You don’t have to let a motorcycle accident make your future feel less secure. An experienced Charlotte motorcycle accident lawyer can help you deal with the unique challenges that come with your recovery. While you seek out medical care, we can prevent insurance providers from downplaying the severity of your losses while advocating for your right to a fair settlement.
Our Charlotte personal injury lawyers rely on over 100 years of combined legal experience to help you navigate the legal process. We’ve helped secure over a hundred million dollars on behalf of our clients.
When you need an attorney with extensive experience to help you retake control of your life, you can trust Shane Smith Law to take your case. In Pain? Call Shane!
Common Causes of Motorcycle Accidents
Unfortunately, many motorcycle accidents are caused by other motor vehicles. These types of collisions can happen due to various factors, often resulting from a combination of human behavior, environmental conditions, and vehicle dynamics.
Some common causes of motorcycle accidents involving drivers of other vehicles include:
- Failure to See Motorcycles: Motorcycles are smaller and less visible than cars, trucks, and other larger vehicles. Sometimes, drivers fail to notice motorcycles in traffic or at intersections, leading to collisions.
- Unsafe Lane Changes: Drivers may change lanes without properly checking their blind spots, not realizing that a motorcycle is in their path. This can result in sideswipe accidents or the motorcycle being forced off the road.
- Left–Turn Collisions: Left-turn accidents occur when a vehicle makes a left turn in front of an oncoming motorcycle. Drivers may misjudge the speed of the motorcycle or fail to notice it altogether, resulting in a dangerous collision.
- Distracted Driving: Distractions such as texting, talking on the phone, adjusting the radio, or using in-car infotainment systems can divert a driver’s attention away from the road and increase the likelihood of not noticing motorcycles.
- Following Too Closely: Tailgating or following motorcycles too closely reduces the driver’s reaction time. If the motorcycle suddenly slows down or stops, the driver might not have enough time to avoid a collision.
- Driving Under the Influence: Alcohol and drugs impair a driver’s judgment, coordination, and reaction time, increasing the risk of accidents involving motorcycles.
- Failure to Yield the Right of Way: Drivers not yielding the right of way to motorcycles, especially at intersections, can lead to collisions. This might be due to a lack of awareness or disregard for the rules of the road.
- Speeding: Speeding reduces a driver’s ability to react to sudden changes in traffic conditions. If a motorcycle appears unexpectedly, a speeding driver may not be able to avoid a collision.
- Driver Inexperience: Inexperienced drivers may struggle to anticipate the actions of motorcyclists or may make incorrect judgments about how motorcycles behave on the road.
- Aggressive Driving/Road Rage: Aggressive driving behaviors like tailgating, cutting off other vehicles, and aggressive lane changes can lead to dangerous situations for motorcyclists.
- Failure to Signal: Not using turn signals or using them improperly can lead to confusion for other road users, including motorcyclists, resulting in accidents.
- Poor Weather Conditions: Rain, fog, and other adverse weather conditions can reduce visibility and traction for both drivers and motorcyclists, increasing the risk of accidents.
What to Expect When Riding a Motorcycle in Charlotte
According to the National Highway Traffic Safety Administration, 2022 saw 6,218 fatal motorcycle crashes throughout the United States. That number makes up 15% of all traffic fatalities seen that year. The report goes on to say that North Carolina saw 182 of those accidents.
Motorcyclists are in a uniquely dangerous position when they hit the road in North Carolina. The state doesn’t put them at a greater risk for a motorcycle wreck, but negligent drivers can put them at risk for devastating injuries while admiring the view in Charlotte and the cities beyond it.
So, what should motorcyclists in Charlotte expect when they hit the road? Like motorcyclists anywhere, they need to keep a wary eye out for distracted drivers, drunk drivers, and drivers who aren’t looking out for them, especially when Charlotte’s interstates are at their most congested.
For a free legal consultation with a motorcycle accident lawyer serving Charlotte, call 980-246-2656
The Devastating Consequences of a Motorcycle Accident
Motorcycles offer minimal protection to riders compared to enclosed vehicles. There are no seat belts, airbags, or metal frames to shield motorcyclists from the impact of a collision. In a crash, riders are directly exposed to the forces of impact, which can lead to catastrophic injuries and even a cyclist’s wrongful death.
Many motorcycle accident survivors face long-term disabilities that can impact their ability to work, engage in daily activities, and maintain their quality of life. At Shane Smith Law, our experienced attorneys want to ensure you receive fair compensation for the damages you’ve suffered.
This may include:
- Medical Expenses: Coverage for current and future medical bills, including hospital stays, surgeries, medication, physical therapy, and more.
- Lost Wages: Compensation for time missed from work due to injuries sustained in the accident.
- Pain and Suffering: Damages for physical pain, loss of enjoyment of life, emotional distress, and mental anguish resulting from the accident.
- Property Damage: Reimbursement for repair or replacement of your motorcycle and other property that was damaged in the accident.
- Wrongful Death: If you’ve lost a loved one in a motorcycle accident, we can help you pursue a wrongful death claim to seek financial compensation for funeral expenses, loss of financial support, and other non-economic losses.
Punitive Damages and the Value of Your Motorcycle Accident Case
If you take your case to civil trial, you may receive punitive damages from a sympathetic judge. However, you may not request punitive damages in a personal injury claim, nor should you expect them when moving your case forward. Most judges only award punitive damages in cases involving gross negligence or recklessness.
You can discuss the possible value of your claim with our legal team during your initial consultation. You can trust our Charlotte, NC, motorcycle accident attorneys to take your financial burdens seriously. We want to advocate for your right to maximum compensation so you can pay your bills and retake control of your life.
Charlotte Motorcycle Accident Lawyer Near Me 980-246-2656
How Are Insurance Claims Different Than Motorcycle Accident Claims?
There are a few different ways you can financially recover from a motorcycle collision. Because North Carolina requires all drivers to invest in insurance, the negligent party involved in your crash should have coverage. You can subsequently file an insurance claim with a relevant provider.
However, you need to be prepared to fight insurance claims adjusters for the compensation you deserve. Providers can wrongfully deny your claim or minimize your losses. If they do, you can work with our team to file a personal injury claim against a liable party. These claims don’t require you to go to trial but instead give you the right to do so if the need arises.
If you’re not sure how to proceed with your fight for accident compensation, consider scheduling a legal consultation with our law firm. Our motorcycle accident lawyers in Charlotte can walk you through your options and support you, no matter how you choose to proceed with a case.
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How Can You Prove Liability After a Motorcycle Accident?
Insurance adjusters and civil judges both expect you to bring forward enough evidence to prove that you have the right to bring a personal injury lawsuit forward after a motorcycle collision. How do you gather that evidence? You can work with our law firm to:
- Argue that a liable party failed to uphold the duty of care they owed you at the time of your collision
- Look over an accident scene for evidence of negligence, including physical debris and environmental damage
- Speak with bystanders and organize witness statements going into detail about an at-fault party’s behavior at the time of an accident
- Gather electronic evidence, including cell phone records and app data, if applicable
- Collect paperwork relevant to your case, including an accident report
- Connect with expert witnesses, including police officers and emergency responders, to ask for statements regarding the nature of your accident
All this evidence comes together to create the narrative of negligence behind your accident. Without concrete evidence, you cannot name a negligent party or demand damages based on your losses. In other words, evidence makes your fight for compensation not only easier, but possible.
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Should You Accept the First Settlement Offer?
After a motorcycle accident, insurance companies often present a settlement offer quickly, hoping you will accept it before fully understanding the extent of your damages. While the initial offer may seem convenient, it is typically far from adequate in covering all your losses.
The first settlement offer is often calculated to minimize the insurance company’s liability, not to provide you with full and fair compensation. These offers frequently overlook critical factors such as ongoing medical expenses, future lost wages, and the physical and emotional toll of the accident.
Accepting the first offer also means waiving your right to pursue additional compensation later. This can be particularly problematic if you experience delayed symptoms or discover long-term injuries that require further medical treatment. Once you agree to a settlement, you cannot reopen your claim.
How to Maximize Your Motorcycle Accident Compensation
Before accepting any offer, it is crucial to assess the full extent of your injuries and the long-term financial impact of the accident.
Consulting an experienced motorcycle accident attorney in Charlotte ensures your claim is accurately evaluated and you receive a settlement that reflects the true value of your damages. A skilled attorney can negotiate with the insurance company on your behalf and, if necessary, take the case to court to secure fair compensation.
How Does Helmet Use Affect Your Claim?
In North Carolina, wearing a helmet is not just a safety measure—it is a legal requirement for all motorcycle riders and passengers. This law is intended to reduce the risk of serious injuries in the event of an accident. Helmet use can also play a significant role in determining the outcome of your motorcycle accident claim.
If you were wearing a helmet at the time of the accident, it demonstrates that you were following the law and taking reasonable precautions to protect yourself. This can strengthen your claim and make it easier to recover damages for your injuries.
The presence of a helmet can also limit the defense’s ability to argue that you contributed to the severity of your injuries.
Helmet Use and Contributory Negligence
However, if you were not wearing a helmet, the situation becomes more complicated. North Carolina follows a strict contributory negligence rule, which bars a victim from recovering any compensation if they are found to be even partially at fault for their injuries.
If the lack of a helmet is deemed to have contributed to your injuries, it could jeopardize your ability to secure compensation.
Can You File a Claim for Support if You Weren’t Wearing a Helmet?
It is important to note that not wearing a helmet does not necessarily mean you cannot file a claim. An attorney can help argue that your injuries were primarily caused by the other party’s negligence, not by your decision to forgo a helmet.
Additionally, if the accident involved damages unrelated to head injuries, such as broken bones or property damage, you may still be eligible for compensation.
In any motorcycle accident case, legal guidance is essential to navigate the complexities of North Carolina’s laws and contributory negligence standards. An attorney can evaluate your situation and advocate for the best possible outcome, regardless of whether you were wearing a helmet.
Our Charlotte Motorcycle Accident Lawyers Want to Help You
When you work with our Charlotte motorcycle accident attorneys, you can be confident that we will do everything in our power to protect your rights. We will investigate the accident, gather evidence, and work with experts to build a solid case on your behalf. Shane Smith Law will also negotiate with insurance companies and fight for your rights in court if necessary.
If you’re ready to discuss the legal strategy you can use to overcome the financial strain associated with your recent motorcycle accident, schedule your free case consultation today. We are here for you.
Call or text 980-246-2656 or complete a Free Case Evaluation form
