What If I Was Hit By A Drunk Driver When I Was On A Motorcycle In North Carolina?
Key Highlights About What If I Was Hit By A Drunk Driver When I Was On A Motorcycle In North Carolina:
- If someone gets hit by a drunk driver on a motorcycle in North Carolina, they probably have a civil injury claim that is separate from the criminal DWI case against the driver.
- Under North Carolina’s contributory negligence statute, if the rider’s negligence is determined to be at fault for even 1% of the cause of the accident, the rider is not entitled to any recovery for damages.
- Having a DWI conviction against the person who hit you may be beneficial to your civil case; however, you must still establish your damages to recover anything.
- If you were not wearing a helmet, North Carolina law states that not wearing a helmet cannot be considered contributory negligence; nevertheless, an insurance company may still try to use this as a means to deny your claim for damages.
- Beginning on July 1, 2025, all auto policies in North Carolina will provide both UM and UIM coverage; therefore, if the at-fault party is not able to pay for your damages due to lack of insurance, you may be able to use your own UM or UIM coverage to recover your damages.
- If you have been injured due to someone else’s negligence, please call today for a free consultation. There is no fee for an attorney unless you recover something on your behalf.
What If I Was Hit By A Drunk Driver When I Was On A Motorcycle In North Carolina?
Hi! I’m Robert Tatum, an attorney with Tatum & Atkinson Law Firm in North Carolina. Since 2005, our firm, which is veteran-owned and has combined over 65 years of legal experience, has been assisting injured motorcycle riders throughout the state of North Carolina in fighting back from injuries caused by North Carolina drunk driving motorcycle accidents.
Why Motorcyclists Are so Vulnerable to Injuries from Drunk Drivers
Because you have no metal frame, no airbags, and no crumple zone in between you and a drunk driver running a red light, drifting into a lane, or turning left without looking, your life can be in jeopardy.
Statistics on Motorbike Accidents Resulting from Intoxicated Drivers in NC and the US
Of the total number of deaths caused by alcohol while in control of a motor vehicle (motorcycles, cars, trucks, etc.) in the United States in 2024, 26% of those deaths were caused by a motorcycle and a drunk driver. In North Carolina, the total percentage of deaths from alcohol-related accidents is approximately 3.5% of the total 11,000+ deaths per year as per NHTSA.Â
Risk of Fatality Following a Motorcycle Accident Caused by an Intoxicated Driver
When averaged, you have approximately a six times increased chance of dying from an alcohol-related motorcycle crash than from any other type of vehicle accident. In North Carolina, approximately 400 motorcycle deaths and over 7,600 motorcycle injuries were caused by DUI drivers in a single year. Keep in mind that all these statistics do not account for DUI accidents where the driver fled the scene of the accident.
Are You Eligible for a Motorcycle DUI Injury Case in North Carolina?
The answer to that question is you probably have a DUI motorcycle injury claim NC that will be filed against a DUI driver in North Carolina courts regardless of whether they’ve been found guilty by the state; however, if you wait too long to file your case or do not collect enough evidence to prove the drunk driver’s liability, your claim may not contain as much value as it potentially should. A skilled attorney can assist you with your personal injury claim and provide you with information related to how the North Carolina courts and insurance companies generally treat personal injury claims stemming from alcohol-related motorcycle accidents.
Does The Criminal DWI Case Pay For My Injuries?
No. Alone, it does not.
The State of North Carolina brings a criminal DWI case against the driver (the defendant) and punishes, but it does not pay the victim’s bills.
The DUI crash injury compensation is entirely separate from a DWI criminal case. You must prove the driver was negligent, that the driver’s negligence caused your injuries, and the full extent of your financial losses. A guilty plea or a conviction of DWI provides strong evidence in your civil claim, but it does not resolve or settle your claim.
Many people are unaware of the fact that your civil claim can begin while the criminal case is still pending. Delaying is usually the wrong decision – evidence disappears, cameras are overwritten, and motorcycles are repaired. Your attorney would also be monitoring the criminal case (e.g., toxicology reports, field sobriety tests, or body camera video of the DWI arrest) to strengthen your civil claim.
Who May Be Liable After A North Carolina Drunk Driving Motorcycle Crash?
Motorcycle accident liability NC does not end with the drunk driver.
Victims of a motorcycle accident caused by an impaired driver can start seeking compensation from the drunk driver’s auto insurance carrier first. North Carolina’s minimum liability limits are $50,000 for each person (up to $100,000 total per accident) as of July 1, 2025; therefore, drivers will most likely soon exhaust those limits in the event of a serious impaired driver motorcycle crash.
If the driver is either uninsured (does not have any auto insurance) or underinsured (has a policy with coverage limits too low for your injuries), you will be able to collect your own underinsured motorist/uninsured motorist Your own UM/UIM coverage. All auto insurance policies in North Carolina must include UM/UIM coverage starting July 1, 2025. This new requirement repeals the old liability offset rule and will allow injured parties to obtain compensation from their policy for any gaps between what the driver’s insurance company pays and what their medical costs are.
Dram shop liability claims against third parties can also help recover damages; for example, bars/restaurants/alcohol sellers that supplied alcohol to the drunk driver before the accident could also be liable to you, provided that you have sufficient evidence (e.g., receipts, surveillance video, and a timeline) to substantiate that the driver was served unlawfully.
How Does North Carolina’s Contributory Negligence Rule Affect Your Claim?
North Carolina has a legal landscape that is very difficult for injury victims; therefore, it is very important to obtain local professional representation as soon as possible.
The contributory fault rule will completely stop you from receiving any recovery if you are found to be only one percent responsible for the accident. North Carolina is one of the last four states using this rule. Most states are using the comparative fault rule; with any percentage of responsibility, consider yourself precluded from receiving any recovery.
In a North Carolina motorcycle accident lawsuit, Insurance companies will attempt to place the blame on the motorcycle rider for their own involvement in accidents, even when the other operator was legally intoxicated. The insurance companies’ arguments include: they were speeding; they changed lanes unsafely; they didn’t react; they didn’t have visible equipment, or any number of other excuses.
A strong motorcycle accident caused by drunk driver requires strong evidentiary documentation from the incidents data, as well as skid mark analysis, and the traffic camera showing the accident reconstructionist’s opinion, and the results of the toxicology tests. All of these documents provide evidence that is not tainted by the insurance companies’ apparent attempt to rewrite the events about the accident.
What about North Carolina’s Helmet Law?
This aspect of civil law for motorcycle accident liability is the most commonly misinterpreted component of North Carolina’s statutes of negligence; insurance companies prey on this confusion on purpose.
North Carolina has a universal helmet statute (under N.C.G.S. §20-140.4) that requires every motorcycle driver/rider to wear a DOT-compliant helmet. However, part (b) of N.C.G.S. §20-140.4 states:
“Violations of any provision of this section shall not be construed as contributing or being negligent per se in a civil action.”
So, not wearing a helmet cannot bar your claim. Instead, insurance companies argue that your injuries are worse (than if you had been wearing a helmet) and therefore reduce your motorcycle injury settlement North Carolina by asserting this as contributory negligence; however, this argument cannot be made as a result of the law prohibiting the use of helmet use as contributory negligence. An attorney who knows this area of North Carolina law will put an immediate stop to this argument before it can gain any traction.
What Compensation Can You Recover?
In North Carolina, when you have an accident from drinking and driving, your drunk driving accident damages should not only cover your current bills. When evaluating the damages you can claim in a serious North Carolina drunk driving motorcycle accident involving a motorcycle, the greatest costs often occur after the date of the accident.
Damage Category |
What It May Include |
| Emergency medical care | Ambulance, ER, surgery, imaging, hospitalization |
| Ongoing treatment | Physical therapy, follow-up surgery, and pain management |
| Future medical needs | Long-term rehab, home care, assistive devices |
| Lost income | Missed work, reduced hours, used paid leave |
| Future earning loss | Reduced career capacity, inability to return to prior work |
| Pain and suffering | Chronic pain, emotional trauma, PTSD, sleep disruption |
| Property damage | Motorcycle, riding gear, and helmet replacement |
| Punitive damages | Possible in drunk driving cases, see below |
Your motorcycle injury settlement North Carolina will be too low if your injury claim only includes current bills. The best way to determine if you have a legitimate claim is to include future costs.
Can Punitive Damages Apply?
This is where the difference comes in between a drunk driver accident compensation claim and a typical negligence claim. The punitive damages statute in North Carolina (Chapter 1D) contains a separate provision for cases involving injuries caused by an impaired driver. There are no automatic punitive damages awarded; there must be clear and convincing evidence of the existence of at least one aggravating factor. In cases where a driver chooses to operate a vehicle while impaired and causes serious or permanent injuries, it is possible to establish a claim for punitive damages, potentially providing additional recovery to the victim of the accident.
What To Do After The Crash
The actions you take during the first 72 hours of an accident will impact your injury claim for years.Â
- Get seen by a healthcare provider right away, even if you have no pain due to adrenaline; having a medical treatment record from the same day as the accident is critical to supporting your claim.
- When reporting to the police, make sure you have the report number and take photographs of the accident scene, the vehicles involved, your injuries, and your riding gear.Â
- Do not discard or attempt to fix your motorcycle, riding gear, or helmet; they are your evidence.
- Do not give a recorded statement to the drunk driver’s insurance company (they will try to call you quickly after the accident and make it sound like they’re trying to help you). They will not help you, so do not talk with them until you’ve had a chance to speak to your attorney.
- Do not sign a release of any kind; this type of document will permanently end your injury claim (even if your condition deteriorates next month).
- Documenting your recovery (keeping a daily journal of your symptoms) will help establish how much the crash has impacted your life; this type of documentation can be done by you or a family member.
Why A Local North Carolina Lawyer Matters?
A North Carolina drunk driving motorcycle accident is a local case, even though the insurance provider may be a national company.
Why is local considered more important? Because of the specific law that applies in NC:Â
- contributory negligence,Â
- Helmet law,Â
- Updated UM/UIM (definitions to comply with the new requirements posted July 2025)
- punitive damages.Â
These rules will govern your case in any Wake, Mecklenburg, Guilford, New Hanover, or Buncombe County Courts.
Why is local important?Â
The value of your settlement will be dependent upon the risk of having to go to trial to receive compensation. Insurance carriers are aware of which lawyers will file lawsuits and which will settle for less. If one has a history of successfully representing clients in the courtroom in one’s county, it sends a strong message to the insurance company.
Why else is local important?Â
Due to what can be characterized as existing motorcycle stereotypes. “He was probably speeding.” “Riding a motorcycle is automatically dangerous.” A local attorney familiar with how to try that type of case would know how to dispel the myths surrounding motorcycle accidents, showing how the person you were prior to the accident is different from who you are post-accident.
Talk to Tatum & Atkinson Law Firm Today!
If you want to know what if I was hit by a drunk driver when I was on a motorcycle in North Carolina, then know that there are certain legal protections available to you as part of your right to seek damages from the person who caused the accident. You may not realize how much compensation you can receive from your claim, especially in light of whatever offer is made very early in the process.
Call us at 800-529-0804 now and get a free consultation. The earlier we get started on your case, the more we can do to help you protect your claim.
FAQs: What If I Was Hit By A Drunk Driver When I Was On A Motorcycle In North Carolina?
Can my civil claim move forward before the criminal DWI case ends?Â
Your North Carolina motorcycle accident lawsuit has nothing to do with the criminal courts. Your attorney can start working on your civil case immediately, and collect evidence and testimony from the criminal case (i.e., blood test results, criminal guilty plea, witnesses’ statements from the police officer).
What if the driver refused a breathalyzer?Â
Refusal to submit to a blood test will result in criminal sanctions under NC’s Implied Consent Law. However, there are other non-criminal methods to establish impairment in your civil case, such as police observations, witness testimony at the accident scene, surveillance video, and blood test results.
Can a bar be liable for overserving the driver?Â
Yes. A dram shop liability claim will require specific evidence to prove that alcohol was served illegally. A dram shop claim also will require careful investigation to establish the right to pursue this type of claim, but a dram shop liability claim could provide an additional source of recovery.
Does a DUI conviction guarantee compensation?Â
No. There is strong evidence of fault for the defendant; you must still establish proof of damages, including the existence of an injury, causation, and damages to recover in your civil case. Both the civil and criminal cases are separate.
Can punitive damages apply?Â
It is possible to pursue both civil and punitive damages for injuries caused by drunk driving under Chapter 1D, provided that the facts warrant punitive damages.
