What Damages Can I Collect for a Motorcycle Accident?

Understanding what damages you can collect for a motorcycle accident starts with looking at how seriously you were hurt and who caused the crash. What you recover depends on how badly you were hurt, who was at fault, and how the crash has affected your life. 

Our Raleigh motorcycle accident lawyer will review your losses and explain what your case is worth. We will also fight for every dollar you should receive. We know that motorcycle wrecks can leave people with serious injuries, big medical bills, and a long road to recovery. 

It’s important to know what you can recover under North Carolina law so you don’t miss out on the money you deserve. You can review your legal options for recovery during a consultation.

Types of Damages You Can Recover After a Motorcycle Crash

In a North Carolina motorcycle accident claim, damages are usually split into two main types: economic and non-economic damages.

Economic Damages

These losses have a clear dollar amount. They include financial losses, such as:

• Medical bills: Hospital stays, surgeries, follow-up care, physical therapy
• Future medical care: If you need more treatment down the road
• Lost income: If you couldn’t work while healing
• Loss of earning ability: If you can’t go back to your old job or can’t work at all
• Property damage: Repairs or replacement for your motorcycle and gear

Attorneys collect documents like medical records, bills, pay stubs, and repair estimates to show exactly how much money you’ve lost.

Non-Economic Damages

These losses don’t have a set price. While they don’t have a clear dollar amount, they are just as real, and injured crash survivors have a right to recover them. These include losses such as:

• Pain and suffering: The physical pain you’ve gone through
• Emotional distress: Trauma, anxiety, or post-traumatic stress disorder (PTSD) after the crash
• Loss of enjoyment of life: If you can’t ride, work out, or enjoy hobbies like you used to
• Scarring or disfigurement: Especially important in cases with burns or road rash

Attorneys may use your medical history, journal entries, photos, testimony from professionals, and statements from family or friends to show how the injury has affected your daily life.

Can I Get Punitive Damages?

In rare cases, injury victims receive punitive damages. The purpose of these damages is to punish the person who caused the crash if they were extremely reckless—like driving drunk or speeding dangerously. 

These are not guaranteed and are only awarded in special situations under North Carolina law. We can advise whether you can pursue these losses.

Motorcycle Accident Injuries We Commonly See

Motorcycle riders don’t have the same protection as people in cars, so even a minor crash can cause serious injuries. Some examples include:

• Broken bones
• Head injuries and concussions
• Spinal cord injuries or paralysis
• Road rash and infections
• Internal bleeding or organ damage

The more serious the injury, the more damages you may be able to collect from the party responsible for the motorcycle accident.

Does It Matter if You Were Wearing a Helmet or Not?

Whether you were wearing a helmet could matter, but it doesn’t automatically prevent you from pursuing or recovering damages. In North Carolina, the law requires motorcycle riders to wear helmets. If you weren’t wearing one at the time of the crash, the other side’s insurance company might try to use that against you. 

The insurer may say your injuries wouldn’t have been as serious if you had been wearing a helmet. However, if this happens, it doesn’t mean your case is over. What matters most is whether the other party caused the crash. 

We will push back against unfair blame and show that the crash—not the missing helmet—is what led to your injuries. If you were wearing a helmet, it could support your case by showing you were following safety precautions.

What Happens if I Was Partially At Fault for the Collision?

North Carolina follows a pure contributory negligence rule. This means if you were even 1% at fault for the crash, you can’t recover damages. The insurance company might try to use this strict rule to deny your claim. 

Working with a Raleigh personal injury lawyer from our team can help you fight your case and recover the damages you are entitled to collect to pay your expenses from the motorcycle accident. We will handle your entire case and work to prove your case against the opposing side.

We will:

• Gather evidence: Police reports, medical records, witness statements, and crash scene photos
• Challenge blame: This includes pushing back if the insurance company tries to wrongfully blame you
• Calculate your case’s damages: This can help ensure that you don’t accept a lowball offer
• Handling all paperwork: Including demand letters, court filings, and negotiations with insurers
• Filing your lawsuit for damages by the deadline: Whether you are filing a personal injury or wrongful death lawsuit, North Carolina limits your filing time. Under G.S. § 1-52, you have three years to take action with an injury lawsuit. If you are filing a wrongful death lawsuit, you generally have two years to do it, per G.S. § 1-53.
• Taking the case to trial: If the other side refuses to be fair

Motorcycle accidents change lives—but you don’t have to carry the burden by yourself. We will guide you through the process and fight to make sure you receive fair treatment and consideration as you work to recover from the crash.

What if the Motorcycle Crash Caused Fatal Injuries?

If your loved one died in a motorcycle crash, you may be able to file a wrongful death lawsuit. This is different from a personal injury claim because it allows the deceased person’s family members to recover damages, which can include:

• Their loved one’s medical expenses
• The person’s funeral and burial expenses 
• Loss of the person’s income
• Loss of their family member’s companionship, care, and support
• Other related damages

In North Carolina, the personal representative of the estate must file the lawsuit. This is usually the person named in a will or appointed by the court. During a free consultation, our wrongful death lawyers in Raleigh can explain how these actions work and how they could affect your case.

Get Answers About What Damages You Can Collect for a Motorcycle Accident

At Whitley Law Firm, we’ve spent more than 50 years helping seriously injured people across North Carolina. With over 120 years of combined experience, we understand what it takes to win tough motorcycle accident cases—and we do it with heart. 

We also return all calls within 24 hours because your peace of mind matters to us. If you or a loved one was hurt in a crash, call us today for a free consultation. 

We’ll take time to hear your story, explain your options, and fight for the damages you deserve. You don’t pay us unless we recover your damages. It starts with one call—reach out today.