North Carolina Wrongful Death Motorcycle Accident Lawyer

According to the National Highway Traffic Safety Administration, in 2020, there were 5,579 motorcyclists killed, 14 percent of all traffic fatalities. Motorcyclist fatalities occurred nearly 28 times more frequently than passenger car occupant fatalities in traffic crashes per vehicle miles driven.

North Carolina Wrongful Death Motorcycle Accident Lawyer

Clearly, riding motorcycles is a dangerous activity, yet many riders would not travel any other way when given the option. Some people ride for pleasure while others ride out of necessity, but no matter the reasons, motorcycle riders are exposed to all the dangers around them.

The main danger they face is other vehicles sharing the road.

The majority of motorcycle accidents are caused by people driving cars and not seeing the motorcycle until it is too late. Changing lanes, making turns across oncoming traffic, and pulling out into traffic from a side street are common causes of accidents involving motorcycles.

Motorcyclists do not have the benefit of being surrounded by a metal frame or crumple zones. They have no seatbelts or airbags.

The only safety features they have are their helmets, clothing, and their own skill and maneuverability to avoid potential accidents. Indeed, motorcyclists are at a disadvantage for safety when they come in contact with another vehicle.

Riders are, therefore, at a higher risk of severe injury or death from an accident. Anyone who has been injured in a motorcycle accident that was caused by someone else has the option to sue the at-fault driver personally for damages.

Most riders file a personal injury claim when seeking compensation for their injuries, lost wages, pain and suffering, and property damage. The best way to decide if you should sue after a motorcycle accident is to discuss your accident and claims with a personal injury lawyer.

How Can a North Carolina Wrongful Death Motorcycle Accident Attorney Help With My Case?

The lawyers at Tatum & Atkinson: The Heavy Hitters understand how tragic it is to have a family member unexpectedly torn from your life, and we fight passionately to ensure that you get everything that you are legally entitled to receive.

We hold the party at fault for your family member’s death accountable for their actions by thoroughly investigating the circumstances surrounding the accident to determine exactly what happened to cause the fatality.

Can I Sue if My Family Member Was Killed in a Motorcycle Wreck?

When someone dies due to a motorcycle accident, a family member or representative may file a lawsuit for wrongful death against the driver at fault for the accident. According to the North Carolina Statute, the claim must be filed within two years of the victim’s death, which may differ from the date of the accident.

What Is a Wrongful Death Claim?

According to North Carolina Law, a wrongful death occurs when the victim could have collected compensation for damages caused by the accident if the victim had not passed away. Therefore, a wrongful death lawsuit can be filed against the party whose negligent or intentional actions caused the crash that claimed the victim’s life.

If the victim had survived the accident and been able to file a personal injury lawsuit, a wrongful death claim is warranted.

Who May File a Wrongful Death Lawsuit in North Carolina?

The deceased’s family typically seeks compensation on the victim’s behalf. North Carolina law is specific about who can file a wrongful death claim.

The deceased’s personal representative is the only one who can file a wrongful death lawsuit. This personal representative is typically the executor of the victim’s estate.

If the victim did not leave a will naming an executor, the family may petition the court to appoint a personal representative to handle the claim. This person is typically the surviving spouse, parent, or adult child.

The lawsuit is filed for compensation on behalf of the victim’s estate and beneficiaries, who normally include the spouse and children of the deceased.

When Does a Wrongful Death Claim Have to Be Filed?

There is a limit to how long someone has to file a claim. This limit is called a statute of limitations and is a set law.

The statute of limitations for a wrongful death lawsuit in North Carolina is two years from the date of the death. Once this time has passed, a case can no longer be filed.

Please remember that it takes time to properly prepare a claim or lawsuit before it is ready to be filed.

Early consultation with an experienced wrongful death motorcycle accident lawyer is important to ensure that your case is properly prepared and filed before the statute of limitations expires. A thorough investigation of the accident and the collection of evidence take time.

There are also some exceptions to the statute that your lawyer will be able to guide you through, if applicable.

What a Motorcycle Rider’s Death Costs a North Carolina Family, and What the Law Lets You Recover

Motorcycles provide little protection when compared to passenger vehicles. As a result, motorcycle accidents on North Carolina highways and byways such as the Blue Ridge Parkway and I-40 can have very serious consequences. Family members left behind are left to deal with a range of things, including funeral expenses, loss of income, and dealing with insurance adjusters and their bias. According to North Carolina state laws, families may recover for the damages they suffer after a loved one dies; however, this requires the presentation of evidence in each area where harm occurred. 

Transporting and Returning the Rider Home

In addition to legal battles, there are immediate costs associated with the logistics of getting a person back home after a crash that occurs far from home, especially in the case of motorcycle crashes. Ground transportation usually costs between $1 and $4 per mile, while costs incurred by the funeral director and air repatriation can exceed $10,000.

Final Arrangements and Funeral Expenses

Funeral costs in North Carolina range from $8,000 and more; this is dependent on the particular area and services being performed. A typical cost of direct burial generally falls between $1,200 and $1,600. Basic cremation normally costs around $1,000.

Medical Debt from Emergency Treatment

Once a collision has taken place and the rider survives, they may eventually pass away in a trauma hospital. As the emergency care process unfolds, significant debt is incurred in the form of bills for an ambulance, surgeries, and time spent in the ICU after the crash, although family members of the deceased are not liable for covering these expenses.

Loss of Future Household Income

Death in a motorcycle accident leads to the permanent loss of the ability to earn money by the deceased. Courts consider what income the victim would have earned throughout his or her productive life, thus allowing family members to claim compensation for the lost opportunity.

Conscious Pain and Suffering

Notably, those who do not die immediately after the accident have to experience intensive pain in the process of being transported or treated in a hospital. In North Carolina, it is established that suffering leading to death can also be considered suffering caused before death and thus can be compensated.

Value of Provided Family Caregiving

In North Carolina, if the deceased person provided caregiving services at least half or more time for children, elders, or disabled family members, the judicial authorities evaluate the loss and calculate a fair compensation package. The total value of the caregiving services is calculated based on the prevailing average wage in NC at the time of death.

Loss of Companionship and Guidance

In North Carolina, the jurisdiction provides payments for the non-economic damages, such as emotional suffering, securing relatives’ compensation for the absence of the invaluable guidance, support, and protection.

Vehicle and Equipment Property Damage

Generally, accidents cause the destruction of not only the motorcycle but also the expensive riding apparel, helmets, and customized motorcycle components. You can also request the total replacement of the motorcycle plus the entire personal property that has been damaged due to the accident.

Overcoming Insurer Bias and Contributory Negligence

Insurance companies regularly take advantage of riders’ bias because of speeding or visibility and make claims on the basis of contributory negligence. This means that in North Carolina, if even 1% of a rider’s fault is proved, the compensation claim may be denied completely.

Bringing a Wrongful Death Claim Based on a Fatal Motorcycle Accident

A wrongful death claim is a type of personal injury lawsuit that the victim’s personal representative or family may file for compensation for both monetary and non-monetary damages that they have suffered.

Calculating damages is a complicated process in wrongful death cases and includes the monetary value of the care and services that the deceased person would have provided if they had not been killed.

The surviving family members may also seek compensation for any expenses they incurred from the loss, such as medical and funeral expenses and loss of the deceased’s income. The North Carolina Wrongful Death Act also provides for the inclusion of the loss of the deceased’s guidance and comfort as well as their society and companionship.

If the victim’s death was caused by intentional acts or inactions, punitive damages may also be sought to serve as a punishment for the wrongdoing.

Wrongful death cases should begin as soon as possible after the accident for the following reasons:

• So that the investigation can begin before any evidence is lost
• To allow for medical experts to be consulted
• For witnesses to be interviewed before their memories fade
• North Carolina only allows two years from the date of the victim’s death to file a wrongful death claim according to the statute of limitations

An experienced North Carolina wrongful death lawyer should be contacted right away following a motorcycle accident so that you get legal advice and know what your rights and options are. The knowledgeable attorneys at Tatum & Atkinson offer free consultations to families who have unexpectedly lost someone.

They offer aggressive legal help to make sure that you are compensated for the death of your loved one, especially if you depend on them financially and emotionally.

Contact a North Carolina Wrongful Death Motorcycle Accident Law Firm Today

The death of your loved one has been an unimaginable tragedy that nobody should have to endure. Any monetary compensation will not bring them back or ever be enough to make up for what you and your family have lost.

The most a wrongful death lawsuit can do is ease the financial burden that has been caused by the accident, and it may also bring a sense of closure when it is over.

The wrongful death motorcycle accident attorneys at Tatum & Atkinson: The Heavy Hitters know that losing someone in such a devastating way can leave your entire family feeling overwhelmed and shocked. The vulnerability of motorcyclists has led to far too many severe injuries and fatalities because of the negligence of another motorist.

Our motorcycle accident lawyers have over 65 years of combined legal experience, so we know how to handle a plethora of situations. Do not hesitate to give us a call to see how we can help.

Our motorcycle accident lawyers at Tatum & Atkinson are dedicated to getting you the best possible settlement for your case. Call (800) LAW-0804 for a free consultation.

We always treat our clients with compassion and understanding for their situations and provide our services free of charge until you get your payment. There is absolutely no risk to you, so call us as soon as possible so we can get started.

Let us handle the complex legal matters on your behalf so you can focus on what is most important: your family.