New Bern Motorcycle Accident Lawyer

If you’ve been in a motorcycle accident that another driver caused, you could be facing severe injuries, expensive medical bills, and other challenges. However, you don’t have to navigate this difficult time alone. Our New Bern motorcycle accident lawyers will investigate your case, gather evidence, and fight for the compensation you deserve.

We can handle your insurance claim or lawsuit while you focus on getting the care you need. With over 120 years of combined experience, our New Bern personal injury lawyers know how to build strong claims and negotiate effectively. Let us help you get the financial recovery you need to move forward. Call Whitley Law Firm today for a free consultation.

How Our Motorcycle Crash Lawyers in New Bern Can Help You

After a motorcycle crash, your top priority should be your health and recovery. Medical treatment, rest, and rehabilitation are essential for healing. While you focus on getting better, our team will take care of the legal side of your case.

Investigate the Motorcycle Accident

We’ll investigate your crash thoroughly to identify the at-fault party and gather evidence to support your claim. This includes:

• Photos or videos of the accident scene
• Witness statements
• Police reports
• Medical records and expert testimony
• Surveillance footage (if available)

Acting quickly is necessary when preserving evidence. Contact the team at Whitley Law Firm as soon as possible so we can review your case and determine which steps to take next.

Negotiate With the Insurance Company

Insurance companies are often more concerned with protecting their profits than paying fair settlements. They may try to minimize your injuries, shift blame for the accident onto you, or pressure you into accepting a lowball offer quickly. 

Having an attorney on your side who knows how insurers work can protect your claim and protect you from being taken advantage of during the negotiation process.

Our motorcycle injury lawyers in New Bern will handle all communications and negotiations with the insurer. If the insurer refuses to offer a fair settlement, we are ready to take your case to court.

Represent You in Court if Needed

If a fair settlement cannot be reached, a motorcycle accident attorney in New Bern will take your case to court and fight for the compensation you deserve. They will gather strong evidence, present witness testimony, and build a compelling argument to prove fault and the extent of your damages.

Your lawyer will handle all legal procedures, file necessary documents, and advocate on your behalf during hearings and trial. With our experience in personal injury law, we will work to maximize your compensation while ensuring your rights are protected throughout the legal process.

Available Compensation After a Motorcycle Crash

If you choose to work with us, we’ll evaluate how the accident has affected every area of your life. This will help us negotiate with the at-fault party for a fair settlement that accounts for both your economic and non-economic losses.

Depending on your situation, you may be entitled to the following damages:

• Medical expenses, including ongoing treatment or rehabilitation
• Lost wages and reduced earning ability if your injuries prevent you from working
• Pain and suffering, including emotional trauma like post-traumatic stress disorder (PTSD) or anxiety
• Loss of enjoyment of life if your injuries affect your daily activities
• Property damage, such as motorcycle repair or replacement costs

Our New Bern catastrophic injury lawyers understand the long-term consequences of motorcycle accident injuries. We will work tirelessly to maximize your settlement so you can focus on recovery without financial stress.

Wrongful Death Damages

If someone else’s negligence caused the collision that cost the life of your beloved family member, you could get wrongful death damages. As surviving family members, you can recover all your financial losses.

Depending on your circumstances, our team may pursue the following damages: 

• Funeral and burial costs
• Cremation costs
• Loss of companionship, guidance, and support
• Loss of financial support
• Pain and suffering
• Mental anguish and emotional trauma 
• Medical bills your loved one incurred before passing

While we understand that no amount of money can truly fill the void left by the untimely death of a loved one, the compensation you receive can help you build a financially secure future for your family.

New Bern Motorcycle Accident Lawyer Near Me (800)785-5000

Understanding Liability in Your Motorcycle Accident Case

Liability in a motorcycle accident refers to legal responsibility for the crash and any resulting damages. Determining liability involves identifying which party’s negligence or actions caused the accident.

We have experience handling cases involving:

• Distracted driving (e.g., texting behind the wheel)
• Drunk or drugged driving
• Speeding and reckless driving
• Poorly maintained roads or vehicles
• Defective motorcycle parts

If you were hurt in a motorcycle crash caused by one of these factors, you can count on our motorcycle crash lawyers in New Bern, NC, to get to the bottom of your case. We’ll gather the necessary evidence to show that the at-fault party’s negligence caused your injuries. Whether it was a careless driver or a defective part manufacturer, we’ll hold them accountable.

Whether you’ve suffered a traumatic brain injury (TBI), spinal cord injury, neck injury, road rash, or another severe injury, we’ll do everything we can to hold the at-fault party responsible for your pain and losses.

Establishing Negligence

Proving liability is crucial because it directly impacts who is responsible for covering your losses. Without clear proof of fault, an injured motorcyclist may struggle to receive fair compensation from insurance companies or the at-fault party.

In many motorcycle accident cases, liability is based on negligence, which occurs when a driver fails to exercise reasonable care on the road.

To prove negligence, your New Bern motorcycle accident attorney will focus on the following key factors:

• Duty of care: Every driver has a legal obligation to follow traffic laws and operate their vehicle safely to prevent harm to others on the road, including motorcyclists.
• Breach of duty: The at-fault party failed to uphold their duty of care by acting negligently, such as speeding, running a red light, or driving while distracted.
• Causation: It must be proven that the at-fault driver’s negligence directly caused the accident and resulting injuries. This may involve using accident reports, expert analysis, and witness testimony.
• Damages: We will demonstrate the financial, physical, and emotional impact of the accident to justify the compensation you deserve.

Multiple Parties Can Be Liable in a Motorcycle Collision

Various parties can be held liable for a motorcycle collision. Fortunately, you won’t have to determine which person or entity should be held responsible for the injuries and losses caused by the crash.

We can determine who can held liable in your case, which could be any of the following:

• The driver: If another driver was speeding, distracted, impaired, or failed to follow traffic laws, they may be responsible for the accident.
• The driver’s employer: If the at-fault driver, such as a delivery driver, was working at the time, their employer may be held liable for the crash.
• A government entity: If poor road conditions, such as potholes, broken traffic signals, or missing signs, caused the accident, the local or state government agency responsible for maintaining the roads could be at fault.
• A vehicle or parts manufacturer: If a mechanical failure, such as faulty brakes, tire blowouts, or engine defects, contributed to the crash, the manufacturer of the defective part or vehicle may be held responsible.

How we handle your case partially depends on who the at-fault party is, as each scenario requires a different legal approach. If another driver was at fault, the case will focus on proving their negligence, such as distracted driving. Evidence like police reports and traffic camera footage will be used to support the claim, which is typically filed against the driver’s insurance company.

In contrast, if a defective vehicle part caused the crash, the case will involve a product liability claim. This requires proving that a faulty component, such as brakes, was responsible for the accident. We may work with experts to examine the defect, review recall records, and determine if the manufacturer, distributor, or retailer is liable.

North Carolina’s Contributory Negligence Rule

North Carolina follows a contributory negligence rule, which is one of the strictest negligence laws in the country. Under this rule, if an injured party is found to be even 1% at fault for an accident, they are completely barred from recovering any compensation from the other party.

If a motorcyclist is even slightly responsible for the crash (such as failing to signal or making a minor traffic mistake), they may not be able to recover damages. Because of this strict standard, insurance companies and at-fault parties often try to shift blame onto the injured motorcyclist to avoid paying a settlement.

Compassionate Legal Support After a Fatal Motorcycle Accident

If your loved one suffered fatal injuries in a motorcycle collision, we extend our sincerest condolences to you and your family. We understand that times like these can be incredibly painful and challenging, which is why we’re here to offer the support you need.

In North Carolina, only the deceased victim’s personal representative can file a wrongful death claim. This person is named in the decedent’s will. However, if they cannot or will not serve, the court will appoint someone else. The surviving family members will receive the wrongful death damages.

Our New Bern wrongful death lawyers provide the compassionate legal representation you need to obtain justice on behalf of your loved one. We’ll stand by your side throughout this difficult time and pursue the financial support you need to focus on mourning your loss and gathering with the people you love.

North Carolina Has a Statute of Limitations for Lawsuits

North Carolina limits the time you have to file a motorcycle accident lawsuit. Under the state’s statute of limitations for personal injury claims, you must file your lawsuit within three years from the date of your accident under G.S. § 1-52. 

If you are filing a wrongful death case, you generally have just two years, per G.S. § 1-53. If the deadline is not met, you may lose your chance to recover your losses fully.

Contact our experienced motorcycle accident attorneys as soon as possible. We will take swift action and file a suit before it’s too late.

How Much Does It Cost to Hire a Motorcycle Accident Lawyer in New Bern?

Dealing with medical bills and lost income can make hiring a lawyer feel overwhelming. Fortunately, you don’t have to worry about upfront costs with our team. We work on a contingency basis, which means you won’t pay anything unless we secure a settlement or verdict for you.

There are no hourly fees or retainers; our payment comes from a portion of your compensation. This way, you can focus on your recovery without adding financial stress to your situation. You can call us today for a free consultation to learn more about your legal options.

Motorcycle Risks Unique to New Bern, N.C.

New Bern presents its own set of challenges for motorcyclists. Riders in the area often face risks such as:

• High speeds on U.S. Highway 70
• Dangerous intersections, such as those near Glenburnie Road
• Poorly maintained rural roads in Craven County
• Increased accident risk during tourist seasons when traffic spikes

Our motorcycle attorneys in the New Bern area understand these risks and can tailor your case to reflect the specific factors that contributed to your accident.

Get Help From Our New Bern Motorcycle Attorneys 

At Whitley Law Firm, taking care of our clients is what we do best. For more than five decades, we have stood strong with families throughout North Carolina whose lives have been devastated by others’ negligence. We want to help you, too.

Contact us for a free consultation with a New Bern motorcycle accident lawyer and learn more about your legal options. We’ll meet with you to discuss your accident and answer questions you have about the process.  We offer legal representation with no upfront costs.