Should I Get a Lawyer for a Motorcycle Accident in North Carolina?

A motorcycle accident can leave you dealing with serious injuries, expensive medical bills, and pushy insurance adjusters. If you or someone you love was injured in a crash, you are probably wondering whether you need a lawyer.

In most cases, the answer is yes, you should hire a lawyer for a motorcycle accident in North Carolina. Your attorney will offer help with evidence collection, insurance negotiations, and, if necessary, litigation.

The personal injury claims process can be overwhelming, especially if you are recovering from a serious accident. A Raleigh motorcycle accident lawyer can help with every aspect of your case and help you obtain a fair settlement.

Should You Get a Lawyer After a Motorcycle Accident in NC?

Yes, you should hire a lawyer after a motorcycle accident in North Carolina, especially if your case involves serious injuries, significant property damage, or disputes over fault.

An attorney can help with your case by:

• Investigating the crash: A lawyer can gather police reports, surveillance footage, witness statements, and other available evidence to strengthen your claim.
• Calculating your damages: A lawyer can assess your damages and determine the true value of your claim.
• Handling insurance companies: A lawyer can manage communications with insurance adjusters and work to negotiate a fair settlement for you.
• Taking your case to court: If settlement negotiations fail, a lawyer can file a lawsuit and represent you in court.

When Should You Contact a Motorcycle Accident Lawyer?

After a motorcycle crash, you should contact a lawyer as soon as possible. Getting legal help early on is important because:

• Witnesses’ memories can fade.
• Surveillance footage may be deleted.
• The scene of the accident can change.
• Insurance companies may try to pressure you into a quick settlement.
• Insurance adjusters may try to elicit damaging statements from you.

Even if you are unsure about whether you want to file a motorcycle accident claim, a lawyer can help you understand your legal options.

Why Motorcycle Accident Cases Are Different

Motorcycle accident cases are often more complicated than car accident cases. Some of the issues that may affect your case include:

• Severe injuries: Motorcycle riders often suffer severe injuries that require extensive medical treatment and long recovery periods.
• Bias against riders: Insurance adjusters and juries sometimes assume the rider was speeding or riding recklessly, even when the evidence does not support it.
• Complex liability issues: Motorcycle crashes can involve multiple liable parties, including negligent drivers, commercial vehicle operators, government agencies, motorcycle manufacturers, and maintenance companies.
• Higher financial losses: Serious motorcycle accidents often result in large medical bills, substantial lost wages, and permanent disabilities that affect riders’ earning capacity.
• More extensive evidence requirements: A successful motorcycle accident claim often requires accident reconstruction, expert testimony, surveillance footage, and witness testimony to establish liability and damages.

How Long Do You Have to File a Motorcycle Accident Lawsuit in North Carolina?

Per N.C.G.S. § 1-52, you typically have three years from the date of a motorcycle accident to file a personal injury lawsuit in North Carolina. If the accident resulted in a fatality, the deadline for a wrongful death claim is generally two years from the date of death.

Failing to file before the statute of limitations for motorcycle accidents in North Carolina expires can prevent you from recovering compensation. That is why it’s crucial to consult a lawyer right after your accident.

How Much Are Most Motorcycle Accident Settlements?

Motorcycle accident settlements can range from thousands to millions of dollars. Some of the factors that will dictate the value of your settlement include:

• Injury severity: Traumatic brain injuries, spinal cord damage, multiple fractures, or permanent disabilities generally lead to larger settlements.
• Medical expenses: The cost of surgeries, hospital stays, rehabilitation, medications, and future medical care can significantly increase the value of your claim.
• Lost income: If your injuries prevent you from working, your settlement may include compensation for lost wages and reduced earning capacity.
• Pain and suffering: Serious physical pain or emotional trauma may increase your compensation.
• Available insurance coverage: Settlement amounts are often limited by the at-fault driver’s insurance policy limits unless additional sources of compensation are available.
• Disputed liability: In North Carolina, contributory negligence claims can dramatically affect settlement negotiations because insurers may argue that the rider was partially at fault.

North Carolina’s Contributory Negligence Rule

North Carolina is one of the few states that still follows a pure contributory negligence rule. Under this law, you will be barred from recovering compensation if you are found to be even 1% at fault for your motorcycle accident.

After the crash, insurance companies may claim that you were speeding, lane splitting, or violating other traffic laws. A motorcycle accident lawyer can help counter these arguments by collecting evidence that proves that the other party was entirely responsible for the crash.

What Should You Do After a Motorcycle Accident?

What you do in the days after a motorcycle accident can affect both your health and your legal claim.

After a motorcycle accident, you should:

• Call 911: Report the accident and request medical assistance.
• Document the scene: Take photos of the vehicles, roadway, traffic signs, and your injuries if you are physically able.
• Exchange information: Obtain contact and insurance information from all of the drivers involved in the crash.
• Seek medical treatment: Medical records help connect your injuries to the crash.
• Avoid admitting fault: Even casual comments can be used against you later.
• Do not accept a quick settlement: Early settlement offers are often worth much less than the true value of your claim.
• Contact a motorcycle accident lawyer: Our attorneys can help you avoid mistakes that could damage your case.

Talk to a Motorcycle Accident Attorney

Legal representation can make a significant difference in the outcome of your motorcycle accident case. Working with an experienced lawyer for a motorcycle accident in North Carolina comes with many benefits. Your attorney can investigate your crash, negotiate with the insurance company, and work tirelessly to secure the compensation you are entitled to.

Schedule a free consultation with the team at Whitley Law Firm to get help with your claim. We Answer the Call.