After a motorcycle accident in North Carolina, you may be dealing with serious injuries and medical bills while an insurance company looks for ways to deny your claim. You need a legal team that understands what you’re dealing with and how quickly insurance companies try to reduce or deny claims.
Auger & Auger Accident and Injury Lawyers was established after firsthand experience with serious injury. Our founding attorney, Herb Auger, and his wife were hit by a drunk driver while in law school in 1992. Herb survived serious injuries that required extensive surgeries. He dedicated our firm to helping injured victims recover compensation that makes a difference.
That background continues to guide how we handle motorcycle accident cases, with a focus on building evidence and challenging insurer bias.
Our motorcycle accident lawyers in Mooresville work to identify all applicable coverage, demonstrate negligence, and pursue compensation available under North Carolina law. Call our Mooresville personal injury lawyers today for a free initial consultation.
How Insurer Bias and North Carolina’s Contributory Negligence Rule Affect Your Case
Insurance companies assess motorcycle accident claims with a historical bias, portraying riders as reckless or careless to shift blame and reduce payouts. These tactics are especially harmful in North Carolina due to its contributory negligence rule, which bars recovery if you are found even 1% at fault for the accident.
Even minor claims of negligence, such as a rider engaging in improper passing, could allow insurers to avoid paying you a settlement. Two narrow doctrines may still allow recovery despite contributory negligence in certain circumstances. Contributory negligence does not bar recovery if the defendant’s conduct was willful or wanton.
If the other driver had the final opportunity to avoid the collision but failed to act despite having the ability to do so with reasonable care, you may also recover compensatory damages despite the state’s contributory negligence law.
Why Insurer Bias Matters
Insurers know that juries may already view riders negatively due to societal stereotypes. They will often heighten these biases using tactics like questioning your actions during the crash or insinuating you were taking unnecessary risks simply by riding a motorcycle.
These strategies aim to cast doubt on your claim and deny fair compensation. Without strong representation, you risk accepting fault unfairly and losing financial support for your medical expenses and other damages.
How Our Mooresville Motorcycle Accident Attorneys Prove Fault and Protect Your Rights
At Auger & Auger Accident and Injury Lawyers, we know how to fight back against these tactics and build a case that centers on the facts. Our Mooresville motorcycle accident lawyers:
- Investigate every detail of the accident, including traffic footage, police reports, crash reconstruction, and witness testimony.
- Challenge an insurer’s determination of fault, including unsubstantiated accusations of fault or bias against riders.
- Identify all responsible parties and applicable coverages, such as underinsured motorist policies or third-party liability.
If the other party’s negligence was especially egregious, such as in drunk driving cases, our motorcycle wreck lawyers work to demonstrate gross negligence to help you recover damages even under North Carolina’s strict contributory negligence rule.
Types of Evidence We Use to Prove Fault
Building a strong motorcycle accident case requires detailed evidence to counter insurer bias and meet North Carolina’s strict contributory negligence rule, which bars recovery if you’re even 1% at fault.
Our motorcycle accident collision lawyers in Mooresville gather and analyze a wide range of evidence to establish negligence, including:
- Accident scene photos and videos: Images of skid marks, vehicle damage, and road conditions can reconstruct the crash and identify who was at fault.
- Witness statements: Eyewitness statements provide unbiased accounts that may assist us with challenging the other party’s claims.
- Police reports: Official crash reports can reveal findings on fault, road conditions, and traffic violations, which are key elements in proving negligence.
- Vehicle damage reports: Property damage of both your motorcycle and the other party’s vehicle may reveal the crash’s impact and direction, helping to demonstrate fault.
- Medical records: Consistent medical records allow us to connect your accident to documentation of the physical, emotional, and financial toll the resulting injuries have had on your life.
- Traffic camera footage: Video evidence provides indisputable proof of what occurred.
- Expert testimony: We may use testimony from reconstruction experts and medical experts to strengthen your case.
Our Mooresville motorcycle accident lawyers leverage this evidence to challenge insurer tactics and seek fair compensation.
How Long Do You Have to File a Motorcycle Accident Lawsuit in North Carolina?
In North Carolina, the amount of time you have to file a motorcycle accident lawsuit, known as the statute of limitations, is generally three years from the date of the accident. According to N.C.G.S. § 1-52, this window applies to personal injury cases, including those involving motorcycle accidents.
If you fail to file within this time frame, you may lose your right to seek compensation for medical expenses, lost wages, and other damages. For wrongful death lawsuits resulting from a fatal motorcycle accident, the statute of limitations is shorter. Under N.C.G.S. § 1-53, you generally have two years from the date of the victim’s death to file a wrongful death lawsuit.
While filing an insurance claim may be part of the process, a lawsuit is sometimes necessary to hold negligent parties accountable or secure fair compensation when insurers refuse to negotiate reasonably. Our lawyers track your deadline while negotiating with insurance companies to preserve your right to take legal action.
Our Motorcycle Accident Attorney in Mooresville is Ready to Help You
A motorcycle accident can leave you dealing with serious injuries and mounting medical bills while an insurance company works to limit or deny your claim.
With nearly 30 years of experience and a 99.5% success rate, our team is dedicated to protecting your rights and holding negligent parties accountable. We thoroughly investigate accidents, gather key evidence, and fight back against unfair insurer tactics to pursue maximum compensation for your losses.
Our A&A Zero Fee Guarantee™ means you pay nothing upfront; we only get paid when we win your case. Contact Auger & Auger today for a free consultation. We are ready to get started and provide the compassionate, experienced legal support you deserve.
