Common Motorcycle Crash Injuries
Motorcycle and scooter accidents can cause serious injuries to everyone involved, even death. Some of the most common motorcycle injuries our law firm sees in our cases are:
- Back and spine injuries
- Neck injuries
- Brain injuries (concussions and traumatic brain injuries or TBI)
- Sprained and bruised knees, ankles, wrists, hips, and shoulders
- Broken bones
- Fire, electrocution, and burns
- Eye injuries
- Hearing loss
- Amputations
- Chest and abdominal injuries
- Anxiety and psychological injuries
Motorcycle & Scooter Accident Claims Process
Motorcycle and scooter accident liability in North Carolina is determined by the state’s laws and regulations, which outline the rules and guidelines for determining who is responsible for damages and injuries resulting from a car accident.
According to North Carolina’s laws, the driver who is found to be at fault for the accident is responsible for any damages or injuries that occur as a result of the accident. This includes medical bills, property damages, and other costs related to the accident.
In general, the process for a motorcycle accident claim follows these steps:
- Notify insurance carriers.
- Insurance adjuster inspects vehicles and estimates damages.
- The property damage amount is negotiated and settled.
- If there are injuries, the injured driver receives medical treatment.
- Once the medical treatment is concluded or the injured driver reaches maximum medical improvement (MMI), the bodily injury claim is negotiated and settled.
- If the property damage or bodily injury claim is not settled, then a motorcycle accident lawsuit is filed.
Important North Carolina Motorcycle & Scooter Laws to Know
Our North Carolina state legislature has enacted numerous vehicle and traffic laws that pertain to all motor vehicles, including cars, trucks, SUVs, and other types of vehicles. There are many important North Carolina motorcycle laws that apply to help keep riders and other people on or around the roadway safe.
General Operation of Motorcycles in North Carolina
Motorcyclists must comply with the rules of the road as established by the North Carolina General Statutes (NCGS) that govern “Motor Vehicles” and set forth the rules of the road. Since motorcyclists must comply with all vehicle and traffic laws, they also get the privileges of operating as any other vehicle on the roadways.
Specifically, NCGS section 20-146.1 provides that all motorcycles are entitled to use the full lane of travel and no other motor vehicle can “deprive any motorcycle of the full use of a lane.” Although another motorcycle can ride “abreast” or next to another motorcycle in a lane, other vehicles cannot crowd a motorcycle without violating this law.
Motorcyclists Must Wear Helmets
Under North Carolina law, all motorcycle operators and passengers must wear a helmet while on a motorcycle that complies with federal regulations and is properly secured (NCGS section 20-140.4). This law is for safety reasons, as statistics from the Centers of Disease Control and Prevention (CDC) indicate that motorcycle helmets save an estimated 1,859 lives each year, reduce the risk of death by 37%, and reduce the risk of head injuries by 69%.
Contributory Negligence & Finding Fault in a Motorcycle Accident
If you were partially at fault for your motorcycle accident, you may have trouble recovering compensation without the help of an experienced North Carolina motorcycle accident attorneys. This is because North Carolina is a contributory negligent state as affirmed by a mid-level appellate court. Under the contributory negligence rule, an injured party is barred from recovering any damages from a defendant if the victim is even 1% at fault for the accident.
Although this is the minority rule in the United States (most states adopting the comparative fault rule), all motorcycle accident operators or passengers in North Carolina will have to follow this rule — even if you are not from North Carolina. If you’re involved in a motorcycle accident in North Carolina, you are subject to this harsh rule.
However, there are some ways around the contributory negligence defense. The most common defense is called the last clear chance doctrine, which allows a victim to still recover compensation where the defendant could have acted to avoid causing the crash or injuries to a person in peril, but did not. An example would be where a victim swerved into another lane to avoid a pothole, and the defendant could have easily avoided the collision by braking or compromising space, but didn’t and hit the victim.
A Guide to Motorcycle Accident Cases
Knowing what to do after being injured in a motorcycle accident can be overwhelming. Here are our professional answers to some common questions our motorcycle accident attorneys hear.
The initial moments and days after your motorcycle, scooter or moped accident are critical, not only for your well-being but for your chances for compensation, as well. These are the most important steps to take after your motorcycle crash:
- Take photos of your injuries.
- Take photos of the damage to your motorcycle or scooter and the other vehicles (including vehicle positioning).
- Visit a doctor if you haven’t already.
- Follow the doctor’s recommendations and attend all follow-up appointments.
- Write down a narrative of what happened while it’s still fresh in your head.
- Make a list of witnesses and their contact information if you know it.
- Follow any additional instructions from your attorney.
Determining the average settlement for a motorcycle and scooter accident claim is difficult because there are so many different types and severity of injuries. In North Carolina, according to statewide statistics, motorcycle and scooter accident cases settle for an average of $73,700, but a number of facts go into the value of a case. Those include:
- The amount of auto insurance coverage the defendant has
- The severity of your injuries and damages you sustained
- Who is at-fault and how bad their conduct was
However, cases may settle for more than the average when the best motorcycle injury law firm is on your side. On average, cases where the victim is represented by an injury attorney settle for larger amounts than when victims are unrepresented and try to handle their claims by themselves. It isn’t fair, but insurance carriers simply don’t take motorcycle and scooter accident claims seriously if the injured person isn’t represented by a lawyer.
Some of the most common causes of motorcycle and scooter accidents in North Carolina include the following:
- Failing to compromise space (give enough space for a motorcycle or scooter)
- Cutting off a motorcycle or scooter with an improper left turn
- Failing to fully check a blind spot for a motorcycle or scooter rider
- Speeding or driving too fast for the weather or traffic conditions
- Drunk driving or drugged driving, even if below the legal limit a driver could still be liable for a crash
- Distracted driving, including the use of a cell phone, tablet, laptop, GPS, radio, eating, interacting with a passenger or pet, or otherwise not giving full attention on the roadway
- Failure to yield to the right-of-way of a motorcyclist or bicyclist
- Running a stop sign or red light
- Unsafe backing into a motorcyclist
- Following too closely and rear-ending a motorcycle or scooter (Even if just a “bumper tap” it could still launch a rider.)
- Mechanical defects that cause a crash with a motorcycle or scooter
Not wearing a helmet or improperly wearing a helmet is a common issue in a North Carolina motorcycle or scooter accident. This is because the contributory negligence rule states that a victim who causes his or her own accident or injuries, even by 1%, could be barred from making a recovery. Therefore, in some states, the failure to not wear a helmet could be considered contributory negligence on behalf of the rider. This is known as the “helmet defense.”
However, NCGS section 20-140.4 (b) expressly provides that the failure to wear a helmet cannot be used to establish contributory negligence on the part of a rider. A defense lawyer and insurance adjuster will still try to use this against you, including trying to persuade a jury that it was your fault that you sustained injuries in a crash. Do not let this happen to you. Ask an experienced North Carolina motorcycle or scooter accident lawyer at Counsel Carolina for help with your case.