Motorcycle Accident Lawyer in Raleigh, NC

The hours, days, and weeks after a motorcycle crash are undoubtedly a difficult time, often bringing a painful recovery and overwhelming insurance discussions. Here are some things you can do in the aftermath to protect your health and your rights:

• Get prompt medical treatment. Be sure to tell your doctor that you were in a motorcycle accident. Not only is this important for your medical prognosis, but it will link your injuries to the crash. That makes it harder for an at-fault party or insurer to claim that your injuries were caused by something else or weren’t as serious as you claim. If you must miss work as a result of your injuries, be sure to ask your doctor for an out of work note.
• Let your own car insurance company know about the accident. Your policy likely requires you to do so promptly, typically within a few days, if you might use your uninsured or underinsured coverage, medpay or collision coverage. Stick to the facts – avoid going into unnecessary details or saying anything that might suggest you think you were at fault. Don’t agree to any recorded statements without a lawyer.
• Start an evidence file. This should include documentation such as copies of your medical records and bills, out of work notes, repair estimates, any communications with your employer, and past pay stubs or other evidence of lost wages. Also, include a written account of the incident and your symptoms, as your memory can fade more quickly than you would think.
• Be careful what you say to people about the crash, particularly representatives with the other party’s insurance provider. If it’s possible, stay off social media entirely, but especially avoid posting about the incident or your injuries. Anything you say about the accident could be used against you down the road.
• Contact a motorcycle accident lawyer as soon as you can. The attorneys at Younce, Vtipil, Baznik & Banks can review your case and help you protect your rights from the beginning. The sooner you involve our legal team, the sooner we can start collecting evidence, handling insurance companies, and building your personal injury claim.

You may still be able to file a claim even if you weren’t wearing a helmet at the time of the crash. While failing to wear a helmet while riding a motorcycle is a violation of N.C.G.S. §  20‑140.4, the same law specifically says that this fact can’t be presented as evidence of negligence in any civil action. However, that doesn’t mean it won’t play into your case at all. If you suffered a head injury while not wearing a helmet you may have trouble being compensated for that.

If adjusters try to reduce or deny your motorcycle accident claim because you weren’t wearing a helmet, it’s time to get legal help of your own.

North Carolina has a statute of limitations on personal injury claims, including those involving motorcycle collisions. Under N.C.G.S. § 1-52, you generally have three years from the date of the crash to file a lawsuit against any liable parties, with some exceptions. A different deadline applies to motorcycle accidents that result in fatalities, as N.C.G.S. § 1-53 requires that wrongful death claims be filed within two years of the date of the victim’s passing.

If you try to file after this deadline, the defendants will file a motion to have your case dismissed as untimely, which the court will almost certainly grant. Once that happens, you lose your right to compensation forever.

Other key details regarding the North Carolina statute of limitations for motorcycle accidents include:

• Property damage – The three-year limit also generally applies to vehicle damage.
• Minors – The three-year statute of limitations for injured minors does not begin until they turn 18. The parents’ statute of limitations is three years if they are responsible for the child’s medical bills.
• Other states – If the accident happens in another state, that state’s statute of limitations will apply. One neighboring state has a statute of limitations of one year.

It’s worth noting that these laws apply to motorcycle accident lawsuits, not insurance claims. However, since your only leverage in an insurance claim is your ability to sue, the insurer will not accept a claim filed after the window has closed. Don’t put your rights at risk. Instead, get help from a qualified personal injury attorney right away. If you wait until too close to the statute of limitations running to contact a lawyer, they will probably not take the case for malpractice liability reasons.

For better or for worse, there’s no such thing as an “average” settlement for a motorcycle accident claim. There are far too many variables at play for an average figure to be instructive.

Factors that could affect the value of an injured motorcycle rider’s settlement include:

• The severity of your injuries
• The specific type of injuries you suffered, such as bone fractures, sprains, strains, brain injury, etc. There are hundreds of different injuries and combinations of injuries.
• Whether your injuries will lead to long-term impairment
• The cost of your present and future medical care
• The extent of your lost wages from time off work
• Whether your injuries will affect your ability to continue your career or result in a loss of future wage-earning capacity
• The pain and suffering you’ve endured and will endure in the future
• How your injuries will affect your well-being and relationships
• How clearly other people are at fault for what happened and whether you were completely free of fault

Our North Carolina motorcycle accident lawyers based in Raleigh offer free consultations, so it’s easy to get a better idea about how much your case could be worth.

Most successful motorcycle accident claims don’t go all the way to a trial. In fact, we are able to settle most motorcycle accident claims without even having to file a lawsuit. The liability insurance company pays the victim an agreed-upon sum in exchange for waiving the right to sue.

Agreeing to a settlement has several potential advantages over going to trial, including:

• The parties have greater control than in an unpredictable jury trial.
• The matter can be resolved faster and with much lower expenses.
• The outcome is confidential.

However, some cases can benefit from filing a personal injury lawsuit and going to court. For instance, if the at-fault party or their insurer refuses to make a fair offer, you may need to take them to trial to recover the full amount you deserve. Our experienced attorneys can advise you on possible courses of action for your motorcycle accident case so you can make informed decisions.

While it might be tempting to try to avoid attorney fees, you may be putting your case at risk. Here are just a few reasons not to try to handle your motorcycle accident claim yourself:

• You likely don’t have the resources or insight to investigate the crash effectively or have access to expert witnesses who can interpret what evidence you’re able to recover.
• Insurance adjusters are trained to minimize payouts using tactics to trip you up, from recording your statements to use against you later to pressuring you to accept a lowball settlement.
• A skilled motorcycle accident attorney will have the respect of the insurance adjuster because he/she can file a lawsuit if negotiations fail, so the adjuster will pay more for the claim with a good lawyer. The additional amount the adjuster is likely to pay if you are represented by an experienced lawyer is usually much more than the 1/3 attorney fee.