If another driver caused your injuries in an accident while you were riding your motorcycle, contact DeMayo Law Offices immediately. Tailgating is reckless behavior, especially when a motorcyclist is in front. If someone’s following you too closely and can’t stop in time to avoid a collision, you’re likely to suffer severe injuries. Some people die at the scene due to the violent nature of these types of accidents. In fact, 5,014 people died in motorcycle accidents in 2019.
The other driver involved in the accident could potentially be held liable for what they’ve done. They chose to tailgate your bike, and the results were devastating. You might require ongoing medical care to treat physical pain or immobility. If you become disabled, you might not be able to work or perform routine tasks. The crash and its aftermath can cause a significant financial and emotional burden.
At DeMayo Law Offices, our Charlotte tailgating motorcycle accident lawyers want to ensure you receive all the compensation you deserve. If you were not at fault, you shouldn’t have to pay for any expenses yourself. Call us at (704) 333-1000 for a free consultation and learn more about our legal services.
Common Reasons for Tailgating
When a driver is tailgating, it means they’re following the vehicle in front of them too closely. An adequate stopping distance is necessary for any driver to come to a complete stop. If they’re tailgating, avoiding a rear-end collision becomes a challenge.
According to experts, using the three-second rule could prevent an accident. All you have to do is pick out a stationary object and count how many seconds it takes for you to pass it after the car in front of you passes it. If it’s at least three seconds, there’s enough space to react and maneuver your vehicle safely if they suddenly stop or slow down.
Driver error is a common problem on roadways. People are rushing to work, texting on their cell phones, eating on the go, and caring for their children. Multi-tasking behind the wheel can lead to poor decision-making and inattention. Whether intentional or unintentional, tailgating often occurs, increasing the risk of an accident.
The most common reasons drivers engage in tailgating are:
- Distractions – If someone is paying attention to their cell phone or becomes distracted for another reason, they likely won’t notice that they’re approaching the vehicle ahead too closely.
- Drugs and alcohol – Driving under the influence impairs a person’s physical and mental faculties. They don’t have the ability to gauge the distance between their car and the vehicle in front of them.
- Road rage – Some motorists are aggressive behind the wheel and tailgate others on purpose. Whether they’re in a rush or angry that someone cut them off, they might ride someone’s bumper as retaliation or try to get a slow driver to move over.
No matter why another driver was tailgating you, an accident occurred, resulting in your injuries. You may have the right to pursue compensation and seek justice for what you’ve experienced. DeMayo Law Offices is ready to get started on your case and help you recover.
Steps You Need to Take After a Motorcycle Accident
If the other driver involved in the crash was tailgating your motorcycle, there are steps you should take immediately to protect your rights. Many times, accident victims will mishandle the aftermath, resulting in much less compensation than they deserve or no compensation at all. It’s crucial that you hire a Charlotte tailgating motorcycle accident lawyer as soon as possible. DeMayo Law Offices can start investigating and collecting evidence to build your case.
Once you leave the accident scene, you might need to go to the hospital for an evaluation of your injuries. The doctor could recommend a treatment plan to heal your injuries. Don’t ignore what they tell you. Follow their instructions and continue seeing all your medical providers until they inform you that treatment is no longer needed.
Medical records are among the most vital pieces of evidence in an accident case. Insurance companies will look at your treatment timeline to confirm your injury happened in the motorcycle crash and determine a settlement offer. If you waited weeks before your initial appointment or regularly skipped doctor’s appointments, the insurance company could use that as a reason to provide a low settlement or deny the claim altogether.
Compensation Available in an Insurance Claim
North Carolina law requires liability insurance for all registered vehicles in the state. The owner must carry adequate coverage at all times in case there’s an accident. When purchasing a policy, they must include minimum limits of $30,000 for bodily injury and $25,000 for property damage.
If you are not at fault, North Carolina’s fault system holds the at-fault driver financially responsible for the victim’s injuries and losses. If the other driver caused an accident while you were riding your motorcycle, you could file a liability claim with their insurance company for compensation of your losses, such as:
- Medical bills
- Property damage
- Pain and suffering
- Lost wages (through Workers’ Compensation)
The insurance company will review your total losses and the evidence they found during their investigation to decide what settlement amount they want to offer you. You might think they will treat you fairly, but they typically want to avoid large payouts to save money. They might try to shift fault away from their policyholder, so they don’t have to provide you with compensation.
It’s critical that you don’t communicate with them while they’re working on your claim. If you say the wrong thing, they could use your words against you and deny the claim. DeMayo Law Offices can discuss your case with the insurance company and negotiate a settlement on your behalf.
Pursuing Compensation from an Uninsured Driver
If you discover that the other driver doesn’t have liability insurance, don’t give up. There are other options for recovering compensation for your losses. One is to file a lawsuit. If you want to sue someone, you must adhere to a strict deadline. North Carolina has a three-year statute of limitations, meaning you have three years from the accident date to file your lawsuit for personal injuries.
Another option for seeking compensation after a motorcycle accident with an uninsured driver is to file a claim with your insurance company. Besides liability insurance, state law also requires all drivers to purchase UM coverage. Uninsured/underinsured motorist coverage is available when the at-fault driver doesn’t carry liability coverage or have high enough limits to cover the victim’s losses.
When you file a claim, the losses you can pursue are:
- Medical expenses
- Property damage
- Pain and suffering
- Lost wages
Optional coverage you may have on your policy is called Medpay, also known as medical payments. State law doesn’t require it, but if you chose to include it as part of your insurance coverage, you could use it for your medical treatment.
Limits are typically between $1,000 and $10,000. It’s not much and usually won’t cover all medical bills, but it can help. It works much like health insurance by providing upfront payment for your doctor visits. Once you use up your total limits, you’ll have to find another source of compensation if you require further treatment.
Your Charlotte tailgating motorcycle accident lawyer from DeMayo Law Offices will assist you with the insurance claim. We can request copies of all available policies and determine the coverage amounts.
The Charlotte tailgating motorcycle accident lawyers of DeMayo Law Offices have been representing accident victims since 1992. We dedicate our time and attention to each client who walks through our office doors. With over 150 years of combined experience, you can feel confident knowing we can meet your needs and achieve your legal goals.
Our dependable legal services aren’t the only aspect of our firm that sets us apart from others. We genuinely care about the members of our community and participate in various programs to keep people safe and help the less fortunate. We also support many local and national charitable organizations.
Our legal team is available 24/7 to provide you with real-time assistance. We know the frustration that comes with waiting for someone to call you back. We don’t want you to become discouraged when trying to seek representation after a motorcycle accident. You’ll be able to reach us when you need us the most.
At DeMayo Law Offices, our Charlotte tailgating motorcycle accident lawyers will fight by your side until the end of your case. We will be there to walk you through each step of the process and provide the support you need to get through this traumatic time in your life. You won’t be alone while we’re pursuing the justice you deserve.
If you sustained injuries in a tailgating accident on your motorcycle and want to discuss your case with a dedicated and compassionate attorney, call us at (704) 333-1000 right now for your free consultation.