When a motorcycle and a car collide, the rider usually pays the higher price. The injuries are often severe, and medical bills can quickly accumulate. Meanwhile, the insurance company may begin looking for a way to blame the injured rider.
A motorcycle accident lawyer in Gastonia can investigate the crash before the insurance company limits your chance at fair compensation.
At Auger & Auger Accident and Injury Lawyers, our Gastonia personal injury lawyers have recovered over $100 million for injured people across North Carolina. We help riders understand what may affect the case from the start.
How a Motorcycle Accident Attorney Proves Fault
Fault can decide the outcome of a motorcycle accident claim in North Carolina. If the insurance company can argue that the rider was even 1% at fault, it can block recovery under the state’s contributory negligence rule.
That is why insurers look closely at what the rider did before the collision and what was said afterward. In some cases, they also rely on assumptions about motorcyclists that are not supported by the actual record.
Our Gastonia motorcycle accident attorneys can perform an early investigation to address those claims. The evidence we collect, such as witness accounts and your medical records, may help us counter an insurer’s determination of fault if they try to shift blame onto you.
Helmet Laws and Their Role in North Carolina Motorcycle Accident Cases
N.C. Gen. Stat. § 20-140.4 requires all motorcyclists and their passengers to wear helmets that meet the federal safety standards, specifically the standards of the Federal Motor Vehicle Safety Standard (FMVSS) 218. Helmets must meet specific design and safety criteria, including the retention strap being properly secured, to be considered compliant.
Wearing a helmet may reduce the risk of some injuries, particularly head and brain trauma, but it does not guarantee full protection in motorcycle crashes. Riders who follow this law are better protected, but that doesn’t mean non-compliance automatically invalidates their right to pursue financial recovery.
How Insurers May Try to Exploit Helmet Laws
Insurance companies often attempt to shift liability onto motorcyclists by arguing that the severity of a rider’s injuries was caused by non-compliance with North Carolina’s helmet law or the use of a helmet that didn’t meet FMVSS safety standards. These arguments typically aim to delay or deny financial recovery, even if the rider had no responsibility for causing the crash.
N.C. Gen. Stat. § 20-140.4 mandates helmet use and specifies that a violation of this law is not negligence per se or contributory negligence per se. Insurers may still try to introduce helmet nonuse evidence, but they must prove it was a proximate cause of some of the injuries for it to matter.
A rider who failed to wear a helmet or wore a non-compliant helmet could still prove that the accident and injuries resulted from another driver’s negligence.
Evidence We Secure for Motorcycle Cases
A motorcycle accident claim could depend on evidence that does not stay available forever. Video may be erased, vehicles may be repaired, and witnesses may become harder to reach as time passes.
Evidence used to determine how the wreck happened includes:
- Photos and video from the scene: Images from the roadway, nearby businesses, traffic cameras, or dashcams can help show vehicle positions, damage, and what happened before impact.
- Damage to the motorcycle and other vehicle: The location and pattern of the damage may help show how the collision occurred.
- Witness statements: People who saw the wreck may help explain what the driver and rider were doing before the crash.
- Medical records: Treatment records help connect the injuries to the collision and show how the wreck affected daily life.
- Phone records: In some cases, phone activity near the time of the crash can help show distraction.
The sooner those details are gathered, the easier it may be to respond to blame arguments from the insurance company.
Injuries After Motorcycle Wrecks Can Be Costly
Riders have far less protection than drivers in cars or trucks, which is one reason crashes pose significant risks for motorcyclists. Motorcycle accident victims often sustain injuries that require emergency care, follow-up treatment, rehabilitation, and extended time away from normal activities.
Some injuries improve within months, while others continue to affect movement, pain levels, sleep, and daily routines long after the crash. The full effect of the injury may not be clear in the first days after the crash.
A motorcycle crash attorney in Gastonia can assess the full effect of those injuries so the claim reflects more than the first round of treatment.
Damages in a Motorcycle Accident Claim
A motorcycle accident can affect your finances as much as your health. Medical care may continue for months, time away from work can reduce your income, and the injury may affect daily life long after the collision.
North Carolina law may allow recovery for losses tied to those injuries. Depending on the facts, damages could include:
- Medical expenses: You may seek reimbursement for emergency care, hospital bills, follow-up treatment, rehabilitation, prescriptions, and future care associated with the crash.
- Lost income: You may qualify for recovery of wages, salary, or other earnings lost while the injury kept you from working.
- Reduced earning capacity: Non-economic compensation may apply when the injury affects your ability to return to the same work or earn at the same level.
- Pain and suffering: The physical pain and day-to-day restrictions caused by the injury.
- Out-of-pocket expenses: Transportation, medical equipment, and other costs created by the injury.
A motorcycle accident claim should reflect the full effect of the wreck on your health, income, and daily life.
Filing Deadlines for Gastonia Motorcycle Accident Claims
The statute of limitations in North Carolina is usually three years for a personal injury lawsuit under N.C. Gen. Stat. § 1-52. Missing that deadline can prevent an injured rider from pursuing compensation through the courts.
Starting early gives a Gastonia motorcycle wreck lawyer more time to investigate the collision, identify important records, and prepare the claim. At the same time, the facts and other details are still easier to verify.
What to Do After a Motorcycle Crash
Your actions in the first days after a motorcycle accident can affect your case as it progresses. After returning from the hospital, taking the following steps can protect your claim:
- Keep your medical records and bills: These records help show what treatment you needed and when you received it.
- Be careful when speaking with the insurer: Early statements may affect how the insurance company evaluates fault and injuries.
- Continue following your prescribed treatment plan: Do not miss any doctor appointments or follow-ups. Communicate any developing symptoms with your doctor to document the extent of your injuries.
Our attorneys can handle the legal aspects of your case, such as negotiating with insurance companies and filing a lawsuit. Your focus should remain on your physical recovery.
Talk With Auger & Auger About a Gastonia Motorcycle Accident
Motorcycle accident cases can become difficult when the insurance company begins fighting over fault or the extent of the injuries. Our Gastonia motorcycle accident attorneys can review the facts and help you file a personal injury claim.
Our family-owned firm has served the Carolinas since 1995. With the A&A Zero Fee Guarantee™, you pay no attorney’s fee or costs unless we recover compensation for you. Contact us now to discuss your claim during a free initial consultation.
