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What to Do After Being Involved in a Motorcycle Collision

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black motorcyle in the foreground on the beach

Even at similar speeds, motorcycle collisions cause far more severe injuries than most automobile accidents. These include spinal cord injuries, traumatic brain injuries, and permanent scarring. These painful injuries not only cause genuine economic hardships but also can result in long-lasting pain.

The at-fault driver’s insurance company should fairly compensate you for these harms. Still, the reality is that these insurance companies are incentivized to offer you as little as possible in motorcycle crash cases. In most motorcycle crash cases, the insurance company will blame the person on the motorcycle for the crash.

Contributory Negligence

North Carolina law follows the contributory negligence doctrine, which bars recovery by the plaintiff if they’re partially at fault. However, plaintiffs may use the “last clear chance” doctrine to recover damages. It states that if they can prove that the other party had the last clear chance to avoid the accident, then contributory negligence does not apply.

The motorcycle collision attorneys of Maginnis Howard can assist you through the arduous process of making an injury claim and, if necessary, filing a lawsuit and litigating your case. The process begins by evaluating the nature of your monetary and non-monetary damages. The reasonable value of any motorcycle accident claim is based upon what a North Carolina jury would likely award you if the claim could not be settled with the insurance company.

Claim Analysis

A personal injury claim analysis in North Carolina begins by looking at your “special damages.” These include medical, pharmaceutical, and rehabilitation charges. Whether you were hospitalized and received surgical treatment, your bills could be thousands of dollars or more. Significantly, you are not limited to recovering your out-of-pocket expenditures. For accidents after October 1, 2011, you are entitled to receive as damages all amounts paid to satisfy a bill, even if paid by your insurance company, Medicaid, Medicare, or some other source. You may need to pay those amounts back to the original payer.

Suppose you have sustained severe injuries in a North Carolina motorcycle collision. In that case, you may be entitled to recover personal injury compensation for your past and future: medical costs, lost wages, physical, mental, and emotional pain and suffering, temporary and permanent disability, and punitive damages if the defendant’s conduct is gross or willful and wanton (such as where they were intoxicated while driving).

Representation for a Motorcycle Collision

Maginnis Howard’s lead personal injury attorney, T. Shawn Howard, has over a decade of experience handling complex motorcycle collision cases. He is a million-dollar and multi-million-dollar advocate, meaning he has obtained settlements for over $1,000,000 and $2,000,000. He has also been designated a Super Lawyers Rising Star every year since 2016.

To schedule a free consultation with an attorney, call Maginnis Howard at (919) 526-0450. We represent clients on a contingency basis, so you don’t pay attorneys’ fees unless we recover compensation. You can also visit our contact page to send a confidential email with the facts of your case.

Merger Announcement


We are pleased to announce that Charles G. Monnett III & Associates of Charlotte and Britton Law of Fayetteville are now part of Maginnis Howard. For more information on the merger, see this post. For more information on each location, visit the Our Firm tab in the navigation menu.

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