It’s no mystery why so many people love the sense of freedom they feel when exploring North Carolina by motorcycle. Unfortunately, this freedom comes hand in hand with the risk of serious harm. Motorcycle riders are often severely injured or even killed in collisions.
North Carolina ranked fifth of all U.S. states for motorcycle accident fatalities in one recent year, according to the National Highway Traffic Safety Administration (NHTSA). Motorcyclists were also 22 times more likely to die in a crash than other drivers.
If you’ve been injured in a North Carolina motorcycle accident, you need the other driver’s insurance company to compensate you for your injuries or you may be unable to afford the treatment you need. Your ability to win compensation for your personal injury claim can depend on North Carolina traffic laws and especially on your attorney’s understanding of those laws. An attorney who thoroughly understands North Carolina traffic laws can manage the process of filing a personal injury claim for you and negotiating a substantial settlement with the insurance company.
As experienced motorcycle accident lawyers in Durham, Kreger Brodish LLP has a proven track record of success in personal injury cases. We also have the knowledge of North Carolina traffic laws needed to give you the advantage in your case. Plus, we charge no fees unless we collect compensation for you. Contact Kreger Brodish LLP today to learn more.
Key Traffic Laws Affecting Motorcycle Riders in North Carolina
Because traffic laws significantly impact motorcycle accident cases in North Carolina, it’s essential to understand how they affect motorcyclists. Key traffic laws for motorcycle riders in North Carolina include:
- Motorcyclists must follow the same traffic laws as other drivers by staying within the posted speed limit, obeying traffic signals and signs, indicating turns, and respecting all right-of-way laws.
- Motorcyclists have the right to full use of a lane. Two motorcycles can share a lane, though.
- Lane splitting, or driving a motorcycle between lanes of traffic, is not explicitly forbidden but is a controversial practice. The North Carolina Motorcyclists’ Handbook does not recommend it.
- Motorcyclists and passengers must wear DOT-approved motorcycle helmets.
- Motorcyclists can ride with passengers but not more passengers than the motorcycle is designed to accommodate.
How Traffic Violations Influence Motorcycle Accident Cases
Traffic violations significantly impact motorcycle accident cases in North Carolina because the state still follows the principle of pure contributory negligence. Contributory negligence in motorcycle accidents means you cannot collect compensation for a collision if you are even slightly at fault. This rule makes the assistance of a motorcycle accident lawyer critical.
Remember these points to protect your right to compensation after an accident in North Carolina:
- Always follow traffic laws when riding your motorcycle.
- If you’re injured in a motorcycle wreck, hire an attorney with a thorough understanding of North Carolina laws and how they apply to motorcyclists and drivers alike.
- Let your lawyer handle all communications with the insurance company.
- Don’t agree to sign anything or make any recorded statements to the insurance company without your lawyer’s approval.
Establishing Liability in Motorcycle Accidents: Legal Considerations
To establish liability in a motorcycle accident, your lawyer needs to prove that the other driver was negligent and you were not. Negligence means failing to act like a reasonable person would in the same situation to avoid harm. For instance, if the other driver ran a red light, exceeded the speed limit, or drove under the influence of alcohol, they weren’t taking the steps a reasonable person would take to avoid a collision.
Your attorney also needs to prove that your actions were not negligent. To establish that the other driver is solely responsible for what happened, your attorney will conduct an investigation, including:
- Reviewing the police report, which gives the responding officer’s opinion about what happened and why
- Taking statements from eyewitnesses to the accident
- Analyzing any photos or video of the crash scene that show road signs and traffic signals, damage to vehicles, skid marks on the road, road conditions, and injuries
- Examining medical records to document the severity of your injuries and estimate the value of your claim
- Seeking the opinion of an accident reconstruction expert who can help your attorney reconstruct what happened
The Role of Traffic Laws in Insurance Claims
North Carolina motorcycle traffic laws are central to resolving insurance claims because liability depends on which driver was at fault for the accident. For example, you may be fully or partly at fault for the collision if you were speeding, ran a red light, failed to indicate a turn, or were lane splitting.
However, the other driver may be at fault for the accident if they:
- Did not respect your right-of-way
- Changed lanes without seeing you
- Made an improper left turn
- Were driving while intoxicated
- Were driving while distracted
- Opened their car door without checking first
If your lawyer can demonstrate that you were following all traffic laws while the other driver was not, then the insurance company will probably offer a settlement to avoid the expense and risk of a trial. If the insurance company is confident that they can raise doubt about who was at fault, they may refuse to offer a reasonable settlement.
Common Defenses Used in Motorcycle Accident Cases
The insurance company will try to argue their client was not at fault for the collision if they think they can get away with it. Common defenses used in motorcycle accident cases include claiming that:
- You violated traffic laws and are partly responsible for the accident.
- Your injuries were pre-existing conditions not caused by the crash.
- You failed to mitigate harm by not seeking medical care or following doctor’s orders.
In some motorcycle traffic accident cases, the at-fault party is not another driver but a government entity responsible for road signs or maintenance. Other cases may involve a defective part, leaving the manufacturer liable. In these claims, the insurance company may argue that their client did everything they were legally required to do and wasn’t negligent. If that’s the case, your personal injury attorney can help you seek compensation from these other at-fault parties.
Steps to Take After a Motorcycle Accident in Durham, NC
According to the North Carolina Department of Insurance, these are the steps you should take after a motorcycle crash in Durham:
- Stop in a safe place and move your motorcycle out of the way of oncoming traffic.
- Call the police and report the accident.
- Ask the other driver for their name, address, phone number, driver’s license number, license plate, and insurance details.
- Get the names, addresses, and phone numbers of any witnesses.
- Contact your insurance company and the other driver’s insurer.
In addition, you should take photos or videos if you’re able to do so. Always seek medical care immediately, even if you don’t think you’re seriously hurt. Some injuries only start to show symptoms after some time has passed, so make sure to have a doctor check you out right after the accident. Then, contact a motorcycle accident lawyer in Durham, NC, to help you with your claim.
How Kreger Brodish LLP Can Help
Many people who’ve been hurt in motorcycle accidents feel overwhelmed by everything they suddenly have to deal with, from medical treatment and rehabilitation to dealing with an insurance company that doesn’t want to pay. If that sounds like your situation, Kreger Brodish LLP can help. When you hire us as your personal injury lawyer, we can:
- Investigate your accident and get all the facts to support your claim.
- Gather documentation about your injuries.
- Put you in touch with the best medical specialists.
- Help you get any doctor’s notes you need for your employer.
- Answer any questions you have about your case.
- Design an intelligent strategy to win maximum compensation for you.
- Negotiate with the insurance company for you.
- Take your case to court if the insurance company won’t offer a fair settlement.
- Provide comprehensive legal representation and advice.
Contact Our Motorcycle Accident Lawyers in Durham, NC, to Learn More
Motorcycle accident settlements depend on the lawyer’s legal experience and understanding of North Carolina traffic laws. If you’ve been injured in a motorcycle accident in North Carolina, you need a lawyer who has succeeded in obtaining significant and meaningful settlements or awards in previous cases.
Kreger Brodish LLP is a personal injury firm that has been serving Durham, North Carolina, for over a decade. We know how to approach motorcycle accident cases strategically to obtain maximum compensation for your injuries – and we have often obtained settlements up to the insurance policy limits for motorcycle accidents. Past clients say we “are great, friendly, helpful, and keep you updated on everything you need.”
Our team is deeply familiar with North Carolina motorcycle laws and will use that knowledge to help you pursue the compensation you need and deserve. Contact Kreger Brodish LLP today for your free consultation with an experienced motorcycle accident lawyer.
