If you have been injured through no fault of your own while riding your motorcycle, read on for how a North Carolina Motorcycle Accident Lawyer can help you. The Bishop Law Firm represents motorcycle accident victims in North Carolina and we do not get paid unless we win your case! Call us today for a free case review by phone at (919) 615-3095.
Motorcycles can be great fun. We love the panoramic views and fresh air they offer! But, unfortunately, riding a motorcycle can be dangerous (this is why NC has a universal helmet law). As a matter of common sense, motorcyclists have nothing to protect them from the road or other cars if an accident occurs.
NC Motorcycle Accident Statistics
In 2018, the number of deaths on motorcycles was nearly 27 times the number in cars. Also, in 2015, a study in North Carolina demonstrated that when a motorcyclist has a traumatic brain injury (TBI) it costs more to treat them than someone in a car with a TBI. It logically follows that the increased cost of treatment means greater injuries.
In 2018, there were 3,566 motorcycle accidents in NC with 176 of them being fatal and 2,806 resulting in injuries according to the NC DMV. Based on those numbers, motorcyclists have an almost 80% chance of being injured during an accident.
NC Personal Injury Law
NC is a contributory negligence state which means that the victim must not be at fault (even 1%) for their injury. Contributory negligence often results in unfair outcomes for victims, but it is the law in NC.
If a motorcycle accident victim is not at fault for the accident, they can be compensated for their accident related medical expenses, lost wages and pain & suffering. Punitive damages are rarely awarded.
You have three years to file a personal injury case in court in the NC county in which the accident occurred. Please note that filing a claim with the insurance company is not the same thing as filing a case in court.
If the motorcyclist was killed in the accident, the case becomes a wrongful death claim. Wrongful death cases have a two year time limit for filing in court.
If the injured motorcyclist was at work when injured, he/she may also have a NC Workers’ Compensation claim. NC work injury cases are governed by the North Carolina Industrial Commission under different NC laws than personal injury cases. Our firm also handles Workers’ Compensation cases for our clients.
NC Motorcycle Accident Injuries
If you are involved in a accident while riding your motorcycle, you may sustain serious injuries that require extensive medical treatment and may even need treatment in the years to come. Broken bones, dislocated joints and spinal cord injuries can take substantial time to heal. Brain injuries can leave you with confusion and disorientation for some time.
Unfortunately, in our practice, we have seen injured motorcycle riders who have sustained serious injury that results in chronic conditions from their motorcycle crash. For those who are going to be unable to work for a year or more, filing a claim for Social Security Disability in addition to having a motorcycle accident case may be the move. Read our post on NC Car Accident Injuries and Settlements for a discussion of specific injuries.
You will need time to heal, but who is going to pay for your medical care, missed time from work and any future medical care that you may need? In NC, the negligent party is responsible for reimbursing you for these losses. Actually, you should be reimbursed by the negligent party’s insurance company, but insurance companies don’t always pay claims, and when they do, they want to pay as little as possible.
Do you need a North Carolina Motorcycle Accident Lawyer?
Negotiating with the insurance company can be difficult, especially when you and your family are focused on your recovery. In addition, some insurance adjusters use delay tactics while others rush to settle cases so they don’t have to pay for future medical expenses. Usually initial offers from an adjuster are insultingly low and the insurance company may refuse to increase your settlement if you don’t have a accident lawyer.
A NC Personal Injury Attorney can gather all your medical records/bills, lost wage information, photographs, calculate your pain & suffering, investigate the circumstances/negligent driver and bring that arsenal of information to the adjuster with a demand. If the insurance company refuses to give a fair settlement, it may be necessary to pursue personal injury litigation. The choice to litigate should be discussed with a accident lawyer.
If you have been injured and need a NC Motorcycle Injury Attorney, The Bishop Law Firm can help with your case. We represent motorcycle accident injury victims in Raleigh, Cary, Durham, Fayetteville, Rocky Mount, Wilson, Smithfield, Louisburg, Chapel Hill, Roanoke Rapids and surrounding areas in North Carolina. We offer free case evaluations and do not get paid unless we win your case. Call us today at (919) 615-3095!