Motorcycle Accidents
As a motorcyclist, you have every right to use the road the same as any other person who is in or on a vehicle. However, there is less physical protection for you when another driver makes a careless mistake. In many cases, a driver’s actions can cause you or a loved one serious injury. When that happens, you have a legal right to full financial compensation for your injuries. You would need to file a claim or lawsuit to get the money you deserve. The first step in the legal process is reaching out to the motorcycle accident attorneys at the Howard Stallings Law Firm to schedule a free initial consultation with one of our motorcycle accident lawyers.
Causes of Motorcycle Accidents
A driver may make a momentary error that can change the course of a motorcyclist’s life. Whether it is due to their inattention, or sheer selfishness, drivers do not always share the road with a motorcyclist in the way that they must under the law.
Common causes of motorcycle accidents include:
The advent of the smartphone means that drivers pay even less attention behind the wheel. They may not see a motorcycle in time to avoid a serious crash.
A driver may make a turn that cuts across the left-hand lane where the motorcyclist is passing. Then, the biker may crash into the broadside of the car, causing severe injuries.
Drivers do not always see motorcyclists because they are not on eye level. A motorist may not properly check their blind spots when changing lanes, causing a sideswipe accident.
Drivers have less control of their reflexes and a reduced ability to see what is going on around them on the road when they are exceeding the speed limit. Since motorcyclists are not easy to spot, the driver may not see them.
Motorists may do things like excessive speeding and aggressively tailgating other vehicles that are considered reckless driving. Part of the reason why motorcycle accident fatalities are increasing is that reckless driving has become an epidemic in society.
Alcohol both diminishes a driver’s reflexes and affects their judgment. They are more likely to drive recklessly and less likely to see a motorcyclist when they are under the influence of alcohol or other controlled substances.
Motorcycle Accident Statistics
In recent years, motorcycle accident fatalities have increased sharply, both in North Carolina and nationally. In 2021, 202 motorcyclists lost their lives in crashes in the state.
Statistically speaking, there is little chance that a motorcyclist will emerge from an accident without some type of physical injury. Some of these injuries can be severe and life-changing. All told, in 2021, there were 3,712 accidents that involved motorcyclists. 2,847 crashes caused some type of injury for the motorcyclist, meaning that bikers were hurt in more than three-quarters of accidents.
Motorcycle Accident Damages
Motorcycle accident damages tend to be higher than those in other motor vehicle incidents. This is not an ironclad rule – it is merely a reflection of the severity of the injuries that a motorcyclist may sustain in a crash.
While you need to be focused on your medical care and healing from your injuries, our personal injury attorneys will focus on getting the amount of money that you deserve based on your injuries. The amount of your compensation depends on both of the severity of your injuries and the amount of insurance coverage available to pay for your damages. If the other driver does not have enough coverage, you may be required to file a claim against your own policy if you have underinsured motorist coverage. The motorcycle injury attorneys at the Howard Stallings Law Firm can help you navigate the claims process to maximize your recovery.
Your motorcycle accident damages may include:
- Medical expenses
- Property damage
- Lost wages
- Payment suffering
- Emotional distress
- Loss of enjoyment of life
Your motorcycle accident settlement would include both past and future harm that you would suffer because of your injuries. It is extremely difficult as a lay person to know how much your case is worth, but the motorcycle accident attorneys at the Howard Stallings Law Firm have experience in cases like yours, and we can help determine how much you should receive.
How to Obtain Compensation for Motorcycle Accident Injuries
If you have been injured in a motorcycle accident, your legal right to compensation is established when you are able to show that someone else was to blame. Then, there would be at least one insurance company involved in the picture that you would need to go through to get a settlement check. The first insurance company involved is that of the responsible driver.
There are two possible ways that you could receive compensation. The path that you choose depends on the advice of your motorcycle accident attorney and whether the insurance company is acting reasonably.
You could do the following when seeking money for your injuries:
- File a claim with the responsible driver’s Insurance company, seeking to resolve your case informally and without court intervention
- File a lawsuit against the responsible driver, which their insurance company would be obligated to defend
The prerequisite for motorcycle accident compensation is that you prove that the driver was negligent. The accident is just the starting point. You need evidence that shows what happened, and you need to be able to explain why what the driver did departed from the duty of care that they owed you. If you cannot meet your burden of proof, you would come away empty-handed without any compensation at all. Therefore, you need to leave nothing to chance when you have been injured in a motorcycle accident.
Challenges in a Motorcycle Accident Case
The primary challenge in any claim involves the insurance company. Simply stated, they will do anything within their power to either deny you compensation entirely or to minimize the amount that they have to pay you. Blaming the motorcyclist for the crash is a common tactic , even when the evidence to support that defense is questionable.
When you file a motorcycle accident claim, you may be faced with the following difficulties:
- North Carolina has a contributory negligence law that is very unfavorable to motorcyclists, as you may not receive any compensation if you are even 1% to blame for the accident. The insurance company will not hesitate to cast blame your way in any way that they can.
- The insurance company realizes the stakes of a motorcycle accident claim, and knowing that they have to pay more money may lead them to make your life more difficult
- Your injuries can be very serious, and you need to do a precise job of estimating the value of your claim to get all the money that you are owed
- The insurance company likes to add delays to the process by taking their time responding to your claim and making lower settlement offers.
These are not challenges that you are equipped to handle on your own, especially in the wake of serious accident injuries. The personal injury attorneys at the Howard Stallings Law Firm regularly take the fight to insurance companies on behalf of our clients, and we will do the same for you. We understand what is at stake for you and what you are going through, and we commit to handling your case in a diligent manner that allows you to focus on your health.
Contact a North Carolina Motorcycle Accident Attorney
When you need a determined and knowledgeable motorcycle accident lawyer, reach out to the motorcycle accident attorneys at the Howard Stallings Law Firm. We have decades of experience fighting for the rights of injured accident victims like yourself. All it takes to get started is a phone call to our personal injury attorneys, and we will review your case and explain your legal options. To schedule a free initial consultation with a lawyer, you can message us through our website, or you can call us today at 919-821-7700. We never ask you to pay any money up front, and you owe us nothing unless you recover money from your motorcycle accident.
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