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Motorcycle Accident Attorney Serving North Carolina
When managing a motorcycle accident case, there are several unique issues to consider due to their size and weight compared to other motor vehicles. Motorcycle riders stand a more danger of serious injury, but legal issues are also considered.
Undocumented and uninsured immigrants are disproportionately represented in hit-and-runs and other types of severe car accidents. Undocumented immigrants may flee the scene of an accident out of fear of deportation.
You should call a personal injury attorney as soon as possible following a vehicle accident involving an illegal immigrant to ensure that you are appropriately compensated for your injuries.
At Diener Law, our knowledgeable motorcycle accident attorney has years of experience helping motorcyclists obtain the compensation they need to heal fully and rebuild their lives following a road accident. Our North Carolina motorcycle accident attorney can assist you if you have been hurt in a motorcycle accident.
What Special Traffic Laws Apply to Motorcycles in North Carolina?
Motorcycles are subject to the same traffic laws as any other motor vehicle on North Carolina roadways for the most part.
Motorcyclists, like other drivers, must signal their turns, obey speed limits and traffic lights, and follow right-of-way regulations.
Several special rules apply to motorcycle and moped riders, including:
These regulations make it illegal for motorbikes and mopeds to carry more people than they were built to carry. However, there is no minimum age requirement for motorbike passengers in North Carolina.
Lane Use Privileges
Like other drivers, motorcycle riders are entitled to the full use of any lanes in which they are traveling and are forbidden from driving in a way that deprives other motorcyclists of the full use of a lane. Motorcycle riders may opt to ride two abreast in a single lane.
HOV Lane Use Rights
Motorcycles carrying two or more passengers have the right to utilize high-occupancy vehicle (HOV) lanes to alleviate traffic congestion in congested areas.
Red Light Rules
Under some conditions, motorcycles can pass through red lights at traffic junctions. A motorbike may ride through a solid red light if it approaches a traffic signal operated by an inductive loop detector, which is a type of sensor that identifies passing automobiles but has problems detecting bikes, as long as:
- They come to a complete halt and wait for the red traffic signal to change for at least three minutes.
- No other vehicle entitled to the right-of-way is stopped at, going through, or approaching the intersection.
- No pedestrians are crossing through or near the intersection.
Does a Special License to Drive a Motorcycle Needed in North Carolina?
Motorcycle drivers must obtain special permits and endorsements to operate their vehicles legally. If you currently have a provisional, regular, or commercial driver’s license, you can apply for a motorbike learner permit with the Division of Motor Vehicles (DMV). During the permit application process, drivers must pass a motorcycle knowledge test, a road sign identification test, and a vision test.
A fully equipped regular or commercial driver’s license is required for motorcycle endorsement applications. To obtain the necessary endorsement, drivers must pass a motorcycle knowledge test and a practical, off-street motorcycle skills test.
To operate a moped in North Carolina, drivers need not need a driver’s license or a motorcycle endorsement. On the other hand, Moped riders must be at least 16 years old and follow all applicable helmet laws.
What Are the Common Causes of Motorcycle Accidents?
Accidents are more likely to occur when vehicles fail to check for and see motorbikes. Accidents happen when a car fails to yield to a motorcycle rider by:
- Trying to make a left turn across the path of an oncoming motorbike traveling straight ahead.
- Changing lanes and sideswiping or pulling into the path of a motorcycle.
- Violation of a traffic signal or making a right turn into the path of a motorbike at a stop sign, yield sign, or red light.
In addition to the reduced visibility of motorcycles, the smaller size of motorcycles leads to collisions with motorists because of:
- Misjudged Speed
- Shorter Stopping Distance
Because of their smaller size and lower weight, motorcycles are therefore more vulnerable to accidents caused by road problems. Potholes, uneven terrain, pooled water, and loose gravel all can cause a collision.
Following some incidents, the local government or the contractors in charge of road maintenance may be held guilty.
Motorcyclists are, of course, exposed to injuries caused by the following categories of vehicle driver mistakes and negligence:
- Distracted driving (including texting while driving)
- Drowsy or fatigued driving
- Drunk or drugged driving
- Speeding or too fast for conditions
- Aggressive driving
What to Do After a Motorcycle Accident in North Carolina?
Following a motorcycle crash in North Carolina, the steps you take can dramatically affect your capacity to recover, both physically and financially. If you are in a motorcycle accident, you can protect your health and your right to compensation by doing the following:
- Seeking prompt medical attention and following your doctor’s orders
- Documenting everything you can remember about the accident as soon as possible
- Asking witnesses for their contact details
- Taking photographs of visible injuries, property damage, and the crash scene
- Refusing to provide recorded statements to insurance companies
- Refraining from social media posts while your motorcycle accident claim is pending
- Maintaining a record of all accident-related medical bills and other expenses
- Recording your daily levels of pain and physical limitations in a journal
- Working with a knowledgeable motorcycle accident attorney from the start
What Are the Common Injuries From Motorcycle Accidents?
Motorcycle riders lack the enclosed compartment of a car to protect them in the event of a collision. In addition, the biker may be hurt twice in a motorcycle accident: first when their body collides with a car and again when their body collides with the ground or another item on the roadside.
A motorbike that has been struck by a car and pushed down may pull the rider along the pavement in rare instances. Motorcycle accidents frequently result in the following injuries:
- Head injuries (concussions and more severe traumatic brain injury)
- Spinal cord injuries
- Broken bones or amputation of arms, legs, wrists, ankles, hands, feet, fingers, and toes
- Facial injuries ( fractures of the face and jaw, loss of teeth, or disfigurement)
- Trunk or chest injuries (broken ribs, fractured sternum)
- Abdominal injuries (vital organ and bowel damage, crushed pelvis)
- Burns from contact with hot vehicle parts
Motorcyclists who have been hit and thrown off their motorbike are familiar with “road rash” injuries such as cuts, bruises, scratches, and probable degloving injuries.
According to the National Highway Traffic Administration, wearing an FMVSS No. 218-compliant motorcycle helmet is predicted to effective in reducing fatal head injuries for motorcycle drivers and passengers passengers.
The fact that a motorcycle accident victim was wearing a helmet has no bearing on their claim since the helmet is not a factor in determining fault. However, wearing a motorbike helmet might make or break a personal injury claim.
Why Are Motorcycle Accident Claims so Complicated?
In various respects, motorcycle accidents differ from “normal” automobile accidents. That is why it is critical to find a lawyer who has handled motorcycle accident cases before. Some of the reasons these claims are more complicated include:
Many individuals have unfavorable perceptions about motorcycle riders that are unjustified. Some people assume that motorbikes don’t belong on the road or that all motorcycle riders are reckless. Unfortunately, these biases can operate against motorcyclists in insurance claims and courtrooms.
Lack of Motorcycle Knowledge
There are several distinctions between riding a motorbike and driving a vehicle, and not everyone knows them. Other drivers who have little or no experience operating a motorbike may find it difficult to comprehend why motorcycle riders behave differently in certain situations.
More Catastrophic Injuries
Motorcyclists suffer more severe injuries than passengers in passenger automobiles because they are entirely exposed. This translates to more expensive medical bills and claims. To preserve their bottom lines, insurance firms frequently strive to limit or deny big claims for reimbursement.
What Are Some of the Compensations After a Motorcycle Accident?
You should not have to cope with the unanticipated financial hardship that has been put upon you if you were wounded in a motorbike accident caused by someone else’s negligence. You may be entitled to substantial compensation from the at-fault party, including money for:
- Current and future medical bills
- Travel costs to medical appointments
- Lost wages
- Lost future earning capacity
- Pain and suffering
- Loss in quality or enjoyment of life
When the individual at fault acts intentionally irresponsible or maliciously, such as by street racing or driving while intoxicated, North Carolina law authorizes the court to award punitive damages (in rare situations).
What Are the Factors That will Affect Your North Carolina Motorcycle Accident Case?
Motorcycles provide a sense of freedom and adventure that is difficult to obtain elsewhere. Unfortunately, that liberty comes at a cost: motorbikes offer minimal safety in the event of an accident.
Suppose you or a loved one was seriously injured in a motorcycle accident due to someone else’s negligence. In that case, you may be entitled to compensation for medical costs, lost earnings, and other damages.
On the other hand, Motorcycle cases are complicated, and several elements might influence the value of your claim. The four major factors listed below might substantially affect the result of your motorcycle accident lawsuit.
The Amount of Insurance Coverage Will Impact Your Ability to Get Compensation
North Carolina is a fault-based state. A careless driver in our state is financially accountable for any injury they inflict on another motorist in a car collision. A motorcycle driver or rider who a reckless motorist hit is likely to suffer significantly more severe injuries than a driver or rider in a vehicle.
Because of this, North Carolina requires all vehicle owners, including motorcycle riders, to carry a minimum level of insurance.
Depending on the severity of your injuries, your losses may soon surpass the North Carolina law-imposed minimum coverage.
You’ll Need Strong Evidence Supporting Your Claims
How much money you can get back after a motorcycle accident is determined mainly by the specifics of the incident. Because insurance firms are for-profit corporations, they hunt for every reason they can discover to contest motorbike claims and make unfairly low settlement offers. Defending yourself against these techniques will need persuasive proof.
As though you were going to trial, you should always handle your motorbike claim as such. Compiling all of the evidence that conveys the account of how you were injured and the subsequent medical care, such as:
- Medical records that document your injuries, treatment, and functional limitations
- Estimates of your need for future medical treatment
- Witness statements
- Accident reports, crash investigation data, and accident reconstructions
- Lost income calculations
- Engineering assessments of defective car and motorcycle parts
- Documentation of how your quality of life changed after the crash
You also need to be aware of any holes in your argument. In North Carolina, for example, contributory negligence is a legal concept. You can lose your entitlement to compensation if your acts, such as failing to respect traffic regulations, led to your injuries.
Having an experienced motorcycle accident attorney on your side who can foresee a defense of contributory negligence and counter it with solid proof is critical in this situation.
You Must File a Timely Claim
When the statute of limitations expires, it has no value, no matter how good your claim is. A filing deadline specified by state law is known as a statute of limitations. Courts can dismiss any claims filed after the statute of limitations has expired.
For motorcycle accident claims in North Carolina, you are typically required to submit them within three years of the accident or two years if the accident ended in death.
However, it would be best if you never put off filing a claim until the last minute. Before filing a personal injury lawsuit for a motorcycle accident, a lawyer must thoroughly research the facts, gather evidence, and determine the worth of your claims. Getting started isn’t as simple as it seems.
It would be best if you spoke with our experienced motorcycle accident attorney as soon as possible following a collision.
An Experienced Motorcycle Accident Attorney Can Increase Your Chances of Getting a Fair Settlement
For the sake of profit, insurance firms often dismiss claims and give lowball settlements. As pleasant and concerned as the claims adjuster for the other driver’s insurance company may appear, they are aggressively searching for grounds to dispute or invalidate your claim.
In addition, it is all too common for motorcycle accident victims to make blunders while handling their claims. A thorough investigation of the circumstances of the accident and your injuries is required to establish the validity of your claim.
At Diener Law, we believe that motorcycle accident victims should concentrate on their rehabilitation and leave the complexities of their claims to a skilled motorcycle accident lawyer.
To help our clients recover as much as possible from their motorcycle accident injuries and trauma, we have an experienced motorcycle accident attorney on our team.
Don’t Hesitate to Contact Our Skilled North Carolina Motorcycle Accident Attorney
Because there is a persistent bias against motorcycle riders, motorcycle accidents vary from vehicle and truck accidents. If you’ve been hurt in a motorcycle accident, you have the same legal rights and deserve the same aggressive legal representation as everyone else.
After a motorbike accident in North Carolina, we’re here to provide individualized legal representation. A motorcycle accident attorney from Diener Law can evaluate the details of your motorbike accident and give you free legal advice regarding your possibilities.
If you or a loved one has been gravely wounded in a motorcycle accident, you need a motorcycle accident attorney committed to your rehabilitation and future. Allow us to answer your queries at no cost and with no obligations.
Diener Law, an experienced motorcycle accident attorney, can remove this stress by managing every element of your case while concentrating on your health. Any day or night, any day of the week, contact us online or by phone. Fill out our quick online contact form, or give us a call to get started.
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