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Motorcycle Accident Attorney in Wilmington, North Carolina

Based on data from the Insurance Institute for Highway Safety, the federal government has estimated that in 2021, the number of motorcycle-related fatalities per mile traveled was nearly 24 times higher compared to car-related fatalities. As a personal injury attorney, I've dedicated a significant portion of my practice to understanding the challenges and risks that motorcyclists face on the road. I've seen firsthand how devastating motorcycle accidents can be, and I'm here to help you navigate the legal process should you or a loved one be involved in such an accident.

This page will provide you with comprehensive information about what steps to take after a motorcycle accident, an overview of North Carolina motorcycle laws, how to determine fault, and who's eligible to file a wrongful death claim on behalf of a loved one.

If you're seeking legal representation, don't hesitate to contact me at Robert Louis Armstrong, Personal Injury Attorney in Wilmington, North Carolina. Whether you're down the road or across the state, I'll be happy to listen to your story and advise you on your options for financial recovery. Schedule your free initial consultation today.

What to Do After a Motorcycle Accident

If you've been involved in a motorcycle accident, there are several crucial steps you need to take:

Seek medical help. Your health is paramount, and even if you don't feel immediate pain, it's essential to get a thorough medical evaluation. Hidden injuries may not manifest until later, and having a medical record from right after the accident can be instrumental in your claim.

Document everything. Collect as much evidence as possible, including photos of the accident scene, your injuries, and any damage to your motorcycle. Gather witness contact information and obtain a copy of the police report. This evidence will be invaluable when it comes to supporting your claim.

Contact insurance. It's essential to notify your insurance company about the accident. However, do not contact the at fault Insurance company without legal help as they may not fully cover the costs of your injuries and other damages. That's why it's advisable to consult with me, a personal injury attorney, before accepting any offers.

Hire a Personal Injury Attorney. As a skilled personal injury attorney with experience in motorcycle accident cases, I can provide invaluable guidance and representation. I'll protect your rights, negotiate with insurance companies on your behalf, and ensure you receive fair compensation for your injuries, medical expenses, lost wages, and other damages.

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North Carolina Motorcycle Laws

In North Carolina, several specific laws apply to motorcyclists: .

All motorcycle riders, including passengers, are required by law to wear helmets that meet federal DOT safety standards.
Motorcycles can carry passengers, as long as they're equipped with a passenger seat and footrests.
Additionally, motorcycles themselves must have proper equipment, such as working headlights, taillights, turn signals, and mirrors. It's crucial to ensure your motorcycle meets all these safety requirements to avoid potential legal issues.

It's crucial to understand these laws because if you're involved in an accident and found to be in violation of any of them, it could affect your chances of securing any financial compensation.

Determining Fault in North Carolina

North Carolina is a fault insurance state. This means that the person who causes the accident (the "at-fault party") and their insurance company are responsible for damages resulting from the accident.

However, it's important to note that North Carolina follows a unique law known as contributory negligence. Under this rule, if you're found to be even 1% at fault for the accident, you may not be eligible to recover any damages.

To establish fault in a motorcycle accident in North Carolina, you must prove that the other party was negligent. This involves demonstrating the following elements in your claim:

the other driver owed you a duty of care,

they breached that duty, and

caused your injuries as a result.

Motorcycle accidents can result in serious injuries, such as brain and head injuries, road rash, broken bones, disfigurement, spinal injuries, leg injuries, and nerve damage. It's important to hold negligent drivers accountable and fight for the full compensation you deserve.

As an experienced personal injury attorney, I can help you navigate this complex area of law and seek the maximum financial settlement you need to move forward from your accident.

Filing a Claim for a Loved One

If your loved one was injured or killed in a motorcycle accident, you might be able to file a personal injury or wrongful death claim on their behalf. This is possible in cases where the injured person cannot pursue legal action themselves due to incapacitation or death.

Generally, in North Carolina, the personal representative of the deceased's estate can file this claim. This individual is often named in the deceased's will or estate plan. If no such representative has been designated, the court may appoint one.

It's a difficult situation to be in, but as a compassionate and dedicated attorney, I'm here to help you through this challenging process. I understand how devastating it can be to lose a loved one, and while no amount of money can make up for your loss, a wrongful death claim can provide financial relief to cover medical bills, funeral costs, loss of income, and other damages.