The North Carolina Department of Transportation reported 2,869 cases of injured motorcyclists and 206 fatalities due to motorcycle accidents in 2022. Motorcycle accidents can lead to more severe injuries in comparison to automobile wrecks, even at similar speeds. Victims of these accidents can suffer from several injuries and even fatalities. The process of recovering after an accident can take a toll physically, mentally, emotionally, and financially. That’s why you need a dedicated expert on your side who can handle your injury case while you focus on getting better.
Motorcycle accident victims deserve the most compensation possible from the at-fault driver, but insurers can make recovery difficult. The experienced Fayetteville motorcycle accident attorneys at Maginnis Howard are dedicated to securing the best possible settlement or verdict for you. We take motorcycle accident cases on contingency- that means you don’t pay unless we win.
What Should I Do After a Motorcycle Accident?
After a motorcycle, it’s essential to call emergency services immediately. Everyone involved should tend to any injuries and receive medical attention. In any accident, moving off the road is important to prevent further harm. If the injuries are minor, the victim should gather contact information and as much evidence as possible. We recommend taking photographs and videos of the crash site and its surroundings and speaking to witnesses. This will help you in your case. In the days following the crash, hire an experienced personal injury attorney to advocate on your behalf and help you get the compensation you deserve.
Why Do I Need an Attorney?
Personal injury cases are often complex and challenging to navigate. When recovering from a motorcycle accident, the last thing you should worry about is the insurance company. Hiring an attorney to advocate on your behalf will relieve that burden. Our experienced Fayetteville motorcycle accident attorneys are dedicated to getting clients what they deserve- not just taking the insurer’s first lowball offer. Additional challenges when pursuing a motorcycle accident case include harsh North Carolina negligence laws and jury bias.
Jury Bias
Unfortunately, victims of motorcycle accidents sometimes don’t get fair consideration from insurers and jury members. People who don’t ride motorcycles may believe that motorcyclists are engaging in an inherently dangerous activity and are partially to blame for their injuries. In cases that go to trial, a judge may instruct the jury to disregard any preconceived notions they may have about motorcyclists. However, it is challenging to eliminate such biases from legal proceedings.
Our Fayetteville motorcycle accident attorneys will demonstrate that you took all necessary precautions to operate your motorcycle safely, including wearing a helmet and protective gear, and that the defendant’s recklessness was the true cause of the accident.
Contributory Negligence
North Carolina follows the rule of “contributory negligence.” Insurers use this rule to prevent victims from receiving personal injury compensation. Under contributory negligence, the defense can try to prove the victim was partly to blame to release liability. In other words, if the victim is even 1% responsible for the collision, they may not get the compensation they deserve. Challenging this rule is complex, so having a personal injury attorney who can assess the evidence and advocate on your behalf is important.
What Injuries Are Common in a Motorcycle Accident?
Motorcycle accidents can result in life-altering injuries, even if the crash is relatively minor. Some common injuries include:
- Traumatic Brain Injuries (TBI) – TBIs are the result of head trauma, and symptoms may not appear right away. Therefore, seeking medical attention and watching for signs of headaches and behavioral changes is essential.
- Spinal Cord Injuries – Damage to the spinal cord is a serious and all too common result of motorcycle collisions.
- Fractures – The force of a crash hitting your body can cause severe breaks and fractures.
- Internal Injuries – Internal injuries are less obvious and sometimes overlooked. Untreated, this type of injury can cause lifelong problems and even death. For example, internal bleeding around the lungs and tears to the aorta, liver, spleen, and kidneys.
How Much Can I Get for My Injuries?
A personal injury case has no standard settlement or verdict, especially in motorcycle accidents. The amount you can recover depends on factors such as the crash details, the extent of the injuries, the availability of insurance coverage, and more. Generally, a victim can sue for compensatory damages (monetary compensation for their losses). Compensatory damages include:
- Medical Bills: Perhaps the most common form of damages, medical bills can be a significant financial strain on the victim. In some cases, an experienced attorney can sue for future expenses for ongoing treatment.
- Lost Wages: Victims who need time off from work to recover from their injuries can sue for lost wages. In rare cases, such as long-term disability or being forced to change careers entirely, you may be entitled to the loss of future income.
- Pain and Suffering: These damages compensate victims for the non-economic results of an accident that leave victims with long-lasting trauma.
- Punitive Damages: This type of compensation punishes the defendant for their actions. These damages are uncommon, as the victim must prove the offender’s intent or willful misconduct.
Common Causes of Motorcycle Accidents
Roughly 75% of motorist/motorcycle accidents are caused by car and truck drivers. The most frequent causes of accidents are both fatal and non-fatal:
- Distracted Driving—Motor vehicle operators who don’t give their full attention to the road cannot respond to danger as quickly.
- Visibility – Passenger vehicles have more difficulty seeing motorcycles than other cars.
- Right of Way Violation – Cars that fail to yield to a motorcycle’s right of way can be much deadlier for the rider than passenger vehicles.
Prevention
The National Highway and Transportation Safety Administration (NHTSA) found that motorcyclists are 29 times more likely to die in a crash compared to passenger vehicle occupants. Therefore, drivers should remain aware of their surroundings and be especially conscious of motorcyclists. Motorcyclists can reduce the chance of getting injured by adhering to traffic safety guidelines, such as:
- Preventing Drunk Driving – Alcohol-impaired riders made up 42% of single-vehicle motorcycle fatalities in 2019.
- Becoming Properly Licensed – 31% of fatalities involved unlicensed motorcyclists.
- Wearing a Helmet—North Carolina requires all riders to wear helmets. Helmets are the most effective tool against TBI and other head injuries.
- Avoid lane-splitting – Lane splitting is not legal or advisable. Weaving between cars or riding in the same lane as another motorcyclist puts everyone at risk.
Why Choose Maginnis Howard?
Maginnis Howard is a proud sponsor of Support Bikers, a national organization dedicated to connecting bikers with biker-owned businesses and legal representation. Our attorneys have decades of experience representing those injured in motor vehicle accidents, especially motorcycle accidents.
Experienced Fayetteville Motorcycle Accident Attorneys
Our firm’s North Carolina personal injury lawyers have recovered millions in compensation for victims of negligent drivers. Our office provides free consultations for personal injury cases, and you don’t pay unless we win. To schedule a meeting with one of our dedicated motorcycle accident attorneys, fill out our contact form or call our Fayetteville office at (910) 339-6603. Our attorneys serve clients across the Carolinas and can travel to you.
