Camp Lejeune US Marine Corp Base Water Contamination Poe Hall Affected Individuals Click Here! ×
Whitley Law Firm Injury Lawyers
  • About
    • Our Attorneys
      • Bob E. Whitley
      • Benjamin H. Whitley
      • Barrett Johnson
      • Jack Keener
      • Matthew Bissette
      • Ryan McCollum
      • Gabe Talton
      • Shelsey Hall
      • Dak Lee
    • Case Results
    • Blog
  • Practice Areas
    • Car Accident
    • Wrongful Death
    • Truck Accident
    • Workers’ Compensation
    • Construction Accident
    • Motorcycle Accident
    • Pedestrian Accident
    • Dog Bite
    • Premises Liability
    • Product Liability
      • Allergen Breast Implants
      • Hair Relaxer
      • Paragard IUD
      • Paraquat
      • Roundup
      • Talcum Powder
    • Dangerous Drugs
      • Belviq
      • Depo-Provera
      • Elmiron
      • Mounjaro/Ozempic
      • Tepezza
      • Valsartan
    • Defective Medical Devices
      • Exactech Hip Implants
      • Medtronic Insulin Pump
      • Penumbra
      • Powerport
      • Inferior Vena Cava
    • View All Practice Areas
  • Areas We Serve
    • Raleigh
    • Charlotte
    • Winston-Salem
    • Durham
    • Cary
    • Greenville
    • View All Areas We Serve
  • Community
    • Community Cares
    • In the Community
    • Free ‘Attorney on Call’ Book
    • Scholarship
  • FAQs
  • Videos
    • Testimonials
  • Contact Us
    • Free Case Evaluation
    • Careers
    • Business Opportunities
    • Free “Attorney on Call” Book
    • Press Opportunity
  • En Español
Call Now—Free & Confidential (800)785-5000
  1. Home
  2. »
  3. Blog
  4. »
  5. Proving a Driver Was At Fault for a Motorcycle Accident
On This Page
  1. Steps of Building a Motorcycle Accident Claim
  2. How a Motorcycle Accident Lawyer Can Help
  3. Contact a Motorcycle Accident Lawyer Today

Get Free Advice About
The Compensation
You Deserve

Have a case?

Proving a Driver Was At Fault for a Motorcycle Accident

Proving Liability for a Motorcycle Accident | Whitley Law Firm

Motorcyclists often have a difficult time recovering the compensation they deserve after an accident. Bias from at-fault drivers and insurers represents one of the most serious challenges to success in a motorcycle accident claim.

If you have been injured in a motorcycle accident caused by a careless driver, you have rights. Although you may be entitled to compensation, it is often necessary to prove that the motorist caused the collision before you can recover damages.

Attorneys at the Whitley Law Firm can help you overcome the obstacles in your case and pursue the compensation you deserve. Contact a motorcycle accident lawyer in Raleigh, Kinston, or New Bern today for a free consultation.

Steps of Building a Motorcycle Accident Claim

Risk-takers, daredevils, scofflaws – these are all common stereotypes motorcyclists face. Although the overwhelming majority of riders abide by the law and do everything they can to stay safe, prejudice on the part of motorists can manifest as careless and even aggressive actions.

More often than not, the negligence of a driver – not the motorcyclist – leads to an accident. There are multiple steps you can take after a motorcycle crash to prove that the driver of the other vehicle was at fault:

1. Seek Medical Attention for Your Injuries

Two scenarios typically arise involving motorcycle accident injuries:

  1. You are treated by paramedics and released at the scene. In this case, you can take additional steps to build your claim (see below).
  2. Your injuries are serious and you need to be taken to the emergency room immediately.

Nothing is more important than your health and well-being. Follow the recommendations of emergency medical personnel if they determine that your injuries require prompt intervention. If your injuries are deemed minor, you should still go to the E.R. as soon as possible after leaving the scene of the accident.

Prompt medical care creates a record of the injuries you sustain in the motorcycle accident. Thorough medical documentation helps to establish the nature and severity of the trauma you have suffered.

2. Take Pictures of the Accident Scene

Investigation after the fact can reveal a lot about how the accident occurred. However, there is no substitute for evidence that captures the scene in the immediate aftermath.

Photos are an essential piece of any accident claim. Important details to photograph include:

  • Your injuries
  • The damage to your bike, as well as your helmet and other gear
  • Damage to the other vehicle
  • Orientation of the vehicles after the accident
  • The condition of the roadway (including debris and damage caused by the accident)
  • The layout of the road or intersection
  • Traffic in the vicinity of the accident
  • Weather conditions at the scene

A picture is worth a thousand words. Photos of the motorcycle accident can be compelling evidence that shows how the negligence of the driver caused the collision.

3. Interview Witnesses

Witness testimony is also key for proving fault in a motorcycle accident. Ask anyone in the area to describe what they saw. Be sure to get their contact information as well, as you and/or your attorney may need to follow up with them as your case progresses.

Memory is a tricky thing. The further we get from an event, the more likely we are to forget and misremember key information. Witnesses are more likely to provide accurate testimony when the memory is “fresh,” which is why it is important to interview those who saw the accident as soon as possible.

4. Provide a Statement to the Police

In North Carolina, the police must be notified of any accident that results in injury, death, and/or $1,000 or more in property damage. You do have the option to report the accident at a later date (which might be the only option if you are seriously injured). However, if you are still on the scene when the police arrive, it is worth talking to the officer and providing a statement as he or she begins the investigation.

You may feel rattled in the wake of a motorcycle accident, which can make talking to the police feel intimidating. However, the information in the police report can be essential for building your claim. It is vital to get your account on record as soon as you can.

5. Secure Surveillance Footage

From private residences to commercial businesses, more and more people are installing cameras to monitor their property. When a surveillance camera is angled in a way that captures the road or intersection where your motorcycle accident occurs, the footage can be enormously valuable for proving the fault of a driver.

Hiring an attorney is crucial for taking the correct steps to obtain footage caught on a camera owned and operated by someone else. It is important to seek legal counsel quickly, as most surveillance systems only retain video for a short time.

The Whitley Advantage isn’t just one thing – it’s everything.

Contact Us Today For a FREE Confidential Case Review (800)785-5000

How a Motorcycle Accident Lawyer Can Help

Motorcyclists who are seriously injured in an accident will be unable to perform many of these steps. If this is the situation you face, establishing fault for the motorcycle accident on your own can be difficult.

An experienced attorney can promptly investigate the crash and collect evidence of the driver’s fault. In addition to taking photos, interviewing witnesses, etc., your lawyer can hire experts to reconstruct the accident. Professional reconstructions can support your claim against the motorist, especially if the case goes to trial.

Other professionals, such as experts in medicine, engineering, finance, and other fields, can provide testimony regarding fault, the seriousness of your injuries, and the damages in your claim. When combined with the evidence you and your attorney gather, expert testimony can go a long way toward proving that you are entitled to compensation from the driver of the other vehicle.

Contact a Motorcycle Accident Lawyer Today

Insurance companies are more likely to play hardball in motorcycle accident claims. Adjusters, lawyers, and other agents of the at-fault driver’s insurer often pressure injured motorcyclists to settle for less, drawing on the unfair image of motorcyclists as reckless individuals to justify their decisions.

At the Whitley Law Firm, we fight back when insurance companies offer less than your claim is worth or deny your claim unjustly. We have the experience and resources to build a strong case against any and all liable parties, and we pursue the best result on your behalf.

View Our Results

For a free consultation, please call the Whitley Law Firm at (919) 785-5000 today. Our motorcycle accident lawyers serve clients throughout North Carolina from offices in Raleigh, Kinston, and New Bern.

Learn about what makes us unique and why we are the right firm to help you.

Contact Us Today For a FREE Confidential Case Review (800)785-5000
Motorcycle Accident Blog Posts:
Motorcycle Safety 101

Motorcycle Safety 101

Anytime people are riding motorcycles, it is important that they practice general safety.  It is a well-known fact

Lane Splitting and Motorcycle Accident Liability

Lane Splitting and Motorcycle Accident Liability

According to North Carolina law, two motorcycles are allowed to share a lane, but the legality of lane splitting is

A Motorcyclist Is Legally Allowed to Run a Red Light in North Carolina

A Motorcyclist Is Legally Allowed to Run a Red Light in North Carolina

Even though many stoplights can only feel like they take an eternity, this almost is the case for some motorcyclists.

Understanding North Carolina's Dram Shop Liability Laws

Understanding North Carolina's Dram Shop Liability Laws

Most people in the state of North Carolina are aware of the fact that they can pursue compensation if they are ever

Benjamin H. Whitley

Benjamin H. Whitley

Attorney

Free Case Evaluation

To contact us by e-mail, please complete and submit the form below. Your question will be answered within 24 hours.

  • This field is for validation purposes and should be left unchanged.

Categories

  • Bicycle Accident
  • Boating
  • Brain Injury
  • Burn Injury
  • Bus Accident
  • Camp Lejeune Toxic Water Claims
  • Car Accident
  • Civil Lawsuits
  • Class Action
  • Community
  • Construction Accidents
  • COVID-19
  • Dangerous Drugs
  • Defective Products
  • Dog Bite
  • Firm News
  • In the News
  • Insurance
  • IVC Filter
  • Metal Hip Replacement
  • Motorcycle Accident
  • Naturalyte
  • News
  • Pedestrian
  • Personal Injury
  • Pharmacy Malpractice
  • Premises Liability
  • Product Liability
  • Safety
  • Slip and Fall
  • Social Security
  • Talcum Powder
  • Truck Accident
  • Uncategorized
  • Workers Compensation
  • Wrongful Death
Find Yourself a Passionate Lawyer Now!
  • Raleigh Personal Injury Lawyer
  • Kinston Personal Injury Lawyer
  • Jacksonville Personal Injury Lawyer
  • Greenville Personal Injury Lawyer
  • Greensboro Personal Injury Lawyer
  • Winston Salem Personal Injury Lawyer
  • New Bern Personal Injury Lawyer
  • Durham Personal Injury Lawyer
  • Burlington Personal Injury Lawyer
  • Chapel Hill Personal Injury Lawyer

FAQs

What Type of Damages Can Be Recovered Following a Car Accident?

What Type of Damages Can Be Recovered Following a Car Accident?

What Types of On-The-Job Illnesses are Compensable?

What Types of On-The-Job Illnesses are Compensable?

What Types of Damages are Compensable in a Wrongful Death Claim?

What Types of Damages are Compensable in a Wrongful Death Claim?

FREE Case Evaluation

To contact us by e-mail, please complete and submit the form below. Your question will be answered within 24 hours.

  • This field is for validation purposes and should be left unchanged.

Subscribe to Our Newsletter

Get our latest news and updates delivered
directly to your inbox

  • This field is for validation purposes and should be left unchanged.

Whitley Law Firm Injury Lawyers

The Whitley Law Firm believes in giving back to the communities in which we live and work.

The Whitley Law Firm BBB Business Review

Important Links

  • About us
  • Testimonials
  • Case Results
  • Community Support
  • Car Accident Lawyers
  • Workers’ Compensation Lawyers
  • Free Case Evaluation

Areas Served

  • Raleigh
  • Greenville
  • Kinston
  • Jacksonville
  • New Bern
  • Winston-Salem
  • Durham
  • Burlington
  • Cary
  • Chapel Hill
  • Fayetteville
  • Greensboro
  • Rocky Mount
  • Southern Pines
  • Wake Forest
  • Wilson

Contact Info

1000 Social St. Suite 200, Raleigh, NC 27609
Get Directions
(800)785-5000

© Copyright 2025 Whitley Law Firm Injury Lawyers.
All Rights Reserved.
Past results do not guarantee future success

  • Privacy Policy
  • Disclaimer
  • Giveaway Terms
  • Sitemap
Hennessey-Digital-Badge