Why Do Motorcyclists Get Blamed For Accidents In North Carolina?
Key Highlights
- Bias about speed and danger is why do motorcyclists get blamed for accidents in North Carolina, even if most motorcycle accidents occur due to the negligence of other auto drivers.
- Contributory negligence rules in NC mean that if the insurance can show that you were at fault for even 1% of the accident, you will not receive any compensation for your injuries.
- Insurance adjusters work very quickly by taking high-pressure recorded statements and using social media stalking to create this 1% fault to deny your claim.
- Do not trust the insurance company of the at-fault party. It is important to have your own uninsured/underinsured motorist (UM/UIM) and medical payments (med pay) coverage to protect yourself financially.
The love for riding the open road is a big part of the North Carolina way of life, from the elegant mountainous curves of the Blue Ridge Parkway to the more leisurely coastal routes of Highway 12. However, this freedom has additional risks aside from just being hurt when riding a motorcycle.
Following an accident, you can expect an immediate change in attitude from both the other driver and their insurer. This happens because of a very real prejudice against motorcyclists in North Carolina, which often leads to motorcyclists blamed for accidents, and they face an uphill battle. Our experienced motorcycle injury lawyer North Carolina at Tatum & Atkinson Law Firm understands how bias can affect a victim’s right to receive compensation through the legal system.
The first step to protecting your legal rights as a victim of motorcycle accident-related injuries is understanding the reason why do motorcyclists get blamed for accidents in North Carolina? This guide will discuss the types of motorcycle accidents in North Carolina and how they affect the type of motorcycle operator you are or can claim to be.
If you feel that someone is placing blame on you inappropriately, please contact Tatum & Atkinson Law Firm at (800) 529-0804 to receive a free consultation regarding your rights and your future.
The Core Conflict: North Carolina’s Contributory Negligence Standard
To comprehend North Carolina motorcycle accident liability, first, one must understand the strict legal doctrine of fault in North Carolina. Of all the states in the U.S., North Carolina is one of only four that continue to use NC contributory negligence motorcycle accident rules.
In the majority of states, comparative negligence allows for a victim to receive compensation even if they are partially at fault. For example, if a victim is determined to be 10% at fault, the insurance company would pay 90% of that victim’s claim. However, North Carolina is different. Under the pure contributory negligence doctrine, if a motorcyclist is determined to be even 1% at fault, they are prohibited from recovering any damages from the party responsible for the accident.
Because of this “all or nothing” system, insurance companies will do everything in their power to place blame on the motorcyclist. If they can find any evidence of an infraction or an error in judgment by the motorcyclist, they can use that information to ruin the chance of successfully resolving the motorcycle accident settlement NC on behalf of the victim.
Why Do Motorcyclists Get Blamed For Accidents In North Carolina?
Motorcyclists generally operate vehicles with more caution than any other type of operator and, therefore, have to deal with bias against them when an accident occurs. Unfortunately, biker bias in accident cases is a frequent problem when motorcyclists are involved in an accident. Potential biases are connected to:
Perception of Risk
Most jurors, as well as insurance adjusters, view riding a motorcycle as a dangerous pastime; thus, if you choose to ride a motorcycle, you have “assumed the risk” of suffering an injury.
Visibility Issues
Many drivers claim they did not observe a motorcyclist because they were inattentive; thus, defense attorneys often attempt to create or establish a basis for liability against the motorcyclist for failure to be properly visible when operating the motorcycle.
Speed Stereotypes
Many individuals perceive that all motorcyclists are reckless and speed. Even at or below the posted speed limit, witness statements often misreport the speed of motorcycles as being higher due to the sound of the engine.
NC Motorcycle Accident Statistics and Fault Determination
When we delve into the determination of motorcycle accident fault North Carolina, the statistics directly oppose the stereotype of the “crazy biker.” Annually, thousands of motorcycle crashes occur throughout the country, and the National Highway Traffic Safety Administration (NHTSA) states that many times, the crash is caused by the driver of a car/truck failing to yield to a motorcycle.
Although yearly statistics and studies fluctuate, the greatest cause of the majority of all vehicle accidents is human error. What causes 90% of motorcycle accidents is the result of the following:
- Failure to see the motorcyclist: Drivers are looking for larger forms of vehicles, such as cars and trucks, and miss smaller ones.
- Left-turn collisions: A vehicle turning left in front of an oncoming motorcycle.
- Distracted driving: Using a cell phone or any in-car distractions while driving.
- Unsafe lane changes: Drivers are not looking in the blind spot for motorcycles when changing lanes.
We utilize these statistics and accident reconstruction experts at Tatum & Atkinson Law Firm to show that the motorcyclist was the victim, and not the cause of the crash.
Understanding North Carolina Motorcycle Accident Laws
To avoid being unfairly blamed for a motorcycle accident, victims must follow North Carolina motorcycle accident laws for fair treatment; if they don’t follow them, the defendant can claim that they contributed to the accident through negligence.
The Helmet Law
In North Carolina, all motorcycle drivers must follow the law that requires them to wear a helmet that meets Federal Motor Vehicle Safety Standard (FMVSS) 218; not wearing a helmet will greatly increase liability exposure.
Lane Splitting
Lane splitting is prohibited and highly dangerous in the state of North Carolina. By performing this act, you open yourself up to being assigned 1% motorcycle accident fault North Carolina and deny yourself recovery due to this action.
Required Equipment
Legal compliance requires that your motorcycle be in good working order, with functioning mirrors, turn signals, and headlamps; should there be a malfunction of any equipment, the defense could attempt to claim contributory negligence on your part.
Endorsements
To operate a motorcycle legally in North Carolina, you need to have an M-endorsement on your driver’s license. If there is no M-endorsement on your driver’s license, you could lose your case and your ability to claim personal injury.
Your insurance company could have the “1%” fault needed to deny your motorcycle accident claims NC if you do not fulfill these criteria.
How Insurance Companies Handle Claims in NC
How do insurance companies in North Carolina handle motorcycle accident claims? The answer is aggressive, starting from the time of the accident report! They get their claims settled quickly by assigning liability to a motorcyclist in a motorcycle crash in NC. Factors contributing to motorcyclists being assigned fault in NC collisions include:
- Contact you within minutes to get a recorded conversation to obtain a confession from you about making an error regarding the accident.
- Thoroughly search your social media accounts for photos or statements about riding a motorcycle or why the accident occurred
- Attempt to downplay your injuries incurred from your motorcycle accident because “you’re on a motorcycle.”
Because of these strategies used by insurance companies in settling motorcycle insurance claims North Carolina, you should NEVER speak to any insurance adjuster regarding your claim without first speaking to our experienced attorney with these motorcycle accident claims. Our motorcycle accident lawyers can tell you what the insurance companies are attempting to do to you and provide you with protection from leading questions that may be used against you
Protect Yourself With These Insurance Options for NC Motorcyclists
Because of contributory negligence, it is crucial to be aware of the different types of insurance options for NC motorcyclists after a collision, particularly in the event of an accident with an at-fault driver. If someone else’s insurance company is responsible for paying for your injuries, relying on them could put your ability to receive compensation at risk. Here are our suggestions for the best motorcycle insurance options:
Uninsured/Underinsured Motorist Coverage (UM/UIM)
This is crucial in North Carolina. If you are hit by someone who does not have insurance or has low coverage limits, your own policy will cover your medical expenses (e.g., ER bills, etc.) and your lost wages.
Medical Payments (MedPay)
Medical payments (MedPay) are paid regardless of fault in an accident. MedPay is a great method to ensure that you get paid as your motorcycle injury lawyer in North Carolina works on your behalf to establish liability.
How Tatum & Atkinson Law Firm Can Help
When dealing with an unfair system, a devoted advocate knowledgeable about the details of North Carolina motorcycle accident liability is essential. Our experienced, veteran-owned firm has 65+ years of combined experience working on cases like yours, where we have recovered $100 million+ for victims using both aggressive trial tactics and compassionate, individualized legal support.
- Proven Multi-Million Dollar Success: Our team has won many substantial settlements, including one case that resulted in a $4 million motorcycle accident settlement, which allowed us to join the Million Dollar Advocates Forum.
- Direct Attorney Communication: You will talk to an experienced motorcycle injury lawyer in North Carolina about your case. Your attorney will provide candid, straightforward advice and develop a case strategy to fit your unique recovery goals.
- Contingency-Based Fee Structure: This means that you do not pay anything until you win. We operate on a no win, no fee basis until we win your motorcycle accident settlement in NC.
- Aggressive Investigation Tactics: We aggressively investigate all aspects of the crash and preserve evidence to build a “brick wall” defense against you being an unfairly blamed motorcycle accident victim in violation of state law.
- Free 24/7 Consultations: We offer a free consultation with clarity and confidence during this challenging time. Call (800) 529-0804 to speak with one of the members of our specialized legal team.
Don’t Let Bias Dictate Your Future
Why do motorcyclists get blamed for accidents in North Carolina? The answer typically relates to outdated ways of viewing things and a challenging legal system. However, a bias is an opinion; also, having an “insurance claim denied” does not mean the end of your road.
At Tatum & Atkinson Law Firm, we believe all North Carolina motorcycle riders have rights. You deserve a fair chance at obtaining compensation, and you should be able to rely on a law firm that will stand up to big insurance companies. Our contingency fee structure functionally assures that we are as interested in achieving an outcome in your case as you are. If you have been hurt in a motorcycle accident, don’t sit back and wait for the insurance company to build its case against you.
Reach Tatum & Atkinson Law Firm by calling (800) 529-0804 today and allowing our professional legal team to work hard to get you the motorcycle accident settlement in NC that you deserve. Call for a quick and free case evaluation.
Frequently Asked Questions – Motorcycle Accident Liability in North Carolina!
Where can I find motorcycle accident attorneys near me in North Carolina?
Our motorcycle injury lawyer in North Carolina provides legal assistance to clients across the state, including the Raleigh area and extending out to the East Coast. To speak with one of our motorcycle injury attorneys, please give us a call for a free consultation.
How North Carolina courts view motorcycle accident liability
Courts strongly apply NC contributory negligence motorcycle accident rules. Therefore, if you are found to be at fault for even 1% of the accident, recovery may be barred. This means proving the other driver is 100% responsible for the accident is critical.
What motorcycle safety courses are recommended in North Carolina to reduce accident liability?
North Carolina has a great motorcycle safety education program at the Motorcycle Safety Foundation (MSF), which we highly recommend that you take so you can become a better rider as well as gain solid proof to dispute those who associate bikers with being reckless.
How do North Carolina police determine fault in motorcycle crashes?
Officers look at the vehicle’s position, witness statements, and skid marks to compile their report, but their findings are preliminary. Our legal team performs its own independent investigation to uncover evidence and document that the responding officers may not have found.
What should I do if the insurance company calls me after my accident?
Never give an adjuster a recorded statement or acknowledge that you are at fault. Call Tatum & Atkinson Law Firm so they will properly handle all motorcycle insurance claims North Carolina so an insurance adjuster doesn’t take advantage of you.
