Many motorcycle accident victims have been told incorrect information about the costs of legal assistance, which causes them to avoid hiring an attorney to help them recover damages. The Winston Salem motorcycle accident attorneys at McIver Law Firm work on a contingency basis. That means you do not pay us until we win your case and you receive your settlement. The question really shouldn’t be how much does it cost to hire a lawyer after a motorcycle accident, but how much will it cost you not to.
What Can a Motorcycle Accident Attorney Do For Me?
Now that you know what a motorcycle accident lawyer near you will cost, your mind likely shifts to “Well, why do I even need an attorney” or “Can’t I just handle this myself”? Here are some of the biggest reasons to work with a motorcycle crash lawyer:
Initial Consultation
We listen to you. At your Free Consultation, you tell us about the accident. We ask you questions about the other vehicle, driver, road conditions, and other things at the scene of the accident. Sometimes things that you may not have considered important, are very important. Our experts know the right questions to ask to get a good initial picture of the accident. When we take on your case, you pay nothing, and we get right to work for you.
Accident Reconstructionist Recreate the Accident
Our expert accident reconstructionist will go to the site of the accident to recreate the actual wreck. They will look for brake marks, drag marks, or scrape marks on the road. They will consider the area for obstructed views. Check for traffic signals, and stop or yield signs. Once the experts have assessed the scene, they will interview the responding police officers and any witnesses. To get an accurate image of the accident, they will also consider your injuries and damages to your bike. With this information, your attorney can move to the next step of establishing fault.
Determining Fault in an Accident
In North Carolina, a strict contributory negligence rule is the law we follow. According to this law, you can only recover damages if you are determined to have no contribution to the accident. There will be no recovery if you are at fault by any percentage. We advise you not to accept any blame at the scene, no matter how badly you feel for the other driver or passengers. A defense attorney will use your comments against you in court as accepting blame.
There are four requirements for determining fault in any vehicle accident.
- Duty of care – Every driver owes every other driver a certain amount of care on the road.
- Breech of Duty of Care – The other driver did not fulfill his legal duty of care.
- Causation – The neglect of duty of care caused the accident.
- Damages – Your damages are a result of the accident.
Motorcycle Specific Laws in North Carolina
When determining fault in a motorcycle accident in North Carolina, we also evaluate adherence to the motorcycle rules. Violating them will affect the determination of fault. Motorcyclists follow all the standard driving rules, speed limits, lane change indications, and traffic signals. They also have the following rules to follow:
- Helmet Laws – All motorcycle riders and passengers must wear helmets approved by the US Department of Transportation while riding anywhere in NC.
- Passenger Restrictions– There may not be more passengers on a motorcycle than the seat holds by design.
- Lane Use Restrictions– Each motorcycle is entitled to a full lane. A motorcycle may not prohibit another motorcycle from a full lane privilege.
- High Occupancy Lane Use Rights– Motorcycles carrying two or more passengers may use the HOV lane during high traffic periods.
Calculating Damages
There are three types of damages that can be recovered in a vehicle accident.
Economic Damages
These are your actual monetary losses. These are medical expenses, motorcycle repair/replacement, lost wages and potential lost wages. We calculate from pay stubs, receipts, statements, and bills.
Non-Economic Damages
These damages are harder to calculate. They are for costs like pain and suffering, mental anguish, loss of quality of life, loss of limb or use of a body part.
Punitive Damages
The other party must exhibit gross negligence or malice to collect these damages. Driving under the influence of alcohol or drugs, excessive speed, and reckless driving all fall under this category. Our researchers work hard to determine if any of these factors were present.
Helping File Your Insurance Claim or Reach Settlement
The insurance claim/attorney “run-around” can get so confusing that some riders simply give up. The claim adjusters and attorney offices call their jobs and homes so frequently that it disrupts their lives. The questions are repetitive and confusing, causing the riders to be unsure of what is going on with the cases. This frequently may be on purpose in the hopes that the victim will give up on the case. We take that over for you. Our office will handle those calls. We will determine an appropriate settlement amount, and with your approval, we will present it for settlement. If they choose to decline the offer, we are prepared to represent you in a Winston-Salem court.
What Are the Injuries You May Have?
In a collision with a motor vehicle, the motorcycle rider is always going to lose. The car or truck encases the driver in steel, metal, and safety features. The motorcycle rider does not have any of these protections. Burns are the most common injury for a rider in a spill caused by a bad turn, a skid, or an accident. The motorcycle has many hot surfaces to get burned on; there is also road burn or road rash. Road rash is a burn caused by your body part as it slides across a stable surface. Burns are the number one reason bikers and passengers wear jeans, leathers, boots, or closed-toe shoes.
The next most common injury is broken bones. Fingers, feet, ankles, hands, legs, and arms occur when the rider tries to break their fall when stopping suddenly. Some of these breaks are minor injuries, but a broken leg requiring surgery and physical therapy can keep you out of work for up to six months.
Internal injuries are also common. The rider hits the handlebars or the ground with such force that there is internal damage. They break ribs, puncture lungs, or damage organs. These injuries are more difficult to repair, have longer recuperation periods, and frequently leave lifelong damages. Another residual damage is the loss of a limb or the loss of use of a part of the body. The rider may have severe disabilities for the rest of their entire life.
Contact a Top Winston-Salem Motorcycle Accident Lawyer Today, Call McIver Law Firm!
If you, or someone you love, have been involved in a motorcycle accident, contacting a skilled, reputable injury attorney should be one of the first things you do. Having a lawyer in your corner from the start is the best way to ensure that you get the compensation you need and deserve. Fill out our contact form here or call us at 336-727-9886 today. Remember to CYA: Call Your Attorney asap and let the McIver Law Firm get started helping you with your case today.
