Motorcycle Accident Lawyer in Charlotte

After a motorcycle accident in North Carolina, you need a team like ours that truly understands what you’re going through. Auger & Auger Accident and Injury Lawyers was founded on personal experience with catastrophic injury: in 1992, our founder, Herb Auger, was seriously injured by a drunk driver while he and his wife and partner, Arlene, were in law school. 

Herb decided after that accident to dedicate his career to helping injury victims rebuild their lives after devastating accidents, just as he once had to do himself.

That commitment has driven decades of results for injured clients across North Carolina and a unique approach to practicing law: our Charlotte personal injury lawyers combine real-world understanding of trauma with aggressive legal advocacy. 

Our mission is simply to hold negligent drivers accountable, help injured motorcyclists recover from their injuries the best they can, and obtain the maximum compensation possible to help them in their efforts.

Why Choose Our Firm for Your Motorcycle Accident Case

When you hire Auger & Auger, you get:

• A free consultation: Speak with a Charlotte personal injury lawyer at no cost.
• Our A&A Zero Fee Guarantee™: Pay nothing unless we win compensation for you.
• Proven results for accident victims: One example includes a settlement where we recovered $1,000,000 for a client who suffered several injuries after a tractor-trailer abruptly turned left into his lane while he was riding his motorcycle. Auger & Auger was able to resolve the matter quickly for their client.
• A nationally recognized trial team: We were admitted to the Academy of Truck Accident Attorneys, are members of the Million Dollar Advocates Forum, and were named to the Top 40 Under 40 Trial Lawyer list nationwide.

These strengths are part of why injured riders turn to Auger & Auger after a serious motorcycle accident.

The Cost of Hiring an Attorney After a Motorcycle Accident in Charlotte

After a motorcycle accident, many injury victims fail to hire legal representation over concerns that they will not be able to afford to pay a lawyer’s legal fees. However, this is never a problem when you work with the team at Auger & Auger. We represent clients on a contingency fee basis, which means that you only pay our fee if we are able to recover money for you.

If we are unable to secure compensation for your losses, you won’t owe us anything for the legal services we provide. If we do get you money for your losses, we collect a single fee, which is deducted as a fixed percentage of the compensation you receive, taken directly from the financial recovery.

By working on a contingency fee basis and offering free initial consultations, we are able to ensure that all accident victims have access to experienced legal representation, regardless of their financial situation.

Why Hire a Motorcycle Accident Attorney in Charlotte, NC?

Motorcycle accidents often lead to serious injuries. For example, in 2022, there were 121 motorcycle accidents resulting in 104 injuries, according to the North Carolina Traffic Crash Facts report. These injuries are often catastrophic, leaving riders with long-term disabilities and overwhelming medical bills.

Hiring an attorney can improve your chances of successfully dealing with North Carolina’s legal system and filing a claim against the negligent driver for fair compensation. With a knowledgeable attorney by your side, like those at Auger & Auger, you do not have to figure out how to file a personal injury claim on your own. Instead, our team can help you in various ways.

Explaining the Laws in Your Area

Our law firm, Auger & Auger, understands the unique laws governing personal injury claims in North Carolina. We know how important it is to quickly establish another party’s fault because you can lose your chance at getting compensation for holding even 1% of liability.

Finding the Liable Party

We work quickly to determine who is liable for your motorcycle collision. In many cases, we can build a motorcycle accident claim against a motorist who caused a crash through negligent or aggressive driving.

Talk to us now and learn who is at fault in a motorcycle accident.

Handling Insurance Negotiations

You can rely on the professional legal team at Auger & Auger to deal with the insurance company after a motorcycle accident. An experienced motorcycle accident lawyer in Charlotte, NC, can review all settlement offers and negotiate to secure fair compensation for your losses.

Filing a Personal Injury Lawsuit

You can file a lawsuit against the party responsible for your accident in some cases. Filing a lawsuit requires going through the court system, and your lawyer may only take this step if the insurance company refuses to negotiate. You can get legal counsel about the options available to handle your claim from our experienced attorneys.

Types of Damages Available Following a Motorcycle Crash in Charlotte

Personal injury attorneys can help you secure payment for all of your losses after a motorcycle collision. You may qualify for funds to pay for your compensatory damages, including economic and non-economic losses. Our attorneys at Auger & Auger can help determine which damages you can pursue. 

Medical Expenses

Motorcycle riders often sustain catastrophic injuries in collisions. You may need emergency medical care for spinal cord injuries (SCIs), traumatic brain injuries (TBIs), broken bones, paralysis, and other severe injuries.

The liable party may need to pay for your current and future healthcare expenses.

Lost Pay

You may miss time at your job while healing from a motorcycle collision. The at-fault party may need to cover your lost wages. If your accident causes a disability, you could also recover compensation for your reduced earning potential.

Pain and Suffering

An experienced motorcycle accident attorney serving Charlotte can help you secure fair payment for the non-economic effects of a motorcycle accident. For example, you may qualify for compensation for your:

• Emotional distress
• Mental anguish
• Physical pain that stops you from enjoying your life
• Loss of companionship and consortium

An attorney can push the negligent party into providing maximum compensation for these non-economic damages.

Property Repairs

You may receive financial compensation for any property damage caused by the at-fault driver. The liable party may even need to cover the costs of repairing your motorcycle after an accident.

Additional Damages

There are a variety of other damages that may apply depending on the specifics of your case, including compensation for necessary modifications to your home or vehicle to accommodate a disability, wrongful death damages, and punitive damages. Your attorney can help identify all the available damages so you can recover the full value of your claim.

How the Insurance Company Attempts to Assign Fault to Injured Riders

The insurance company may try to pass the blame to you after a motorcycle accident to avoid paying out your claim. Insurers will make various arguments based on the circumstances of your case to attempt to shift part of the blame to you.

You Failed to Make Yourself Visible

Many motorcycle accidents happen because cars turn or pull out in front of the bike. In fact, this is one of the most common accidents we see. Sometimes, the vehicle driver is distracted, but there are also numerous cases where the driver claims they looked around but didn’t see the biker.

Bikes are smaller than cars, so this makes sense. The other driver or their insurance carrier may claim you could have done more to make yourself visible. Wearing bright colors, using reflective devices on your bike, and using your lights on gray or cloudy days are all good ideas, and you may have been doing just that.

Your attorney will work to help you prove that your efforts were sufficient and that the driver should have looked more carefully.

You Failed to Yield

A large number of accidents happen because someone fails to yield. In many motorcycle claims, the two parties disagree about just whose failure it was. Your lawyer will gather evidence and, if necessary, may assign an investigator to look for additional witnesses in the area where the accident happened.

Often, police officers responding to a crash don’t have time to do more than an initial canvass of the area and may not have the opportunity to talk with every witness. We can return to the scene and seek out people who may have been present for your accident.

You Were Speeding

As mentioned earlier, the other driver sometimes exaggerates how fast a motorcyclist was going. This exaggeration is not necessarily a conscious decision but could happen due to unconscious bias.

Either way, it can be a problem if there aren’t other witnesses or evidence of your actual speed. In addition to seeking out other witnesses, your attorney may look into alternative options to prove that you weren’t speeding.

You Engaged in Risky Behavior

Sometimes, the driver or their insurer may say that you cut them off, split lanes, or were riding in their blind spot. These things happen, and they are dangerous–but most bikers are aware of the danger and aren’t taking excessive risks.

If your lawyer can find no witnesses, they may seek out any available video evidence. Traffic cameras are one option, but if your crash happened in a rural area outside the city, there may not be any in place.

In some situations, an investigator may be able to track down footage from a bystander or a doorbell camera.

Charlotte Car Accident Legal Quick-Facts

Charlotte Motorcycle Accident FAQs

What If I Am Partially At Fault for the Motorcycle Accident?

After a motorcycle accident, the other party’s insurance provider will likely try to put some of the blame for the crash onto you. If they can do so successfully, they will have a legal reason not to pay your claim. North Carolina uses a strict contributory negligence standard when assessing fault after an accident. 

If the insurance company can prove you were even 1% at fault, they don’t have to pay anything. Fault can be shared in many other states with injury victims able to pursue compensation as long as they were not the primarily responsible party, and in some states, compensation can be pursued as long as you weren’t solely responsible.

However, there is no sharing of fault in contributory negligence states. Because North Carolina follows contributory negligence, even a small finding of fault can prevent recovery in most cases.

However, there are limited exceptions, such as the “last clear chance” doctrine, which may still allow for recovery. An attorney can help show how you were not at fault for the crash and your resulting injuries.

What if I Wasn’t Wearing a Motorcycle Helmet?

Even if you were not to blame for the crash, you could be barred from pursuing damages if it is determined that you were partially responsible for your injuries.

North Carolina law requires all motorcycle riders and passengers to wear helmets. If you fail to follow these laws and suffer an injury that could have potentially been prevented had you been wearing a helmet, you may lose your right to pursue compensation for these damages under the state’s contributory negligence laws.

How Long Do I Have to File a Motorcycle Collision Claim in North Carolina?

You need to file your motorcycle accident claim before North Carolina’s personal injury statute of limitations expires. Generally, under G.S. § 1-52(5), you have three years to seek payment for your losses, with the countdown starting from the date of your accident.

Our team at Auger & Auger can promptly begin the legal process, helping to ensure you never have to worry about approaching deadlines.

We do everything possible to expedite the completion of your claim, reducing the time you have to wait to receive fair compensation for your losses.

What Are the Frequent Causes of Motorcycle Accidents in Charlotte?

Riding a motorcycle is risky. Bikers and their passengers lack the physical protection of an automobile. They are especially vulnerable to road and weather conditions and may be difficult for other motorists to see. 

Common causes of motorcycle accidents include:

• Drunk drivers
• Distracted driving
• Reckless driving
• Not being seen by other motorists
• Other vehicles failing to yield the right-of-way
• Unsafe lane changes
• Actions of fellow bikers
• Hit and run
• Sideswipe

We can provide a risk-free legal consultation to discuss the specific causes of your accident.

What if You’ve Exhausted Available Insurance Policies and Still Have Unpaid Damages?

North Carolina law only requires all drivers, including motorcyclists, to carry liability limits of $30,000 per person, $60,000 per accident, and property damage of $25,000.

Unfortunately, some motorcycle accidents may lead to multiple serious injuries. If this happens, it could take you months to get back on your feet, not to mention dealing with the medical bills. Even with health insurance, you could be drowning in bills for copays or uncovered procedures.

If you run out of options for recovering compensation through insurance, you may be able to sue the other driver directly, which our Charlotte motorcycle lawyers at Auger & Auger can help with. 

When to Consider a Lawsuit

Depending on your injuries, you could be in Atrium Health Carolinas Medical Center or Novant Health Presbyterian and out of work for weeks or even months. Additionally, some people may suffer permanent damage or disability as a result of their accident or may develop chronic pain or other issues.

Brain injuries, for example, sometimes result in permanent difficulties or long-term symptoms. All of these things lead to a much higher amount of compensation than most insurance policies will pay.

In particularly severe cases, it’s possible to exhaust both the other party’s insurance and your own uninsured or underinsured motorist coverage.

Pros and Cons of a Lawsuit

If their insurance carrier has accepted responsibility and paid your claim, or we have won a judgment against them, it will be difficult for the driver to prove that you were at fault. The downside of this option is that it may not be worthwhile in every situation. If the driver has few financial assets and can’t pay your claim, it may not be worth the time and trouble of a lawsuit.

Options for Third-Party Lawsuits After a Motorcycle Accident

In other situations, there may be third parties who share the liability. For example, suppose a defective helmet or other piece of safety gear failed to perform as advertised, which made your injuries worse. In that case, you might have a claim against the manufacturer.

In other circumstances, there may be a situation where a defective motorcycle part malfunctions. If you’re unsure about your options for getting your accident-related bills paid, it’s best to consult a Charlotte motorcycle accident lawyer about the specifics of your case.

Get Help From an Experienced Motorcycle Accident Lawyer Serving Charlotte Today

Our experienced Charlotte motorcycle accident lawyers at Auger & Auger know how the insurance companies work. The sooner you contact one of our Charlotte motorcycle accident attorneys, the sooner we can conduct our own investigation to determine liability, assist you with obtaining appropriate medical attention, and locate every possible source of recovery.

We’re ready to help you take legal action, so reach out today and schedule your free, no-obligation case review.