Riding a motorcycle offers one of the best experiences you can have on the road. It enables one to become one with the machine, offering a closer connection to the road. While thrilling, riding can be and is risky even to the most skillful and careful of riders.
Motorcycle accidents are quite common today, with at least 5,000 motorcycle-involved accidents reported every year. Most of these accidents occur as a result of malice, negligence, and/or recklessness by other motorists, leading to injury, temporary or permanent disability, or even worse, death.
You’d however need to prove this in court (or to the insurance company) to get justice and be fully compensated. A good Kernersville motorcycle accident lawyer however understands the intricacies of law better, hence better placed at handling these.
At McIver Law Firm, we have a team that specializes mainly in motorcycle accident cases and are committed to seeing that justice is served and you are fully compensated.
Call us at 336-727-9886 immediately to book an appointment and free case review with our Kernersville personal injury lawyer. The sooner you make the call, the easier it will be to make a solid case and see that justice is served.
What Are the Most Common Causes of Motorcycle Accidents?
A number of factors can cause a motorcycle accident. These include:
Tailgating
Some drivers follow motorcycles too closely, which increases the risk of rear-ending the biker should he/she stop suddenly. It’s easier for a vehicle to run over a motorcycle than the other way around.
Distracted Driving
Fiddling with your car audio controls, texting, using the phone, or not watching where you are going, are good examples of distracted driving. These are the biggest culprits that often lead to accidents, hitting unsuspecting motorists and bikers.
Driving Under the Influence
Some people may drive while intoxicated. This impairs their judgment, putting other road users at risk. Drinking and driving is one of the leading causes of road accidents in the country and other parts of the world.
Equipment Failure
Failed brakes are a perfect example of instances where equipment may fail the driver. Most cases of equipment failure are directly related to a lack of proper servicing and maintenance of the vehicle or a manufacturer’s defect.
Not Seeing Motorcyclists
A motorist may blame visibility for not being able to see a motorcyclist. This can sometimes be a result of blind spots on the car, ignorance, or if the motorcyclist didn’t have high-visibility gear on.
Not Yielding the Right of Way
Some motorists will blatantly deny motorcyclists’ right of way, even when they are entitled to it. It is a known fact that some motorists may exhibit a lack of respect towards motorcyclists, sometimes forcing them over the curb or worse, hitting them.
Motorcycles, like other road users, have a right of way where deserved.
Unexpected Obstacles
Potholes, animals, people, etc., on the road, are every biker’s worst nightmare. It is even worse if these aren’t in plain sight, making it almost impossible for the rider to swerve or avoid hitting them. These can be a result of negligence by an individual or entity.
How is Fault Determined in a Motorcycle Accident?
Determining a motorcycle accident liability can be a difficult process. It requires keen attention to detail, knowledge of accident reconstruction, and proving culpability if anything is to stand trial.
Our Kernersville motorcycle accident lawyers however explores all avenues and elements to determine fault. Some of the elements we follow/consider include:
- Physical evidence: Car damage, skid marks, etc., at the accident scene.
- Reports from the police: Police investigate and compile a report upon visiting the accident scene.
- Testimonies from witnesses: Witness testimonials are invaluable when determining motorcycle accident faults.
- State traffic laws: Checking to see if any laws were violated leading to the accident. This can be as simple as running a red light, DUI, or even speeding. Determining who had the right of way can also help determine fault in motorcycle accidents.
- Driver behavior: The driver’s conduct before and after the accident says a lot, hence is taken into consideration when determining fault.
What Compensation Can I Receive For My Injuries/Damages?
At McIver Law Firm, we understand that each case is unique and treat each incident as such. However, we also have your rights and interests at heart and will use our vast knowledge of the law and experience around the court to ensure you are fully compensated for any injuries or damages.
We will push to see you are compensated for:
Economic Damages
We will push to get you compensated for losses associated with physical therapy, medication, injuries, property damage, and lost wages among other financial damages.
Non-Economic Damages
Our team will also strive to see that you are compensated especially if the accidents affected your way of life and financial capacity. Emotional trauma, disfigurement, etc. are critical factors to consider when pushing for compensation.
Punitive Damages
With the evidence gathered, we will push to see the culprit pays for not following North Carolina traffic laws. Our Kernersville motorcycle accident lawyer will take up the case to the court pursuing punitive damages for the same.
Should I Receive Medical Attention Even If I Am Not Hurt?
It is important to seek medical attention if you’ve been involved in a motorcycle accident. Only a doctor can give you a clean bill of health and can identify internal or hidden injuries that could turn deadly if not attended to in time.
Our Kernersville motorcycle accident lawyer will also need this information from your doctor should this be the case, to be able to push for compensation.
How Much is My Accident Claim Worth?
A number of factors have to be considered when calculating your motorcycle injury claim. These include bills, repairs, lost wages, physical and mental suffering, and non-economic damages among others.
To an untrained person, proving non-economic and punitive damages can be quite a challenge. Our team of motorcycle accident lawyers at McIver Law Firm are however better equipped and experienced to make the appropriate calculations for the same.
How Long Do I Have to File a Claim?
All motor accident injury claims in North Carolina can/should be filed within 3 years of the date of the accident or injury.
Why Was My Motorcycle Accident Claim Denied?
Your motorcycle accident claim may be denied if:
- There isn’t adequate evidence that the other driver was at fault
- Medical bills and cost of injuries are too high
- Your insurance provider is biased against motorcyclists
- Delayed medical care
- Pre-existing condition
- Lack of coverage
With the help of our motorcycle accident attorney, you can appeal to recover compensation.
Can My Attorney File the Claim For Me?
Yes. We can file a lawsuit on your behalf especially if the insurance company is adamant in compensating you fairly.
How Can a Kernersville Motorcycle Accident Lawyer Help With Your Compensation Claim?
This is part of what we are trained to do. We can help by:
- Collecting evidence: At the accident scene, take witness accounts, and video surveillance footage, if any.
- Assess liability: Your attorney will review your case and advise you on the best way forward.
- Calculate damages: Putting a number on how much you should be compensated requires experience and proper knowledge of the law. Our lawyers will take this burden off your shoulders to calculate damages.
- Settlement negotiations: Insurance companies are always armed with unforgiving and (sometimes) malicious lawyers who will stop at nothing but squash your case. Our lawyers know exactly how to handle such lawyers, especially at the negotiating table.
- Take your case to trial: Some insurance companies will only want to pay peanuts for damages caused. If this is the case, our lawyers will file the claim in court on our behalf for a fair trial.
But, Isn’t Hiring an Attorney Expensive For Me?
Hiring an attorney is the best decision you can make. Insurance companies will usually take advantage and often intimidate you into taking unfair compensation unless you have a good lawyer by your side.
Our Kernersville motorcycle accident lawyer will take your case on a contingency, hence will only get it after the case is won and compensation paid.
Call Us For All Motorcycle Accident Cases
If you, or a loved one, has been involved in a motorcycle accident, the best you can do is call a lawyer right away. Our team at McIver Law Firm is ready to help review your case and offer legal advice and representation to ensure you not only get justice, but are also compensated fully.
Call our Kernersville motorcycle accident lawyer at 336-727-9886 for a free consultation, case review, and representation on a contingency plan.
