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Lawsuit against MDOT over Bandidos leader's death gets green light

Motorcycle accidents can occur for a variety of reasons. Sometimes they are caused by motorcyclist operator error.

However, often they are caused by other drivers who do not see the motorcyclists or do not follow the rules of sharing the road.

Some motorcycle accidents are also caused by unsafe road conditions, which the wife of a Gulfport Bandidos Chapter officer says led to her husband's death.

MDOT asks negligence lawsuit to be thrown out

Back in December 2010, the Bandidos officer was killed after crashing his motorcycle in a construction zone on Interstate 10 in Jackson County, Mississippi.

Recently, the Mississippi Supreme Court ruled that a lawsuit filed by the motorcyclist's family can proceed after the Mississippi Department of Transportation asked that it be thrown out.

The Clarion-Ledger reported that the accident occurred when the Bandidos member inadvertently drove into a closed lane in a construction site and when he tried to move back into an open lane, his motorcycle hit an uneven surface and crashed.

The motorcyclist was tossed from the motorcycle and landed in oncoming traffic. He was struck by two vehicles, sustaining injuries that claimed his life.

The motorcyclist's spouse filed a lawsuit against MDOT and two other parties, alleging that the proper safety protocol was not followed in the construction zone.

Specifically, the lawsuit charged that the defendants allowed an "unreasonably dangerous and hazardous condition to exist in the subject construction zone in reckless disregard for the safety of citizens traveling through the subject construction zone."

MDOT asked the court to dismiss the lawsuit based on the state agency's immunity in negligence lawsuits, but the motion was denied by a lower court in 2014, and the state Supreme Court agreed with the decision earlier this month.

When a lawsuit can be filed after a motorcycle accident

A lawsuit can be filed anytime the motorcycle accident victim and/or his or her family members believe that negligence played a role. This could include negligence on behalf of other drivers, or negligence on behalf of the highway department, the city or a construction company. It could even include negligence on behalf of the manufacturer of the motorcycle.

Anytime a person thinks that negligence may have played a role in a serious motorcycle accident, he or she should speak with an experienced personal injury lawyer who can offer valuable advice. Hint: Consider meeting with an attorney who offers a free consultation so there is nothing to lose.

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