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A Guide to Choosing the Right Motorcycle Accident Attorney

Key Takeaways

In This Article

black motorcyle in the foreground on the beach

Whether you’re riding along the coast or winding through the Blue Ridge Mountains, North Carolina offers plenty for bikers nationwide. Sadly, accidents happen daily, often due to negligent drivers. Even with thorough preparations, a rider can suffer serious injuries if a “cager” isn’t paying attention. When a negligent motorist causes a wreck, riders may face additional bias and find it challenging to claim full compensation. That’s why selecting the right motorcycle accident lawyer is essential for recovery. Maginnis Howard’s experienced, trial-ready injury lawyers serve clients throughout the Carolinas. We handle cases of all sizes, customizing the process to the client’s needs. We won’t pressure you into settlement offers that don’t suit you, and we’ll listen carefully to your concerns about moving forward.

Frequent Motorcycle Accident Types

Anyone who has been riding for a while has experienced a dangerous situation or a close call. Even the most experienced bikers can’t always account for the negligence of other vehicle operators on the road. Studies have shown that collisions involving a car and a motorcycle are more likely to be the driver’s fault. A few crash types we see regularly and represent clients in are:

Left-Turn Collision
A T-bone collision between two cars can leave drivers and passengers with serious injuries and lasting complications. If a motorcycle is hit by a car, the risk of serious injury and fatality increases significantly. At intersections, drivers may mistakenly believe they have the right of way and fail to check for approaching motorcycles.
Rear End Collision

A rear-end collision between two cars is often considered a minor accident that results in few injuries. However, a rear-end collision between a car and a motorcycle can result in a much more serious outcome.

Sideswipes

Vehicles merging into a motorcyclist’s lane without checking can lead to sideswipe accidents. Low visibility and driver distraction can also contribute to this type of accident.

Dooring Incidents

We’ve all seen it – a driver gets out of their vehicle, flinging the door open without checking. If a car is parked on a road and an open door suddenly obstructs a biker, this can pose a serious threat.

Common Motorcycle Accident Injuries

We represent clients across the Carolinas who have suffered motorcycle accident injuries due to another person’s negligence. A few of the most common injuries we see from motorcycle accidents include:

  • Road Rash

    Bikers are all too familiar with this injury: skin hitting the road causes a friction burn that can range from superficial to full-thickness. This is a particularly common injury when you lay your bike down to avoid a more serious crash.
  • Broken Bones

    Broken ribs, legs, arms – anywhere a bone can come into contact with intense force is at risk of a severe fracture.

  • Traumatic Brain Injury

    North Carolina’s universal helmet law requires all riders, regardless of age or experience, to wear a helmet. Unfortunately, even the best protective gear cannot guarantee total safety. Traumatic brain injuries are a severe type of injury resulting from motorcycle accidents, especially when larger motor vehicles are involved.

  • Internal Injury

    Bone fractures or the force applied to the body can cause serious injuries that are invisible from the outside. It’s essential to see a medical professional after a crash to make sure you are not bleeding internally or suffering from internal tears to vital organs.

  • Amputation

    A motorcycle wreck can leave a person permanently changed. In instances where there is irreparable damage to the body, a doctor can recommend amputating the extremity completely to allow the rest of the body to heal.

  • Loss of Life

    The wrongful death of a loved one is a painful event that no family should have to endure. If you’ve lost a loved one to a negligent driver, our attorneys can help.

Damages

Healing from a motorcycle accident isn’t just physical. Seeking compensation, also known as damages, is an integral part of getting your life back. The law allows crash victims to pursue several types of damages. The first, economic damages, cover quantifiable losses such as past and future medical expenses, lost wages, loss of earning capacity, and property damage (bike repair or replacement). These are expenses that can be easily calculated. Second, the law provides for non-economic damages. This category accounts for emotional distress, pain and suffering, permanent scarring or disfigurement, and reduced quality of life. Finally, some cases are eligible for punitive damages when the defendant’s conduct was particularly negligent or willful. For example, a drunk driver who causes a biker’s death after already having received 3 or 4 DUIs in the past. It’s rare to pursue these in a case, but we have successfully obtained significant settlements in this category.

Proving Your Case

In any motor vehicle accident, you will want to file a compensation claim, and it is rarely easy to get insurers to pay what they owe. To successfully recover what you are owed, you will need to prove that another driver or entity acted negligently to cause the wreck. Once you have established who is liable, an insurer can decide what your claim is worth and compare that to the available coverage. This can be a time-consuming and stressful process for those unfamiliar with the legal process and recovering from a traumatic event. That’s why it is crucial to consult with a motorcycle accident attorney to make sure you are getting what you need.

How an Attorney Can Help

Hiring a motorcycle accident attorney is the best way to move forward with a claim. Not only will you have experienced representation on your side, but you will also be able to focus on your recovery rather than fighting the insurance companies. A personal injury lawyer will address crucial steps in the case, such as:

  • Gather evidence to prove another person’s negligence.
  • Work with experts like a crash reconstructionist and medical professionals.
  • Communicate with insurance companies and negotiate on your behalf.
  • If necessary, take your case to trial.

Rather than taking on the burden on your own, a personal injury lawyer can do some of the heavy lifting and improve your chances of getting a fair settlement.

Contributory Negligence

Another major roadblock to recovery in North Carolina is the state’s archaic “contributory negligence” rule. This rule maintains that if you were even 1% at fault for the accident, you are barred from recovering compensation. It puts a lot of pressure on collision victims and gives insurers a way out of paying claims. Our attorneys are well-versed in this law and will do what they need to to prove your case despite whatever contributing factor they will try to claim.

Hiring a Lawyer

Choosing a motorcycle accident attorney means finding someone who understands motorcycle laws, because these cases often involve unique liability issues, severe injuries, and insurance companies eager to minimize payouts. The right lawyer will have a proven track record representing bikers, communicate clearly about your options, and offer a contingency fee structure so you don’t pay unless they win. It’s also worth prioritizing an attorney who takes the time to understand your story, investigates thoroughly, and is prepared to negotiate or litigate aggressively to protect your rights after a crash. While these qualities are essential in any motorcycle accident attorney, they’re also the foundation of how our firm represents riders — here’s what sets us apart.

Why Choose Maginnis Howard?

  • Commitment to the Biker Community

    Maginnis Howard is a sponsor of the largest online biker community, Support Bikers, and actively engages with members. Join today on Facebook, where you can find location-based groups, ride with others, or apply for the Wrecked Rider fund to provide interim funds after an accident.
  • Fee Transparency & Free Consultations

    Our firm offers free consultations to all potential clients and handles all personal injury cases on a contingency basis. That means we do not charge you anything up front and only take a fee if we recover compensation on your behalf. You will not be blindsided by hidden costs. Your legal team will explain what is necessary to prove your case and walk you through a breakdown of a settlement or verdict.

  • Consistent Communication

    Our dedicated legal staff has decades of experience working with clients experiencing some of the most challenging times in their lives. Whether you are recovering from an injury or grieving the loss of a loved one, you deserve to know what is going on with your case and have a supportive team with you.

  • Local Expertise

    Personal injury cases vary by location. Even from city to city, you might find different local rules. With three offices across the state, we have attorneys in every region who know the local community and its laws.

  • Personalized Representation

    We prioritize our clients’ wishes. While always ready for trial, we consider what’s best for you. Sometimes, minor injuries or limited coverage mean you may recover more without an attorney. Some attorneys focus on their “cut”, but for us, getting you what you deserve is most important. If this applies, your attorney will explain your options and follow your lead.

  • Never a Number

    Some firms focus on getting cases settled fast, rather than getting the best result. Our legal staff takes your case personally- and you’ll never be a number.

Contact Us

Choosing the right attorney for your injury case can significantly impact your experience. Maginnis Howard’s personal injury lawyers are dedicated to serving the community and offer personalized representation to every client. Unlike some large national firms that treat cases as mere numbers, our team focuses on your individual needs. You can trust that we prioritize your best interests.

If another person’s negligence has injured you or a loved one, contact us today for a free consultation. Our experienced legal team will review your case, and if we take it, we operate on a contingency basis—meaning you owe nothing until we secure compensation for you. Visit our contact page to learn more about our offices in Raleigh, Charlotte, and Fayetteville. Maginnis Howard serves clients across the Carolinas in cases of all sizes.

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Recent Posts

Our Motorcycle Accident Case Results

This list is an example of our proven record of fighting for our motorcycle injury clients.
We accept cases of all sizes across the Carolinas.

$5,500,000
Settlement for the son of a female biker killed by a drunk driver.
$725,000
Settlement recovered for injured North Carolinia motorcyclist.
$375,000
Recovery for motorcyclists hit by an oncoming car, resulting in them sustaining fractures, abrasions, and contusions.
$300,000
Maximum compensation under policy limits for a client injured in a motorcycle accident in Cumberland Co. resulting in head, face, arm and legal injuries.
$200,000
Limits of insurance coverage obtained for Fayetteville motorcycle accident client who suffered traumatic brain injury.
$83,000
Recovered for a Smithfield Foods employee injured going to work in a tractor-trailer accident.