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With beautiful scenery, winding roadways, and pleasant weather, it makes sense that motorcycling is a favorite activity for many New Bern residents. However, with more motorcycle riding, unfortunately, comes more motorcycle accidents—and with motorcycle accidents can come dangerous and even deadly consequences.

Many times, a motorcycle accident is not the fault the motorcyclist, but rather is due to another party’s negligence. If you or a loved one suffered an injury in a motorcycle crash, a New Bern motorcycle accident lawyer could help. Contact an experienced personal injury attorney right away.

Liability for Motorcycle Accidents in New Bern

The liability for a motorcycle accident lies with the party who caused the accident. There are many different potential causes of motorcycle accidents, including but not limited to:

  • Harsh weather conditions
  • Roadway in disrepair
  • Failure to de-ice roadways or to put down salt in advance of bad weather
  • Aggressive driving by another driver
  • Excessive speeding
  • Collision with a negligent driver
  • Drunk or distracted driving
  • Drowsy driving

How Do Courts Determine Negligence?

Unlike most other states, North Carolina still operates under so-called strict contributory negligence law. Under this rule, personal injury victims who contribute to their injuries—even if only by a small percentage—may not seek recovery for their damages.

This means that motorcyclists in New Bern who suffer injuries at the hands of another driver may not be able to recover compensation if they played any part in causing the collision or contributing to their injuries with their own negligence. For example, the court may determine a rider is partially at-fault for their own injuries if they are not wearing a helmet when an accident occurs.

Important Motorcycle Laws

New Bern has a motorcycle helmet law in place that requires all motorcyclist to wear helmets at all times. The state may consider failure to wear a helmet while riding negligent behavior, and as a result could potentially bar a victim’s recovery in a personal injury claim.

Another New Bern motorcycle law that may come into play when determining fault is the statue that expressly allows two motorcycles to share a lane, but disallows more than two motorcycles to ride abreast at once. Lane splitting, on the other hand, is not directly addressed by North Carolina statute.

Speaking with a New Bern Motorcycle Attorney

It is important for North Carolina motorcyclists to always obey the law. However, a New Bern motorcycle accident lawyer could examine the facts of a motorcycle accident case and determine whether a rider may have an eligible personal injury claim.

Regardless of whether a victim believes they are partially at fault, it still may be important to consult with an experienced attorney who could evaluate their case. There are many instances in which fault as a court of law perceives it differs from how parties involved in a collision perceive it.

Regardless of what specific circumstances led to your motorcycle crash, a motorcycle accident attorney in New Bern could help you seek the compensation you deserve to move past the devastating accident.