New Clients Email:

info@carolinalaw.com

Maginnis Howard Logo

New Clients Email

info@carolinalaw.com

Personal Injury

 

Charlotte Motorcycle Accident Attorneys

According to the statistics of 2022, there were 2,869 cases of injured motorcyclists and 206 fatalities due to motorcycle accidents in North Carolina. These accidents can lead to more severe injuries in comparison to automobile accidents, even if the speed of both is similar. The victims of these accidents can suffer from a range of injuries including traumatic brain injuries (TBI), spinal cord injuries, damage to internal organs, fractures, and even death. The process of recovering from such accidents can be physically, mentally, emotionally, and financially draining.

Motorcycle accident victims deserve fair compensation from the at-fault driver, but insurance companies often try to pay the least amount possible. The experienced personal injury attorneys at Maginnis Howard are dedicated to securing the best possible settlement or verdict for you.

What Should I Do After a Motorcycle Accident?

In the event of a motorcycle accident, the first step is to call emergency services. It is crucial for everyone involved to tend to any injuries and receive medical attention. If the injuries are minor, the victim should gather contact information and as much evidence as possible. We recommend taking photographs and videos of the crash site and its surroundings as this could be helpful in court. If the victim is unable to gather information themselves or has to be taken to the hospital, they should try to request a family member to do so.

Over the next few hours, it’s important that you obtain a copy of the police report and continue to document all the details of the accident. This will help you in your case. Finally, it’s recommended that you hire an experienced personal injury attorney who can advocate on your behalf and help you get the best possible settlement.

Why Do I Need an Attorney?

Personal injury cases are often complex and challenging to navigate. The primary challenge for victims is dealing with insurance companies whose primary focus is on their profits. When it comes to motorcycle accident cases, there can be additional challenges such as harsh North Carolina laws and juries that may not be sympathetic to the victim’s plight.

Jury Bias

Insurance companies often exhibit bias when it comes to motorcycle accidents. People who don’t ride motorcycles may believe that motorcyclists are engaging in an inherently dangerous activity, and, therefore, are partially to blame for any accidents that occur. In personal injury cases that go to trial, a judge may instruct the jury to disregard any preconceived notions they may have about motorcyclists. However, it is challenging to eliminate such biases from legal proceedings.

Our Charlotte motorcycle accident attorneys will demonstrate that you took all necessary precautions to operate your motorcycle safely, including wearing a helmet and protective gear, and that the defendant’s recklessness was the true cause of the accident.

Contributory Negligence

North Carolina has a legal rule called contributory negligence, which can be quite strict. This rule can prevent victims from receiving personal injury compensation, even passengers. The defendant can argue that the victim’s negligence was partly responsible for their injuries. Under contributory negligence, the defense can use evidence proving the victim’s fault to release liability. In other words, if the accident victim is even 1% responsible for the accident, they may lose out on thousands of dollars. It can be difficult to challenge this law in court, so it is important to have a personal injury attorney who can assess the evidence and advocate on your behalf.

What Injuries Are Common in a Motorcycle Accident?

Motorcycle accidents can cause life-altering injuries, regardless if the crash is fatal. Some common injuries include:

  • Traumatic Brain Injuries (TBI) – Symptoms can be immediate or delayed but require immediate medical attention. Sudden trauma to the brain causes behavioral changes and death.
  • Spinal Cord Injuries – Damage to the spinal cord of any caliber can result in loss of sensation, chronic pain, or paralysis.
  • Fractures – The lack of protection surrounding the body means fractures are common among crash victims and survivors.
  • Internal Injuries – These injuries can be less obvious and, therefore, deadly. Examples include bleeding around the lungs and tears to the aorta, liver, spleen, kidneys, and more.

How Much Can I Get for My Injuries?

It’s important to note that there is no standard settlement or verdict in a personal injury case, especially in motorcycle accidents. The amount a victim can recover depends on various factors such as the crash details, the extent of the injuries, the availability of insurance coverage, and more. Generally, a victim can sue for compensatory damages, which is monetary compensation for their losses, and there are different types of compensatory damages that they can claim.

  • Medical Bills: Perhaps the most common form of damages, medical expenses can be a significant financial strain on the victim. Medical damages will cover the cost of the immediate treatment. Sometimes, an experienced personal injury attorney can obtain future expenses for continuing and lifelong treatment.
  • Lost Wages: Accident victims who need time off to recover from their injuries can sue for lost wages. For the more extreme cases, such as long-term disability or being forced to change careers entirely, you may be entitled to the loss of future income as a result of your injuries.
  • Pain and Suffering: Damages that compensate victims for emotional distress. These are non-economic results of an accident that leave victims with long-lasting trauma.
  • Punitive Damages: A form of compensation awarded to the victim of personal injury assessed solely to punish the defendant. These damages are uncommon, as the victim must prove the offender’s intent or willful misconduct.

Common Causes of Motorcycle Accidents

Up to 75% of motorist/motorcycle accidents are caused by drivers. The most frequent causes of accidents are both fatal and non-fatal:

  • Distracted Driving – Cars or motorcyclists who don’t give their full attention to the road reduce reaction time to unexpected events
  • Visibility – Passenger vehicles have a more difficult time seeing motorcyclists, especially if the driver is distracted
  • Right of Way Violation – Cars that do not yield properly to a motorcycle’s right of way can be much deadlier for the cyclist than for passenger vehicles
  • Speeding and Weaving – Motorcyclists operating at hazardous speeds, weaving quickly between lanes, passing cars without warning

Prevention

Motorcyclists can reduce the chance of getting injured by adhering to traffic safety guidelines, such as:

  • Preventing Drunk Driving – Alcohol-impaired riders made up 42% of single-vehicle motorcycle fatalities in 2019.
  • Becoming Properly Licensed – 31% of fatalities involved unlicensed motorcyclists.
  • Wearing a Helmet – A helmet is the most effective tool for riders against TBI and other head injuries.
  • Avoid lane-splitting – Even as a cyclist, your responsibility remains to respect the rules of the road. Therefore, it is illegal for riders to weave through lanes of traffic or change lanes without warning.

The National Highway and Transportation Safety Administration (NHTSA) found that motorcyclists are 29 times more likely to die in a crash compared to passenger vehicle occupants. Therefore, drivers should remain aware of their surroundings and be especially conscious around motorcyclists.

Motorcycle Accident Attorneys

If you have been involved in a motorcycle accident caused by someone else’s carelessness, you can seek legal assistance from an experienced attorney to file a lawsuit. Our firm’s nationally renowned injury lawyers have recovered millions in compensation for victims of negligent drivers of both private and corporate vehicles.

Our office provides free consultations for personal injury cases and charges only a contingency fee. This means you don’t pay unless we win. To schedule a meeting with one of our personal injury attorneys, visit our contact page. Our Charlotte motorcycle accident attorneys serve clients around the state and South Carolina.