Insurers often attempt to blame motorcyclists for accidents, using biased assumptions about reckless riding or speeding to avoid paying fair compensation. In North Carolina, if a rider is found even 1% at fault, they are barred from recovering damages.
A motorcycle accident lawyer in Huntersville can investigate how the crash occurred and counter any attempts to shift blame onto you. At Auger & Auger Accident and Injury Lawyers, we have recovered over $100 million for injured clients since 1995, maintaining a 99.5% success rate.
Call us for help from our Huntersville personal injury lawyers. With our A&A Zero Fee Guarantee™, you receive a free consultation and pay no attorney’s fee unless we win.
Motorcycle Bias Makes It Critical to Hire a Lawyer
Insurers may unfairly assign fault to an injured motorcyclist to minimize a negligent driver’s role in the crash. North Carolina applies a contributory negligence rule to accident claims, so this bias against motorcyclists poses a risk to recovering compensation.
If an insurer determines that you were even 1% at fault, they can attempt to entirely prevent you from recovering compensation. Exceptions to this law include willful or wanton conduct, such as in motorcycle crashes caused by drunk drivers. This is why hiring a lawyer is critical to your recovery.
Our motorcycle accident attorney in Huntersville addresses these arguments by showing how the crash happened. We work to demonstrate how the driver’s actions, or lack thereof, caused or contributed to your accident-related injuries.
How Motorcycle Laws in North Carolina Can Affect Your Claim for Compensation
Motorcycle accident claims hinge on the specific laws that apply to riders in North Carolina. The statutes that apply to riders can influence how insurers evaluate fault and how a case moves forward.
Helmet Requirements
N.C.G.S. § 20-140.4 states that motorcyclists and their passengers must wear safety helmets that comply with Federal Motor Vehicle Safety Standard 218. Only helmets that meet specific DOT criteria and are properly secured with a retention strap satisfy this requirement.
If the rider wasn’t wearing a helmet at the time of the accident, insurers may argue that their injuries were exacerbated by this fact. A violation is not negligence per se, or contributory negligence per se, but insurers may still argue about causation and damages depending on the injury.
The court determines whether the rider complied with motorcycle helmet laws in North Carolina based on crash reports and other documentation our attorneys can gather.
Insurance Requirements
North Carolina specifies mandatory liability insurance coverage for all registered motorcycles in N.C.G.S. § 20-309. The required minimum coverage limits are:
- $30,000 for bodily injury (per individual)
- $60,000 for bodily injury (per accident)
- $25,000 for property damage
You may also carry uninsured motorist (UM) or underinsured motorist (UIM) policies, which can provide additional recovery options if the at-fault driver has little or no insurance.
A Huntersville motorcycle crash attorney from our firm can evaluate all applicable insurance coverage before settlement discussions even begin. That way, we can pursue every possible option for financial recovery.
Lane Splitting Rules
Under N.C.G.S. § 20-146.1, every motorcyclist in North Carolina is entitled to the full use of a traffic lane. Motorcycle riders are allowed full lane use and two abreast, but are not authorized to operate between lanes and can draw citations.
Insurers are quick to cite these laws and shift blame onto riders when assigning fault. Our job is to review the crash evidence carefully and determine whether lane position affects liability in the case.
Our Huntersville motorcycle wreck attorney examines crash evidence, including police reports, photos, and eyewitness testimony, to evaluate whether these claims are accurate. Riders have equal rights to use roadways, and misrepresenting lane position to unfairly assign fault can harm a valid claim.
How Our Lawyers Approach Motorcycle Cases
We approach motorcycle cases by building the claim around the facts of the collision and the records that support liability and damages. That includes reviewing all evidence that helps explain how the accident happened.
Our team also handles communication with the insurance company from the start. This allows us to respond to fault arguments, review settlement positions, and prepare the case with litigation in mind when the insurer does not evaluate the claim fairly.
This approach helps organize the evidence and address fault issues early in the claim. While you focus on medical treatment, we focus on documenting the crash, evaluating the losses, and preparing the case for settlement negotiations or court.
Our Motorcycle Wreck Attorneys Seek Fair Recovery
A motorcycle crash claim should account for the financial effect of the injury as well as the non-economic losses that follow a long and painful recovery.
Damages may include:
- Medical expenses: The cost of hospital treatment, surgery, follow-up care, rehabilitation, and future medical needs.
- Lost wages: Income lost while the injury kept you from working.
- Reduced earning capacity: Financial loss tied to lasting work restrictions or reduced ability to earn.
- Pain and suffering: Physical pain, scarring, and other documented effects of the injury.
We prepare these damage claims with records that support the amount sought. That approach gives the insurer a clearer basis for evaluating the case.
Filing Deadlines for Motorcycle Lawsuits in North Carolina
North Carolina sets a three-year deadline for most personal injury lawsuits. Many motorcycle accident claims fall under N.C.G.S. § 1-52, which generally requires a suit to be filed within three years of the date the injury became apparent or should reasonably have become apparent.
This deadline can become an issue while treatment is still underway. Early legal review can help identify the filing deadline, preserve records, and prepare the case before time becomes a problem.
Our Huntersville Motorcycle Crash Attorneys Are Ready to Assist You
A motorcycle wreck can leave lasting physical limitations while the financial losses associated with your injuries continue to build. At Auger & Auger, our attorneys understand what is at stake when you are facing life-altering injuries.
We are here to be a dedicated representative throughout the legal process who prioritizes your best interests from start to finish.
We handle motorcycle accident cases under the A&A Zero Fee Guarantee™, so you do not pay attorney’s fees unless we recover compensation for you. Contact us to discuss your case in a free consultation.
