIPPI CYCLISTS
HAD A BICYCLE CRASH IN MISSISSIPPI?
Contact Ben Dodge to see if the bicycle crash lawyers at Bike Accident Attorneys (BAA) can help. Unlike other lawyers who attempt to represent cyclists, our BAA lawyers actually ride and race their bicycles as well as appear and win in court. Most attorneys are just pencil pushers. We are court room litigators who are passionate about riding our bikes and we have associated local counsel in other states to allow us to help you in your state. Based on our expertise and experience we have also been admitted in other states to appear in court for our bicycle crash clients on a case by case basis. We can help you directly or ensure that you get the quality help you need in your state. Contact Ben Dodge now to see how we can protect your rights.
3 Tips on Choosing the Best Bicycle Crash Lawyer and Avoid Being Scammed
So how do you know if you have the best lawyer? There are 3 things to investigate when hiring a bicycle lawyer that can help you avoid a scammer. Some of that depends on what you think the “best” really means. To me, it is simple. The “best” lawyer will get you to the most advantageous position possible with as little cost as possible. That’s it. Nothing else to it. I have seen too many lawyers give up or miss out on incredible opportunities for their clients because of their own egos arguing the irrelevant issues or pushing too hard in a direction that only generates their own fees as opposed to the results the client would rather have.
The most advantageous position is sometimes not even what the client comes in asking for. I can’t tell you how many times I probably talked myself out of a job in an initial consult because what the client wanted actually puts them in a worse position and I wasn’t afraid to tell them so. It would have been so much easier to just tell them what they desperately wanted to hear, help them feel heard and let them vent a little. All just tell them we better hurry up and rush to court so they can be vindicated. When in reality, that won’t help them at all. So that is what many lawyers do- they try to figure out what the client wants emotionally and then sell them a legal service that matches that emotional need and of course charge them for it based on whatever they think the client is able to pay.
Obviously not all attorneys are this cold-hearted. Many of us actually care. Many of us strive to do right by the client as opposed to just trying to do right by the pocket book.
Here are some general things to watch out for when looking for an attorney, especially a bicycle accident lawyer (I don’t like the word accident, I prefer “crash” – but most of the world uses the term accident and I understand why, so I sue it too). Here are the issues to watch out for:
1) Specific Knowledge
Do they have the specific knowledge required to handle your case? Just because they graduated from law school doesn’t mean they know anything about cycling! In fact, in my opinion, most of the country doesn’t know anything about cycling. It is crazy that all sorts of professionals from police offices charged with enforcing cycling safety to insurance adjusters responsible for finding fault don’t know anything about cycling laws. This is especially true with local rules, ordinances, and even more so with knowledge of local customs and implied expectations of cycling culture and more. Now fast forward to the moment when you are looking for an attorney to help you with your crash (your bicycle accident case) and you see a billboard on the side of the freeway, or a TV commercial, or even a Google search where the words cycling lawyer were used… How much specific knowledge of bicycle cases do you think they really have? Ask them how often they ride? Ask them what their favorite route is? Ask them if they could buy any bike on the planet what would it be and why? These questions will help you quickly identify if they are even remotely plugged into the cycling community and whether or not they have specific knowledge relating to cycling. Why is this important? SIMPLE- as a cyclist you already know that most people (drivers) hate that we are out on the roads. You already have an uphill court battle of public opinion. Being right on some traffic issue isn’t enough for us. Your lawyer must know this intimately in order to successfully navigate the complex negotiations of your case with the insurance company and opposing attorneys and then ultimately in a court room where you can bet no one on the jury will be a cyclist.
Also on the topic of specific knowledge. How many cases like this issue have they handled? What were the outcomes? How confident do you feel with their answers to these questions? Specific case knowledge is helpful. Do they have experience with the opposing insurance company? With that specific police department? With your judge? And on and on.
Specific knowledge is very helpful and you can’t buy it with expensive marketing on billboards, commercials, etc. It is earned with blood, sweat, and sometimes tears through years of experience.
2) Desk or Courtroom
The next thing to investigate is whether or not the attorney you’re thinking about hiring is a desk lawyer (I fondly refer to these lawyers as pencil pushers) or a courtroom lawyer. There is a need for all sorts of lawyers. But unless you are planning on having your bicycle accident attorney draft a will or some contract for you, then you want a courtroom lawyer not a pencil pusher.
I know this is a guess, but in my experience it seems like 95% of lawyers, especially the ones who end up on billboards and commercials, are just pencil pushers. Once their cases get to tough they refer them out to a real lawyer to finish the courtroom stuff for them. Most attorneys talk a big talk in their consult with potential clients about how good they are, but when push comes to shove and they have to actually prove it to you in a courtroom with you watching, their peers (opposing lawyers on the other side of your case) and in front of a judge and jury- they simply freak out and completely drop the ball or settle for less than you should ever take just to avoid the scary courtroom.
Don’t mistakenly hire a pencil pusher. Hire a bicycle accident lawyer who thrives in the courtroom. One simple question to help catch them off guard is ask them when is the last time they were in court? What was it about? What kind of hearing was it? What was the argument they proposed and made to the judge? How did it turn out? These simple questions will help you find out if they are pencil pushers or not. Their hesitation or odd answers are a dead give away that they are likely misleading you on their courtroom abilities and experience.
We are courtroom lawyers, sometimes even going multiple times per week to court. We file lawsuits, we don’t just write a few meaningless settlement letters and sell our clients on how good the settlement is- we prove it to our clients.
3) Do You Recognize Them from a Billboard or Commercial?
Yes I said that right, do you actually recognize them from a billboard or a TV commercial? Why is this even a thing? Well, it sounds harsh but those lawyers out there spending hundreds of thousands of dollars per year (for some they spend that per month) just to recruit new clients may be struggling to get their current and past clients to even refer to them… Yep, what if your lawyer was so good and you were so impressed that you happily sent business to him/or her? See how powerful that is? I’m not saying that everyone who advertises in our line of work is a horrible lawyer. What I am saying is that it is a bit suspect since advertising is NOT cheap and it begs the question as to why they have to advertise in the first place? Is their reputation with their own clients so bad that they have to find an alternative source to finding clients? Possibly. I’m one of those guys who avoids, in fact runs away from any professional I see on a billboard. I’d much rather consult a trusted friend and get their opinion as to whom I should see or NOT see based on their experience.
Not all lawyers who advertise are bad. But like I said, I personally run away from any professional on a billboard or TV commercial. A good old fashioned referral has always proved to be much better much more often. Just sayin’.
These are just 3 of the many things to look out for when you hire a bicycle accident lawyer. Call my office up and we can chat over the phone sometime about all the other million things to look out for like attorney billable hour quotas, bonus structures, professional reputation among peers, and so much more!
We are here for you. We got your back. We protect our own like you’re a member of our tribe. Good luck. Be safe out there and keep the rubber side down.
Contact Ben Dodge and let the lawyers in the Bike Accident Attorneys National Network help you. We will assist you in your case and/or find someone for you in your state that we can trust and recommend. We have your back. We are here for you.
(Mississippi State Flag)
MISSISSIPPI BICYCLE ACCIDENT STATISTICS
Percentage of Total Traffic Fatalities
Pedalcyclist Fatalities per Million Population
MISSISSIPPI BICYCLE STATUTES
Mississippi Code of 1972
SEC. 63-3-207. Applicability of chapter to persons riding bicycles or animals or driving animal-drawn vehicles.
Every person riding a bicycle or an animal or driving any animal drawing a vehicle upon a highway shall have all of the rights and all of the duties applicable to the driver of a vehicle under this chapter, except those provisions of this chapter which by their nature can have no application.
SOURCES: Codes, 1942, Sec. 8149; Laws, 1938, ch. 200; 1983, ch. 350, Sec. 2, eff from and after July 1, 1983.
Mississippi Code of 1972
SEC. 63-3-603. Driving on roadways laned for traffic.
(e) Persons riding bicycles upon a roadway shall not ride more than two (2) abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. Persons riding two (2) abreast shall not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride within a single
SOURCES: Codes, 1942, Sec. 8187; Laws, 1938, ch. 200; 1977, ch. 321, Sec. 1; 1983, ch. 350, Sec. 3, eff from and after July 1, 1983.
Mississippi Code of 1972
SEC. 63-7-13. Requirements as to lighting equipment. (4) Lamps on bicycles. Every bicycle shall be equipped with a lighted white lamp on the front thereof visible under normal atmospheric conditions from a distance of at least five hundred feet in front of such bicycle and shall also be equipped with a reflex mirror reflector or lamp on the rear exhibiting a red light visible under like conditions from a distance of at least five hundred feet to the rear of such bicycle.
SOURCES: Codes, 1942, Sec. 8229-01; Laws, 1938, ch. 200; 1948, ch. 343, Sec. 9; 1956, ch. 381; 1968, ch. 543, Sec. 1, eff from and after passage (approved May 15, 1968).
Mississippi Code of 1972
SEC. 63-7-65. Horns and other warning devices.
(3) No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle, or bell, except as otherwise permitted in this section. No bicycle shall be equipped with nor shall any person use upon a bicycle any siren or whistle.
SOURCES: Codes, 1942, Sec. 8250; Laws, 1938, ch. 200; 1994, ch. 324, Sec. 1, eff from and after July 1, 1994
SEC. 63-3-1112. Duty of driver to avoid collision with pedestrian or person propelling human- powered vehicle; warning signal.
Notwithstanding other provisions of this chapter or the provisions of any local ordinance, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human- powered vehicle and shall give an audible signal when necessary and shall exercise proper precaution upon observing any child or any obviously confused, incapacitated or intoxicated person.
SOURCES: Laws, 1983, ch. 350, Sec. 6, eff from and after July 1, 1983
RULE NO.: 941 – 7501 – 09001
Agency: Mississippi Department of Transportation
Agency Effective Date: May 15, 2005 Agency Issued Date: March 8, 2005
Secretary of State Authority Date: May 15, 2005
Rule Title: Rules, Regulations and Ordinances Governing Use of State Highways of Mississippi
The person to be contacted regarding the proposed rule is: Facility and Records Management Director
Name of person originating the proposed rule: John Vance
Name of supervisor or person who approved the proposed rule: Melinda McGrath
Purpose: To regulate the use of State highways in order that they be preserved for public benefit as intended by law and to carry out the Mississippi Transportation Commission’s agreements with the Federal Government regarding maintenance and preservation of completed highways.
Summary: This rule sets forth the requirements necessary to regulate the use of State highways in order that they be reserved for public benefit as intended by law and to carry out the Mississippi Transportation Commission’s agreements with the Federal Government regarding maintenance and preservation of completed highways.
The portion of the text of interest to the Cyclist or Pedestrian:
Rules, Regulations, and Ordinances
12. The use of any fully controlled access (see definitions) facility by pedestrians, bicycles,
hitchhikers, ridden or herded animals and animal drawn vehicles is prohibited. The use of any such fully controlled access facility by motor bicycles, non-motorized vehicles or any other vehicle unable to comply with the posted minimum speed limit is also prohibited. It shall be unlawful for any person to fish from any bridge, culvert or other structure on a state highway.
Control of Access: The condition where the right of owners or occupants of abutting land or other persons to access, light, air, or view in connection with a highway is fully or partially controlled by public authority. Full control of access means that the authority to control access is exercised to give preference to through traffic by providing access connections with selected public roads only and by prohibiting crossings at grade or direct private driveway connections. Partial control of access means that the authority to control access is exercised to give preference to through traffic to a degree that, in addition to access connections with selected public roads, there may be some crossings at grade and some private driveway connections.
The full text of the rule is:
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