North Carolina Motorcycle Accident Law

How can a lawyer help me after a motorcyle accident? Our job is to level the playing field. If you're in an accident the insurance company is the actual party that will immediately begin an investigation, and they will be looking for some way to show that you may have been partially at fault. In North Carolina we have the contributory negligent rule, which means if a motorcycle driver is even 1% at fault, and they can prove that, then they don't have to pay you anything - even if their driver is 99% at fault. One misstatement by you…

https://www.youtube.com/watch?v=sKM6pb7_kaQ The general answer is yes. However, there can be complications. A brief review of the law and how it helps motorcyclist, even if not wearing a helmet while riding their bike.   North Carolina’s Motorcycle Helmet Law   North Carolina law requires all motorcycle riders and passengers to wear helmets that comply with Federal Motor Vehicle Safety Standard (FMVSS) 218. This law is in place to ensure the safety of riders and reduce the risk of severe head injuries in an accident.  The Legal Implications of Injuries From Not Wearing a Helmet     In some states, a biker or their passenger can…

Do I have a case if I was in a no-contact accident due to a car forcing my motorcycle off the road? Depending on the circumstances, yes, you could potentially have a case in this situation. First, let’s take a look at how no-contact accidents transpire, then we’ll discuss the challenges of proving your case. Sometimes motorcycle accidents occur when a bike goes off the road and crashes, often into a stationary object like a tree or fence. On the surface, this may appear to be a single-vehicle accident - a term for a wreck that happens when the driver…

How are motorcycle accident claims different from car accident claims? Motorcycle claims have many things in common with car accident claims, but there are several significant differences as well. It’s important to understand the additional concerns before filing an insurance claim for your motorcycle accident, so you can be prepared for potential issues. First, we’ll discuss the differences, then we’ll look at ways to improve your chances of receiving a fair settlement from the insurance company.   Difference #1: You’re More Likely To Get Hurt - Seriously Unfortunately, riding a motorcycle carries a higher risk of injury than riding in…

Can I sue after a motorcycle accident? For many people, riding their motorcycle through the North Carolina scenery can be a freeing and stress-relieving experience. Unfortunately, sometimes the joy of the ride can be shattered by an accident, and if this happens, you could be seriously hurt. In fact, if you’re in a motorcycle accident, you have about an 80 percent chance of injury or death versus only 20 percent if you’re in a car crash. This is mostly due to the additional safety features found in cars, including seatbelts, airbags, and the larger vehicle’s strong metal frame. As a…

How can I ensure I will be able to cover the cost of my recovery from severe injuries from a motorcycle accident? Motorcycle accident injuries can be devastating, both physically and mentally. There are some steps you can take to reduce the 80% chance of injury or death in the event of a motorcycle accident in North Carolina, like riding carefully and wearing a helmet. (Helmets reduce the risk of death by about 37 percent.) However, serious injuries can still occur. You may spend time in the hospital, requiring surgery, medication, physical therapy, or some combination of the above. Medical…

How often are motorcycle accidents fatal? According to NHTSA data from 2019, 34% of motorcycle accidents are fatal. This translates to 5,014 motorcycle fatalities that year, with another 84,000 injuries. For the vehicle miles traveled in 2019, motorcycle fatalities were nearly 29 times more common than passenger car fatalities. In a motorcycle crash, there is an 80 percent chance of injury or death (426 per 100,000 vehicle miles traveled), versus only 20 percent for passenger vehicles. What Does This Data Mean? Although motorcycles are more likely to be involved in accidents than closed vehicles, this doesn’t account for the large…

What is the number one cause of motorcycle accidents? There are many contributing factors in motorcycle accidents, which are very common. Unfortunately, they are also very deadly. In 2019, motorcycles were about 3 percent of registered vehicles in the US, but about 14 percent of all traffic deaths were attributed to crashes involving motorcycles. Another 84,000 motorcycle riders were hurt in bike crashes that same year. This overrepresentation of motorcycles in fatal crashes is likely due to motorcycles lacking some of the protective features of passenger vehicles. Often motorcycle drivers are not the cause of the accident, and motorcycle riders…

I was a passenger involved in a motorcycle accident. What do I do next? Being involved in any kind of traffic accident can be a scary and stressful experience, especially if you or someone else involved in the accident is injured. Unfortunately motorcycle accidents have higher rates of injuries and fatalities than car crashes, with 5,014 people killed in motorcycle accidents in 2019 alone. Based on vehicle miles traveled for that year, motorcyclists were 29 times more likely to die in a crash and 4 times more likely to be injured than those riding in cars. Injuries caused by a…

Motorcycle FAQ Interview with Herb Auger What is the most common type of motorcycle accident? Motorcycle accidents happen for a number of reasons. Over the years we've had accident claims ranging from distracted drivers to excessive speed, drivers failing to yield the right of way, drivers who misjudge distance, drivers without a clear view or don't look to see the motorcyclist, and of course, drivers who may be tailgating them. Read More How can you avoid accidents on a motorcycle? Drive safely. Drive defensively. Stay on the road and avoid driving on the shoulder. When driving on curvy or hilly…

What are the damages from a motorcycle accident? Oftentimes, motorcycle accident victims have serious injuries and the question is usually not how much the case is valued at, but how much insurance is available. Assuming that amount exceeds the value of your injuries, the insurance company will evaluate your claim, the reasonableness of your treatment, the length of your treatment and we'll also give our own evaluations and work with them to try and come to a reasonable settlement without going to court. If the claim cannot be reasonably resolved, then of course we'll sit down with a client and…

What are my rights if I missed time from work due to a motorcycle wreck? Your employer can let you go. They can fire you if you don't show up for work. They are under no obligation to keep you if you're in a motorcycle accident unrelated to your job - though if you were on the job that's different. However, if you miss time from work due to an auto accident and you receive a note from your doctor writing you out of work for that time period, you could file a claim against the insurance company of the…

How do I recover from a motorcycle accident? Well, not everyone has health insurance. Health insurance is not mandatory in North Carolina on your vehicle. Some states have “no-fault.” If you're in a wreck, no matter whose fault it is, that vehicle has health insurance to pay your medical bills. North Carolina does not have no-fault, they have medical payment coverage, which is usually $1,000.00 or $2,000.00 (if a client has that coverage) but it only pays your bills up to that amount. And, a lot of insurance companies will not write medical payment coverages on motorcycle policies. So health…

Who is at fault in a motorcycle accident? It's no different from any other motor vehicle case - whether it's a truck, a car, or a motorcycle. Following motorcycle accident law, enforcement will interview both drivers, get their versions, and the officer will probably draw a diagram of the scene and interview any witnesses. Based on the statements, he will give his opinion as to who is at fault. If the statements from the two parties are contradictory, the officer will note that he was unable to determine fault. The insurance company doesn't have to follow enforcement’s opinion, since he…

What should I do after a motorcycle accident? In any kind of vehicle or motorcycle accident, the very first thing you should do if you're hurt is seek medical attention. That's number one. Under no circumstances should you give any statements, especially to the insurance company representatives. Once you're medically stable and able, contact an experienced motorcyclist lawyer who will conduct an investigation and work with you to meet or speak with the insurance company and protect your interests. What will the insurance company do if I make a claim? There seems to be a bias against motorcycle riders. I'm…

How can you avoid accidents on a motorcycle? Drive safely. Drive defensively. Stay on the road and avoid driving on the shoulder. When driving on curvy or hilly roads, reduce your speed in order to maintain control of your bike. Stay in your lane, and remember that other vehicles might have a hard time seeing you - especially if you keep moving back and forth between lanes. Know the limits of your bike, some bikes don't handle well when making turns at high speeds. Be aware of road and weather conditions. And based upon proven statistics, avoid peak traffic times…

What is the most common type of motorcycle accident? Motorcycle accidents happen for a number of reasons. Over the years we've had accident claims ranging from distracted drivers to excessive speed, drivers failing to yield the right of way, drivers who misjudge distance, drivers without a clear view or don't look to see the motorcyclist, and of course, drivers who may be tailgating them. The most frequent cause, in my experience, is the driver of the vehicle who doesn't see the motorcycle or misjudges the speed it is going. This is usually when they make a left turn in front…