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Injured in a Motorcycle Crash?
Navigate This Page:
- North Carolina Motorcycle Laws and Regulations
- Types of Motorcycle Cases We Handle
- Common Causes of Motorcycle Accidents
- Motorcycles and Wrongful Death
- Steps to Take After a Motorcycle Accident
- Determining Negligence in Motorcycle Accidents
- North Carolina Motorcycle Insurance Requirements
- Motorcycle Accidents in North Carolina: Know Your Risks
- What Damages Are Available for Motorcycle Accident Victims?
- The Importance of Legal Representation After a Motorcycle Accident
- How Long Do I Have to File a Lawsuit?
- Defective & Recalled Parts
Motorcycle Accidents in North Carolina: Know Your Risks
In North Carolina, people traveled nearly 106 billion miles by automobiles and motorcycles in 2020. There were 1,658 fatalities, including 176 motorcyclists, with traffic accidents accounting for over 10% of deaths.
With nothing to protect their bodies from the impact of another vehicle, motorcyclists are among the most vulnerable on North Carolina roads. The National Highway Safety Traffic Administration (NHTSA) states that motorcyclists are five times more likely to be injured and 28 times more likely to die in an accident than drivers and passengers in cars. With the risk of injury or death so high, motorcyclists should take steps to stay safe.
Here are three safety tips:
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- Ensure you’re wearing a helmet: North Carolina law mandates that motorcyclists wear approved helmets–-and with good reason. Studies show that head and neck-related injuries are less common when drivers wear them.
- Make yourself visible: Always keep your headlight on and try to wear bright clothing. Most motorcycle accidents result from another driver’s failure to see them.
- Avoid drinking alcohol: Operating a motorcycle after consuming alcohol is another common cause of accidents and injuries. If you are found to be under the influence of alcohol at the time of your accident, recovering compensation will be difficult.
Local Accident Statistics and High-Risk Areas
Motorcycle accidents are a significant concern in Wilmington, North Carolina, reflecting broader state and national trends. According to the North Carolina Department of Transportation (NCDOT), there were 3,409 reported motorcycle crashes statewide in 2020, resulting in 2,684 injuries and 176 fatalities. This data underscores the risks motorcyclists face on the road.
Certain areas in Wilmington and the New Hanover County have been identified as high-risk for vehicle accidents, including motorcycles. Notably, the intersection of College Road and New Centre Drive experienced 171 accidents between 2018 and 2021, with angle (T-bone) collisions being the most common. Other high-risk intersections include Market Street and New Centre Drive, College Road and Oleander Drive, and Market Street and Kerr Avenue, all of which have reported numerous accidents.
North Carolina Motorcycle Laws and Regulations
Understanding North Carolina’s Motorcycle Laws and Regulations can help keep you safe:
Helmet Laws
All riders and passengers on motorcycles in North Carolina are required by law to wear a safety helmet that complies with Federal Motor Vehicle Safety Standard 218.
Licensing Requirements
To operate a motorcycle in North Carolina, an individual must have a “motorcycle learner permit or a motorcycle endorsement on their provisional, regular or commercial driver license.”
Lane Splitting Laws
As noted above, lane splitting is not legal in North Carolina. The law reflects the imminent danger of sharing a traffic lane with another vehicle.
Motorcycle Equipment Requirements
Motorcyclists must routinely check their vehicles to ensure their brakes, steering, taillights, and other critical components are in safe operating order.
Common Motorcycle Accident Injuries
Because of their lack of protection, motorcyclists tend to suffer more injuries than drivers in other vehicular accidents.
At the Rhine Law Firm, P.C., we handle cases involving:
- Road rash – Road rash is a common injury for motorcycle riders. Road rash comes in different severities: from first-degree road rash, where the skin is reddened and scraped, to third-degree, where all layers of skin have been scraped off, exposing nerves and muscle beneath.
- Traumatic brain injuries – Motorcycle riders are far more likely to suffer a traumatic brain injury (TBI) during an accident than other crash victims. Bikers have a higher chance of falling off or being ejected from the motorcycle and hitting their head. Even when wearing a helmet, riders are still at risk of getting a TBI.
- Spinal cord injuries – Spinal cord injuries can cause partial or complete paralysis, leaving the rider unable to work, and burdening him or her with lifelong medical expenses.
- Broken bones – The lower extremities, like the legs, are most often shattered in a crash; but motorcyclists who try to break their fall with their hands often suffer “biker’s arm.”
- Wrongful death – Sadly, there are times when a wipeout leads to the death of a rider. If your loved one has been wrongfully killed in a motorcycle accident, you have the right to hold any negligent parties accountable.
Unfortunately, most of these accidents are the result of another driver’s negligence. In fact, motorcycle riders are roughly 27 times more likely to be killed in a crash than those in a passenger car on a per-vehicle-mile basis. With the help of our motorcycle accident lawyers, you may be able to determine negligence and receive fair compensation.
Motorcycles and Wrongful Death
Motorcycle accidents often result in fatalities. Surviving family members may be able to file a wrongful death suit to recover compensation for medical expenses, funeral expenses, pain and suffering, and lost income. An experienced wrongful death attorney can help you understand your rights and options during this difficult time.
Common Causes of Motorcycle Accidents
Some of the most common causes of motorcycle accidents include the following:
- Distracted driving: Motorists must pay close attention to their surroundings to be aware of smaller vehicles like motorcycles. Texting, adjusting GPS or the radio, eating, grooming, and other distracted behaviors take a driver’s hands, eyes, and mind off the road ahead.
- Speeding: According to research by the National Safety Council (NSC), speeding is responsible for nearly 30 percent of traffic fatalities Driving over the speed limit is dangerous, as it lessens reaction time, and motorists may be unable to avoid hitting a motorcyclist.
- Lane splitting: Lane splitting, or driving between lanes of slower traffic on a motorcycle, is illegal in North Carolina. Under the state’s contributory negligence laws, a motorcyclist injured while lane splitting may be barred from obtaining compensation for the accident. However, legal recourse may be available if a rider is “doored” by a motorist who intentionally opens a car door in their path.
- Dangerous road conditions: Motorcyclists are especially vulnerable to potholes, cracks, and other road defects. In some cases, the state or federal entity responsible for road maintenance and repair could be liable in a personal injury lawsuit arising from a motorcyclist accident.
- Inexperienced riders: Safely operating a motorcycle requires specialized skills, training, good judgment, and awareness. Inexperienced riders put themselves and others at risk when driving on North Carolina roads.
Steps to Take After a Motorcycle Accident
To protect your health and well-being, as well as your legal rights, it’s essential to follow these steps in the aftermath of a motorcycle accident:
- Contacting emergency services: Remove yourself from danger, call 911 immediately, and allow authorities to secure the scene.
- Gathering evidence: Take photos of the accident scene, including vehicle debris, skid marks, road and weather conditions. In addition, document your injuries, such as cuts, bruises, and lacerations.
- Reporting the accident to the authorities: A police report is a vital piece of evidence when a motorcycle crash results in serious injuries.
- Seek medical attention: Seek medical attention as soon as possible, even if you feel fine. Some serious injuries have delayed onset symptoms, such as concussions and soft tissue injuries. In addition, it also protects your legal rights by creating important documentation that links your injuries to the accident.
Determining Negligence in Motorcycle Accidents
Negligence is defined as a failure to act as a reasonable person would have under comparable circumstances. The individual(s) who are determined to be negligent are referred to as being “at-fault.” Often an adjuster from an insurance organization may review or investigate an accident to determine fault. North Carolina is one of the few remaining states that subscribes to contributory negligence law, meaning that if a driver has even a small (partial) degree of fault in an accident, he or she is barred from recovery of damages in most cases. It’s important to work with experienced car accident lawyers should you be at risk of this accusation.
Many states employ a comparative negligence model where varying degrees of fault are assigned among the parties and correlate to the amount of total damages that someone may be eligible to recover. In situations of greatly contested assessments of negligence, a court of law may need to resolve the dispute.
How Long Do I Have to File a Lawsuit?
North Carolina General Statute § 1-52(16) states that personal injury lawsuits must be filed within three years of an accident, with few exceptions. To ensure you file your claim on time, seek the guidance of an established personal injury attorney. Contact Rhine Law Firm for a Free Consultation.
When a motorcycle accident disrupts your life, you need a proactive team to advocate for you. At Rhine Law Firm P.C., we don’t just check the boxes. Instead, we prepare each case for the possibility that it could go to trial to ensure you receive maximum compensation. It is our priority and privilege to fight for justice for accident victims in Wilmington, North Carolina, and beyond. We have decades of experience and millions of dollars recovered.
Contact us for a free initial consultation with one of our experienced lawyers. Since we work on a contingency fee basis, if you chose to work with us, you will not pay attorney’s fees unless we win compensation for your injuries.
What Damages Are Available for Motorcycle Accident Victims?
Under North Carolina laws, accident victims who were hurt due to the negligence of another party may be eligible for the following types of compensation:
Economic Damages
Economic damages are easily quantified by bills, receipts, and invoices and could include medical bills, lost wages, and property damage.
Non-Economic Damages
Non-economic damages are the soft costs that reflect intangible losses such as pain and suffering, emotional trauma, and diminished quality of life.
Punitive Damages
Although rare in North Carolina, punitive damages can significantly increase total compensation. These damages are designed to punish egregiously negligent or reckless actions and are meant to punish the offender and deter future conduct. These damages are available when the other driver is impaired or was evading police when the accident occurred.
Uninsured/Underinsured Motorist Coverage for Motorcyclists in NC
In North Carolina, Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage are essential protections for motorcyclists who face a higher risk of serious injury in accidents. UM coverage, required for all vehicles, applies when a hit-and-run driver or an uninsured motorist causes an accident, ensuring that medical expenses, lost wages, and other damages are still covered.
UIM coverage comes into play when the at-fault driver’s liability limits are too low to fully compensate the injured motorcyclist. Given that many drivers carry only the state minimum insurance, UIM coverage can help bridge the gap when medical bills and other damages exceed the at-fault driver’s policy limits.
Since motorcyclists face greater risks of serious injury, opting for higher UM/UIM limits can provide essential financial protection in the event of an accident.
The Importance of Legal Representation After a Motorcycle Accident
Due to unfair biases, motorcycle riders often face an uphill battle to recover compensation for their losses. Further, insurance companies often employ bad-faith tactics to minimize or deny your claim. Our team has a proven track record of overcoming common biases and securing the compensation you deserve by doing the following:
- Investigating the cause of your accident
- Seeking all potential sources of compensation
- Negotiating for the largest possible settlement or jury award
- If necessary, representing you in court
North Carolina Motorcycle Insurance Requirements
In North Carolina you must have a motorcycle endorsement as a part of your license, and must have vehicle insurance specifically for your usage of a motorcycle. The minimum required amount of liability insurance coverage is $30,000 per person/$60,000 per accident designed to cover those injured or killed when you are at-fault. An additional $25,000 is required to cover property damage that you may be responsible for.
Motorcycle insurance may include collision coverage for repair or replacement of your vehicle, and comprehensive coverage that covers incidents like theft or hail damage. Many people will also elect to add a specific medical payment insurance product and/or coverage for protection if they are involved in an accident with an uninsured motorist.
How to Handle Insurance Companies After a Motorcycle Accident
Dealing with insurance companies after a motorcycle accident in North Carolina requires a strategic approach to protect your rights and maximize compensation. The priority is your safety—seeking an immediate medical evaluation ensures your well-being and provides crucial documentation for your claim.
Additionally, gathering evidence at the accident scene strengthens your case, including photographs of vehicle damage, road conditions, and visible injuries, witness statements, and obtaining an official police report, which serves as an impartial record of the incident.
Notify Your Insurance Company
After the accident, notify your insurance company promptly, but be mindful of what you say. Stick to the facts, avoid speculating about fault, and never give a recorded statement without consulting an attorney, as insurers – even your own — may use it against you later. North Carolina’s contributory negligence law makes this even more critical—if you’re found even 1 percent at fault, you could be completely barred from recovering damages.
Your Attorney Is Best Equipped to Handle Negotiations
Insurance adjusters often seek to minimize payouts by offering quick, low settlements or disputing the extent of your injuries. To counter this, limit direct communication and let your attorney handle negotiations. They can evaluate your case, ensure all medical expenses, lost wages, and other damages are accounted for, and fight for a fair settlement. If the insurer refuses to negotiate in good faith, your attorney can take the case to court.
Differences Between Motorcycle and Car Accident Claims
While motorcycle and car accident claims share similarities, key legal and practical differences impact how cases are handled in North Carolina. Understanding these differences is essential for riders seeking fair compensation after an accident.
- Higher Risk of Severe Injuries. Motorcyclists lack the protection of a car’s frame, airbags, and seatbelts, making them more vulnerable to catastrophic injuries like traumatic brain injuries, spinal damage, fractures, and road rash. Due to the increased severity of injuries, medical expenses and long-term care costs in motorcycle accident claims are often significantly higher than those in car accident cases.
- Bias Against Motorcyclists. Insurance companies and juries often hold negative biases against motorcyclists, assuming they take more risks or are responsible for their own accidents. This bias can make it more challenging for motorcyclists to prove liability and recover full compensation. A strong legal strategy, including accident reconstruction and witness testimony, may be necessary to counteract these unfair perceptions.
- North Carolina’s Contributory Negligence Law. As noted, North Carolina follows a contributory negligence rule, meaning if a motorcyclist is found even one percent at fault, they cannot recover compensation from the other driver. This strict rule makes proving liability crucial, as insurance companies may attempt to shift blame onto the rider to deny claims. Unlike car accident victims, motorcyclists often face more significant challenges in defending against contributory negligence arguments due to perceived riskier driving behaviors.
- Helmet Laws and Their Impact on Claims. North Carolina requires all motorcyclists to wear helmets, and failure to do so can impact a claim. Insurance companies may argue that not wearing a helmet contributed to the rider’s injuries, reducing or denying compensation. While helmet use does not negate another driver’s liability, it can be used as a defense to minimize payout amounts in injury claims.
- Insurance Coverage Differences. As noted, Motorcyclists in North Carolina are required to carry liability insurance, but many at-fault drivers have insufficient coverage. This makes Uninsured/Underinsured Motorist (UM/UIM) coverage especially important for motorcycle riders.
Defective & Recalled Parts
Additional Information
We are proud to serve the people of North Carolina.
Although our primary office location is in Wilmington, North Carolina we represent clients nationally and across the state of North Carolina. Some of the many areas we serve are listed below.
- Brunswick County Injury Claims
- New Hanover County Injury Claims
- Pender County Injury Claims
- Wilmington, NC Injury Claims
- Carolina Beach, NC Injury Claims
- Fayetteville, NC Injury Claims
- Kure Beach, NC Injury Claims
- Raleigh, NC Injury Claims
- Onslow County, Nc Injury Claims
- Southport, NC Injury Claims
- Shallotte, NC Injury Claims
- Hampstead, NC Injury Claims
- Burgaw, NC Injury Claims
- Jacksonville, NC Injury Claims
- Surf City, NC Injury Claims
- Holly Ridge, NC Injury Claims
- Columbus County, NC Injury Claims
- Leland, NC Injury Claims
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