A motorcycle accident can be serious or even deadly for the motorcyclist. As a motorcyclist, you have little protection from vehicles, such as vans, cars, and trucks, on the road. So, if you were injured in a motorcycle accident, hiring a skilled Winston Salem motorcycle accident lawyer can help you recover compensation for your injuries and damages.
It is not easy to recover the maximum compensation for your injuries and damages. We highly encourage you to hire a reliable motorcycle accident lawyer. Why? A reliable lawyer has the knowledge, experience, and expertise to prove negligence and recover the maximum compensation that you rightfully deserve.
Looking for the best Winston Salem motorcycle accident lawyer? Do not look further than McIver Law Firm. We have highly skilled and experienced personal injury lawyers. Our lawyers are committed to helping our clients get the maximum benefits for their injuries and damages.
Call us today at 336-727-9886 to schedule a FREE consultation.
Motorcycle Accident Statistics in North Carolina
According to the North Carolina Department of Transportation (NCDOT), there was a 4% decrease in motorcyclist fatalities in 2020. There were 3,409 motorcycle accidents in 2020. These motorcycle accidents resulted in 2,684 injuries and 192 deaths. 172 of the 192 deaths were motorcyclists who were not wearing their helmets.
What Are the Most Common Causes of Motorcycle Accidents?
It is possible to avoid or prevent some of these motorcycle accidents in North Carolina. So, you need to understand the most common cause of motorcycle accidents:
Distracted Driving
A motorcycle accident can occur due to distracted driving. If a driver texts or talks on the phone while driving, they are less likely to see the motorcyclist on the road. So, they can cause an accident on the road.
Driving Under the Influence
In North Carolina, it is illegal to drive under the influence. Alcohol or drugs can impair the judgment of the driver. Drunk drivers get distracted easily. That is why they can cause an accident.
Equipment Failure
If parts of a vehicle break down on the road, the vehicle can cause a motorcycle accident. For instance, a vehicle with faulty brakes, lighting, or even mirrors is more likely to cause a motorcycle accident.
Motorists Not Seeing the Motorcyclist
If a motorist fails to see the motorcyclist on the road, they can cause a motorcycle accident. It is difficult for motorists to see motorcycles because of their small size.
Unexpected Obstacles on the Road
Unexpected obstacles, such as people, animals, potholes, or debris, on the road can cause motorcycle accidents in North Carolina.
Common Types of Injuries After a Motorcycle Accident
A motorcycle accident can cause an array of injuries. These injuries can be severe and life-threatening, and sometimes results in death. Here are the most common types of injuries after a motorcycle accident in North Carolina:
Broken Bones
Motorcyclists can suffer broken bones in motorcycle accidents. They frequently break their legs, arms, hands, ribs, and other bones in these accidents. These injuries may require physical therapy and surgery.
Road Rash
Road rash occurs when the motorcyclist’s skin rubs against the gravel or pavement. A road rash can cause reddening of the skin. A road rash should be treated as soon as possible to avoid infection.
Brain Injuries
Brain injuries are more common in motorcycle accidents. If a motorcyclist does not wear a helmet, they can suffer a severe brain injury in a motorcycle accident. Brain injuries can have long-term repercussions. They can even cause death.
Spinal Cord Injuries
Motorcyclists can suffer severe back and spinal cord injuries in a motorcycle accident. Unfortunately, spinal cord injuries can cause loss of sensation in the limbs and even paralysis.
Are There Any Motorcycle Specific Laws in North Carolina?
In North Carolina, motorcyclists are required to obey traffic signals, observe speed limits, and indicate their turns like other drivers. However, some laws apply specifically to motorcycles, including:
- Helmet Laws – All motorcyclists and passengers must wear helmets. They must make sure their helmet is approved by the U.S. Department of Transportation.
- Passenger Restrictions – Motorcyclists are prohibited from carrying more passengers than their motorcycles have seats to support.
- Lane Use Privileges – Motorcyclists are entitled to full use of a lane. They are, however, prohibited from depriving other motorcyclists of the full use of a lane.
- High-Occupancy Lane (HOV) Use Rights – Motorcyclists carrying two or more passengers are entitled to use the HOV lane during heavy traffic. Using the HOV lane helps to relieve traffic congestion.
How is Fault Determined in a Motorcycle Accident?
The pure contributory negligence rule applies in North Carolina. Therefore, the state of North Carolina adheres to the pure contributory negligence rule. Therefore, if you are partly at fault for your motorcycle accident, your motorcycle accident claim is defeated.
For example, if the other party is 97% at fault and you are 3% liable, you will not be entitled to seek compensation for the injuries and damages you suffered in your motorcycle accident.
If you want to recover compensation, you will need to determine the party at fault in your motorcycle accident.
We highly recommend hiring a good Winston Salem motorcycle accident lawyer to help you determine the party at fault in your motorcycle accident.
Here is how to prove that the other party was at fault:
- You have to prove that the other party owed you a duty of care.
- You have to prove that the other party breached this duty of care.
- You have to prove that this breach of duty of care caused your motorcycle accident.
- You have to prove that you were injured in your motorcycle accident.
Our Winston Salem motorcycle accident lawyer can help you determine the at-fault party in your motorcycle accident with North Carolina’s contributory negligence rule in mind.
Contact 336-727-9886 to talk to our motorcycle accident attorney. Our lawyer will review your motorcycle accident case for free.
What Compensation Can I Receive For My Injuries/Damages?
A motorcycle accident can cause a wide range of issues, such as mental trauma, physical injuries, lost wages, and even wrongful death. The compensation you can receive for your injuries/damages falls into three categories, including economic damages, non-economic damages, and punitive damages.
Economic Damages
Economic damages are quantifiable financial losses. They are easy to calculate. You will use your bills, receipts, and paystubs to calculate these damages. They include lost wages, property damage, medical expenses, and loss of earning capacity.
Non-Economic Damages
Non-economic damages are not easy to calculate because they do not have a specific monetary value. They do not have a monetary value attached to them. They include mental anguish, pain and suffering, and loss of quality of life.
Punitive Damages
These damages are very rare. They are mostly used to punish the at-fault party if their conduct rises to a level of negligence, malice, recklessness, and gross misconduct.
Should I Receive Medical Attention Even If I Am Not Hurt?
Yes, you should see a medical doctor after your motorcycle accident even if you are not hurt. A doctor should check you immediately after your motorcycle accident. You may suffer some injuries in your motorcycle accident. However, the symptoms of these injuries might take time to show up.
It is, therefore, wise to see a medical doctor even if you are not hurt. If the symptoms of these injuries show up, you will just go for a follow-up appointment. In fact, if you have medical records, you will recover the full compensation for your injuries.
How Much Is My Accident Claim Worth?
There is no set dollar amount. There are some motorcycle accident claims that are worth a few thousand dollars. And others are worth more. Therefore, the value of your motorcycle accident claim will depend on the types of injuries and damages you suffered in your motorcycle accident.
That is why you need to retain the services of our knowledgeable Winston Salem motorcycle accident lawyer. When you retain the services of our motorcycle accident lawyer, we will work hard to recover the maximum compensation after your motorcycle accident crash.
How Long Do I Have to File a Claim?
There is a time limit in place within which you can file a motorcycle accident claim pursuing compensation in North Carolina. If you want to recover compensation for your injuries and damages, you have to file your motorcycle accident claim before the time limit expires.
You must file your motorcycle accident claim before the time limit expires. Why? You will avoid losing your rights to seek compensation for your injuries and damages.
In North Carolina, you have three years from the date of your motorcycle accident to file your motorcycle accident claim against the responsible party. If you fail to file your claim within three years after your motorcycle accident, your motorcycle accident claim will be dismissed.
Why Was My Motorcycle Accident Claim Denied?
Insurance companies do not like paying out compensation to injured victims. Paying out compensation cuts into their profits. That is why they can deny or reject personal injury claims, including motorcycle accident claims.
They can deny your motorcycle accident claim because:
- They believe you were responsible for your motorcycle accident.
- They believe you did not sustain any injuries or damages.
- They do not believe your injuries or damages resulted from your motorcycle accident
- The insurance policy was canceled or lapsed because you made untimely insurance payments
Can My Winston Salem Motorcycle Accident Lawyer File the Claim For Me?
Yes, your attorney can file a motorcycle accident claim for you. In fact, hiring a good Winston Salem motorcycle accident lawyer can make the insurance company take your motorcycle accident case seriously. Your lawyer will ensure you get fair compensation for your injuries and damages.
How Can a Winston Salem Motorcycle Accident Lawyer Help With Your Compensation Claim?
We do not encourage you to file your motorcycle accident claim on your own. You probably do not have the skills, experience, and expertise to handle motorcycle accident cases.
Here is how an attorney can help with your compensation claim:
Collect Evidence
You need solid evidence to increase your chance of winning your motorcycle accident case. Your lawyer knows the different types of evidence to collect, including photos of your injuries, your motorcycle, the accident scene, red light cameras, and many more. Your lawyer will use the evidence to build a strong case.
Assess Liability
Your lawyer will help identify the party or parties responsible for your motorcycle accident. Lawyers have been working on these types for several years. So, they can easily know the party responsible for causing your motorcycle accident. They can even hire experts to help them identify the responsible party.
Calculate Damages
Experienced and knowledgeable motorcycle accident lawyers understand how to calculate the true value of a motorcycle accident claim. They consider multiple factors, such as pain and suffering, lost wages, medical expenses, and ongoing treatments, to calculate the damages.
Settlement Negotiations
The insurance company may offer you a low settlement offer. If you do not have the time and money to fight, you may accept their low settlement offer. If you want to get the maximum compensation for your injuries and damages, you should let a lawyer negotiate on your behalf.
Take Your Case to Trial
If you decide to take your motorcycle accident case to court, you need to hire a skilled and experienced motorcycle accident lawyer to represent you. This is because they understand the legal system and the court system. Your lawyer will present your case in front of a judge and jury.
But, Isn’t Hiring an Attorney Expensive?
No, it is not expensive to hire an attorney. You are not required to pay your legal fees upfront. Many motorcycle accident attorneys work on a contingency fee basis. You will only pay your lawyer once they recover compensation on your behalf.
Contact a Winston Salem Motorcycle Accident Lawyer at McIver Law Firm to Help with Your Motorcycle Accident Case
A motorcycle accident can result in different types of injuries, such as broken bones, spinal cord injuries, brain injuries, and even death. So, if you were injured in a motorcycle accident, you should seek medical attention immediately.
We also highly encourage you to hire an experienced and knowledgeable attorney to assess the strength of your claim. Lawyers have the skills, experience, expertise, and knowledge to handle your motorcycle accident case. Your lawyer can help you recover the maximum compensation you are entitled to.
At McIver Law Firm, we have the best motorcycle accident lawyers in Winston Salem. We have successfully represented numerous motorcycle accident victims. So, we have the skills, knowledge, and resources to help you recover the compensation you rightfully deserve.
Contact us today at 336-727-9886 for a FREE consultation with our Winston Salem motorcycle accident lawyer.
