Why Is It Important To Hire A Local North Carolina Lawyer For Motorcycle Accidents?
Key Highlights:
Why Is It Important To Hire A Local North Carolina Lawyer For Motorcycle Accidents?
- According to NCDOT’s Traffic Crash Facts 2023, North Carolina had 3,437 motorcycle injuries without fatalities last year, underscoring the importance of local attorneys who specialize in motorcycle-related accidents during these times of need.
- Contributory negligence applies to North Carolina’s laws regulating how much fault you have, so if you are held even 1% at fault for causing an accident, it could result in you being disqualified from recovering full awards through a lawsuit. Attorneys can identify and counter any argument as it arises to prevent it from ever being made in front of a jury.
- Local attorneys have intimate knowledge of the local court systems where they practice, the presiding judges who work there, and the traffic and insurance markets in the region where they practice. All of these factors have a significant impact on how they evaluate the circumstances surrounding your specific accident.
- The statute of limitations in North Carolina related to motorcycle accidents is 3 years from the date of the accident; however, it is critical to preserve all possible evidence before it deteriorates. Therefore, acting quickly preserves your chances to recover.
It is important to hire a North Carolina lawyer familiar with local laws, courts, and insurance when you are injured in an accident on your motorcycle due to someone else’s negligence. A skilled local personal injury lawyer for bikers can improve your chances of successfully investigating, building, and negotiating your case by leveraging their expertise on local processes and practices to provide strategic and experience-based legal representation that produces better results for you.
I’m Robert Tatum, from Tatum & Atkinson Law Firm, and we’ve been helping injured riders recover from their motorcycle accidents since 2005. We represent clients in North Carolina from Charlotte to Raleigh to Asheville, and we have over 65 years of experience working with motorcycle accident cases. We are aware of the specific laws, courts, and insurance companies that affect North Carolina motorcycle injury claims, and we will fight for you!
Benefits of Hiring a Local Motorcycle Accident Lawyer in North Carolina
A local motorcycle accident attorney in NC has an extensive understanding of the courts, state and federal court systems, insurance companies, and local legal issues.
An attorney’s familiarity with judges, evidence standards, and community factors can greatly enhance the validity of any motorcycle accident claim by providing the necessary information to support that claim.
Knowing about Local Insurers
They are acquainted with how local insurers evaluate and defend claims.
Courtroom Experience
They are knowledgeable about the patterns and practices of local judges as they relate to similar motorcycle accident claims.
Evidence Strategy
They are familiar with evidence that is likely to carry greater weight per the North Carolina Rules of Evidence.
On-Site Investigation for Evidence
They are able to gather evidence and context of an accident by visiting where it occurred.
Access to Local Witnesses
They have a better chance of locating and confirming credible witnesses who live or work near the accident site.
Knowing About Rider Prejudice
They understand common prejudices against motorcycle riders and will be able to help develop legal strategies and arguments to counteract these biases.
Supporting Arguments Based on Local Jury Expectations
They will work to develop arguments that reflect jury and local law expectations.
Understanding North Carolina Motorcycle Accident Laws
There are specific North Carolina motorcycle accident laws that are related to motorcycle accidents within the state of North Carolina. N.C.G.S. § 20-140.4 mandates that all riders wear a DOT-compliant helmet. If there is no windshield on the motorcycle, eye protection is also required. In addition, the operator of the motorcycle must possess a Class M driver’s license or endorsement and is bound by the lane-sharing laws. Defense attorneys can utilize any of the laws listed above to claim that the injured rider contributed to his/her own injury due to violating one of the statutes.
The contributory negligence theory established in North Carolina is one of the most stringent liability systems available in the U.S., therefore requiring a North Carolina motorcycle accident attorney regularly engaged in North Carolina courts to determine and understand how North Carolina’s specific rules of law work in conjunction with federal safety regulations or rules. A practitioner with general practice experience working across many legal markets does not have this expertise.
Contributory Negligence and What It Means for NC Riders
The contributory negligence standard rules in North Carolina mean that if there is a finding that the motorcycle rider has been jointly responsible (at fault) for the accident, a claimant will not be able to attempt recovery of damages, regardless of any serious injuries suffered or how negligent the other vehicle’s driver was.
Because only a small number of other states apply the same principle of contributory negligence to motorcycle riders, motorcycle accident claims filed in NC will almost always result in the insurance company investigating the circumstances surrounding the accident with a critical eye towards any possible violation of the traffic laws by the motorcycle rider.
This is why it is imperative that any motorcycle accident lawsuit in NC be prosecuted by an attorney who has properly anticipated and foreclosed all possible comparative negligence defenses through meticulous preparation.
7 Common Causes of Motorcycle Accidents in North Carolina
Motorcycle accidents in North Carolina are frequently caused by negligent driving, by unsafe behavior while driving on the highway, or by drivers simply not sharing the road with one another. Reports produced through the National Highway Traffic Safety Administration (NHTSA) and the North Carolina Department of Transportation (NCDOT) show that there are very consistent patterns of causes of motorcycle accidents; these patterns are particularly noticeable in the area of motorcyclists riding in intersections and on high-speed highways.
1. Not yielding right-of-way
Many drivers don’t see motorcycles and therefore do not yield right-of-way when there is traffic.
2. Left turn accidents
Accidents often occur at intersections due to vehicles turning left into oncoming cars and cutting off bicycles.
Distracted driving
Many drivers are distracted by cell phones or other distractions when they are driving, creating a crash-collision scenario.
DUI
Drivers who are under the influence of alcohol or drugs increase their chances of having an accident.
Speeding too fast
Vehicles that are driving fast are less likely to be able to react in time to avoid accidents.
Unsafe lane changes
Drivers who do not check their blind spots when changing lanes are at risk of a collision with a motorcycle.
Crash severity patterns
Over 75 percent of motorcycle crashes are caused by a head-on collision or side-impact collision.
How Local Attorneys Investigate Motorcycle Crashes in North Carolina
A motorcycle wreck attorney near you will go directly to the scene of the motorcycle accident to take photographs of the road conditions, look for skid marks, and find video footage from nearby businesses before it gets overwritten. They have built working relationships with other local accident reconstruction experts, local medical providers, and local law enforcement agencies.
These relationships allow attorneys to obtain police accident reports quickly and to send spoliation notices as soon as possible to preserve dash cam or intersection camera footage due to the time it takes for out-of-state attorneys to obtain such evidence.
Most Serious Injuries in Motorcycle Accidents
According to the CDC, the top injuries when riding a motorcycle are as follows:
- Traumatic brain injury
- Spinal cord injury
- Road rash
- Severe burns
- Fractured bones (femur, tibia, wrist)
- Damage to internal organs
- Loss of limb (amputation).
Based on the above, it appears that spinal cord injury and severe traumatic brain injury are the two most well-documented injuries producing the most long-lasting treatment-resistant chronic pain. These injuries may involve long-term care needs and should be fully included when calculating North Carolina motorcycle injury compensation.
Tatum & Atkinson Case Study: A Real North Carolina Motorcycle Accident Recovery
A real case history written by verified Tatum & Atkinson clients demonstrates why it’s important to use local legal representation. A motorcycle accident victim approached us after his previous attorney mishandled his case. In their own words: “I was in a pretty serious motorcycle accident, and my first attorney screwed things up. I didn’t think I would get the help I needed before the statute of limitations expired for me to file suit against the motorist who hit me. They worked diligently to resolve my injuries and made sure I received proper medical treatment.”
This paper demonstrates how Tatum & Atkinson Law Firm is consistently able to identify a pattern among their clients. The pattern we have established through our experience is that our clients were all initially represented by attorneys who had little or no local knowledge, no local connections to medical professionals, and little to no experience in representing riders injured as a result of motorcycle crash claims in North Carolina. By selecting a local firm at the outset of your case, you will prevent these issues from arising.
Compensation Available for Injured North Carolina Riders
A successful motorcycle accident lawsuit in NC may result in recovery for all past and future medical expenses, loss of earnings and earning capacity, pain and suffering, permanent disability, and loss of enjoyment of life. If a rider is killed as a direct result of a motorcycle accident, the rider’s family may recover funeral expenses and loss of companionship.
Tatum & Atkinson Law Firm has successfully recovered in excess of $100,000,000 for injured North Carolina residents and knows how to accurately calculate and document the complete lifetime value of serious motorcycle injury cases.
Dealing With Insurance Companies After a Motorcycle Crash in North Carolina
Insurance companies managing motorcycle crash claims in North Carolina will often exploit every hole or piece of data, medical or legal, to their advantage. The sooner they contact you (and often before you have even assessed your injuries), the more likely they will offer you a low “settlement.” An experienced North Carolina motorcycle injury lawyer will do three key things before you speak to any insurance provider about your claim:
- Prevents you from saying anything that could hurt your claim
- Manage all communications with insurers
- Ensure every available source of coverage for your motorcycle injury claim, liability, uninsured motorist, and medical payments is identified and pursued.
- NEVER accept a settlement until you have had it reviewed by an attorney.
What to Look for in a North Carolina Motorcycle Accident Attorney
By hiring a North Carolina motorcycle accident attorney:
- You will have direct access to an attorney
- Representation on a contingency basis
- Access to the best case strategy.
Due to their experience in the local courts, insurance company practices, and expert resources/layouts, these lawyers are able to better prove injuries and maximize compensation for their clients’ injuries.
If you or someone you love has sustained injuries from a motorcycle accident in NC, please contact Tatum & Atkinson at (800) 529-0804 to schedule a no-cost, free consultation. Since we work on a contingency fee arrangement, you will have no out-of-pocket expenses unless we recover money for you.
FAQs: Why Is It Important To Hire A Local North Carolina Lawyer For Motorcycle Accidents?
What makes motorcycle accident cases different from car accident cases?
Motorcycle riders sustain more severe injuries, face higher insurer prejudice, and have stricter evidence limitations than all other motor vehicle operators. Given that North Carolina employs a contributory negligence paradigm, obtaining documented liability evidence is a must from the time of the incident.
Can I sue after a motorcycle accident in NC?
That’s correct. If your accident resulted from someone else’s negligence on the road, you may pursue all damages arising out of that negligent action under North Carolina law. This applies to pain and suffering, lost wages, and all injuries sustained.
How long do I have to file a motorcycle accident claim in North Carolina?
The statute of limitations for motorcycle accidents in North Carolina is three years after the date of the incident per N.C.G.S. § 1-52. However, evidence loses value fast, and an attorney’s prompt involvement will help you completely protect your claim.
What evidence helps win a motorcycle accident case in NC?
Evidence used in your case may include police reports, dash camera recordings of the crash, medical records, witness statements, and accident reconstruction testimony, and you will need to document that the offending driver was negligent.
What are the common mistakes to avoid when hiring an accident attorney?
Some risks to your claim include hiring an attorney who lacks NC-specific experience; waiting too long to consult with an attorney; accepting an early settlement from an insurer; and working with a law office that does not have an established motorcycle accident client resume.
