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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 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. Read More

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. Read More

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. Read More

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. Read More

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. Read More

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. Read More

How can a lawyer help me after a motorcycle 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. Read More

How long does an accident claim take?

Well, claims are not settled usually until you finish your treatment and you’ve been released from care. So generally they don’t settle until that point. Of course, if you want to take a small number and settle right away and not wait till your treatment is complete, you can do that. We don’t recommend that, and if that’s the case you are probably not even going to have a lawyer involved. Read More

Does a motorcycle accident affect my car insurance?

If you’re not at fault, your rates are not going to go up. When you are at fault your rates will go up. The police officer will note on the police report who is at fault and DMV will put that on your license. So, if you’re charged at fault for a motorcycle wreck, your rates should go up and if you’re not at fault they will not raise your rates. That’s not different than any other type of accident, whether it’s auto or truck. Read More  

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