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Injured in a Motorcycle Crash?
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 Wilmington motorcycle accident lawyers, you may be able to determine negligence and receive fair compensation.
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 Wilmington 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.
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.
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.
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What Damages Are Available for Motorcycle Accident Victims?
North Carolina is one of the few states that is still a contributory negligence jurisdiction. This doctrine says that a person who was injured due to their own negligence – even if you are only 1 percent negligent — may end up being barred from collecting money damages from the party accused of causing the accident. The system is designed in favor of insurance companies rather than people with serious injuries. It is why legal counsel is so strongly encouraged, especially in motorcycle accidents where riders already tend to be treated unfairly.
Motorcycle riders who work with the Rhine Law Firm receive the benefit of a thorough investigation of the accident. We examine every angle, every injury, and all surrounding factors from the weather and road conditions to the time of day on the day of the accident. Once we have established clear liability, we will determine all avenues of recovery. Hospital costs, physical therapy, continued care, surgeries, and other medical expenses are carefully calculated and projected into the future. We will also fight for recovery of your lost wages and limitations in your working capacity. Pain and suffering is a more subjective amount, and another component of your potential monetary award.
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.
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