Being on the open road on a motorcycle is a refreshing experience. Yet, with this exhilaration comes great danger and risk. Some of the same elements that make motorcycles so much fun and absolutely unique, like speed, agility, and exposure to sunshine, also expose riders to a significantly greater risk of injury or death.
If you were in a crash, an experienced motorcycle accident lawyer in Charlotte will help you get the medical treatment and care you deserve to recover the money you will need to put your life back together. The team of experienced lawyers and staff at DeMayo Law Offices has over 250 years of combined legal experience.
You can depend on Your North Carolina Law Firm™! You can rely on the Charlotte personal injury lawyers at DeMayo Law to get you the care and money you deserve. It does not cost anything to see if we can help. Call us today to schedule your free consultation with our team.
Why You Should Hire Our Charlotte Motorcycle Attorneys
For more than thirty years, we’ve been helping accident victims in North Carolina get the money they are entitled to for serious injuries and wrongful deaths. We’ve helped over 125,000 clients receive the compensation they deserve.
We have over 120 legal professionals on staff with different areas of focus so that we can offer comprehensive legal representation. Our experienced legal team includes:
- Charlotte motorcycle texting while driving lawyers
- Charlotte blind spot motorcycle accident lawyers
- Charlotte driving while tired accident lawyers
- Charlotte motorcycle lane change accident lawyers
- Charlotte motorcycle drugged driver accident lawyers
- Charlotte motorcycle drunk driver accident lawyers
- Charlotte motorcycle speeding accident lawyers
- Charlotte motorcycle tailgating accident lawyers
- Charlotte red light motorcycle accident lawyers
- Charlotte road rage motorcycle accident lawyers
The primary reason you should choose our experienced personal injury law firm is that we deliver substantial verdicts and settlements for our clients.
While we can’t guarantee an outcome for your case, we will put all our experience to work for you and your family. We’ll invest our skills, knowledge, and resources into the success of your case.
We Deal With Facts
A motorcycle collision can be devastating physically and emotionally. You may be frustrated, angry, or depressed, all while dealing with insurance companies that seek to minimize your recovery and repairs.
Trying to file a claim on your own will likely lead to even more stress and disappointment.
The insurance company wants to deny, disclaim, devalue, delay, or distract so that they pay the least or nothing on the claim.
Working for yourself against an insurance company that has its own team of experienced legal professionals working against you can e overwhelming and will take a lot of time and energy.
Hiring DeMayo Law means you have a professional advocate on your side, guiding you every step of the way. We keep the conversation centered on your needs and handle any roadblocks, limiting your stress.
We Have to Win for You to Pay
When people choose not to hire a lawyer, they do so because they think it will cost them money upfront. Wrong! It costs nothing unless we win your case.
Many people think they don’t have the financial means to hire a motorcycle accident attorney in Charlotte, NC, after an injury. However, everyone should have equal access to the best legal assistance, regardless of their economic situation.
At DeMayo Law Offices, you do not pay us anything unless we win your case. You do not pay anything upfront: no retainer, no fees, not a dime.
We investigate the accident, build your injury claim, deal with the responsible party’s insurance company, and go through the entire claims process with you. You get better; that is your job.
We will fight to get you maximum compensation, even taking your case to court if necessary. If we do not successfully secure a settlement or award in your favor, you owe us nothing. If we are successful, we take an agreed-upon percentage of the amount you receive; it’s that simple.
This arrangement allows accident victims from all backgrounds to rely on our services.
For a free legal consultation with a motorcycle accident lawyer serving Charlotte, call (877) 333-1000
Available Compensation After a Motorcycle Accident in Charlotte
Estimating damages in an injury lawsuit isn’t just about lost wages due to missed work time or motorcycle repair estimates. There is a specific set of losses for which damages can be obtained, and if you don’t have a personal injury lawyer’s help in preparing your claim, you may be leaving the money you’re owed on the table.
Damages can include several different types of losses, both economic and non-economic. Economic damages (like medical bills or property damage) are easy to calculate. However, quantifying non-economic damages (such as pain and suffering and diminished quality of life) takes knowledge and extensive experience.
We will review relevant case law to determine exactly how much compensation is needed to recover all your losses, not just the ones visible to the naked eye. Mental health is even more important than repairing your motorcycle, and your compensation should reflect this.
Major Compensatory Damages
You could receive compensation for the following kinds of damages:
- Repairs to or replacement of your bike
- Past and future medical costs
- Loss of income
- Lost future wages
- Pain and suffering
- Emotional distress
- Diminished quality of life
An experienced motorcycle accident lawyer in Charlotte, NC, will begin investigating immediately after you hire us. Collecting evidence while it’s still fresh will help prove that the other motorist was to blame for your injuries.
You shouldn’t try to deal with the insurance company by yourself. Hiring a lawyer is the best way to seek the maximum settlement you deserve. Motorcycle crash victims who try to file a claim without legal representation often receive less than those who hire an experienced attorney.
Punitive Damages
In North Carolina, punitive damages may be awarded in certain cases to punish the defendant for egregious conduct, such as DWI, and deter others from similar behavior.
Unlike compensatory damages, which aim to compensate the injured party for losses, punitive damages penalize the defendant for intentional or willful wrongdoing.
To secure punitive damages in North Carolina, you must demonstrate that the defendant’s actions were committed with malice, fraud, or willful and wanton conduct.
It’s important to note that North Carolina caps punitive damages, limiting them to the greater of three times the amount of compensatory damages or $250,000.
Charlotte Motorcycle Accident Lawyer Near Me (877) 333-1000
Our Charlotte Motorcycle Accident Lawyers Won’t Let the Insurance Companies Take Advantage of You
Insurance companies don’t have to be straight with you. Insurance adjusters will not concern themselves with whether your case has any merit; they just want to pay you less. Using different tactics, they will try to convince you that your injuries aren’t worth the compensation you’re requesting and convince you to accept less money.
Insurance adjusters might present themselves as empathetic allies genuinely interested in helping your journey toward healing. They could also dismiss your claim entirely, strategically banking on the passage of time and the North Carolina statute of limitations to elapse, preventing you from taking legal action.
Another tactic adjusters might employ involves tempting you with a quick monetary offer, packaged as a structured settlement, contingent on your agreement to forgo any claims against their client. This maneuver seeks to exploit the financial strain often associated with the aftermath of a motorcycle crash.
Let an Attorney Deal With Insurance
Dealing with insurance companies takes in-depth legal knowledge and negotiation skills. Our Charlotte motorcycle accident attorneys have years of experience with injury claims and have perfected legal strategies that deliver results.
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Build a Strong Motorcycle Accident Case
Time is of the essence in building a winning personal injury claim. Over time, witnesses might forget relevant details, and some evidence (like tire marks) could be destroyed or lost. We need to investigate early to obtain everything we need. Call us as soon as possible after the collision so we can access fresh evidence.
Important evidence for your motorcycle claim includes:
- Eyewitness testimony
- The police crash report
- Repair estimates or current value for your motorcycle
- Medical records and billing statements, physician notes, prescription medicines, hospital and surgery reports, and other documents related to your treatment
- Your recorded statement
- Copy of the liable driver’s auto insurance policy
- Photos of the crash site
- Video surveillance of the collision
At DeMayo Law Offices, innovation is a cornerstone of our approach to crafting winning personal injury cases. We pride ourselves on adopting inventive strategies that set us apart in the legal landscape. Embracing a culture of forward-thinking and calculated risks, we recognize that true progress often demands stepping beyond conventional boundaries.
Our commitment to building a strong case fuels our exploration of new avenues, integration of cutting-edge technologies, and pioneering inventive methods for legal problem-solving.
This innovative mindset ensures that we leave no stone unturned and gather every shred of evidence that could help your motorcycle accident case.
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How Contributory Negligence Impacts Compensation
North Carolina is one of the few states that follows a contributory negligence rule. Under this system, the injured party can not be at fault for any part of the accident to be able to recover compensation.
If an insurance adjuster or jury finds you even 1% to blame, even if the defendant is 99% at fault, you will get nothing. You will be awarded no money if you are found even partially at fault. Our Charlotte motorcycle accident attorneys will protect your right to full, fair compensation.
Successfully proving negligence requires compelling evidence that clearly establishes the defendant’s sole responsibility for the incident while refuting any suggestion of contributory fault on your part. As the victim, you will face the burden of proof in showing the defendant’s negligence.
North Carolina Is a Fault State for Motorcycle Crashes
In North Carolina, motorcycle crashes are governed by a fault system, meaning that the at-fault party is responsible for the resulting damages. Unlike no-fault systems, where each party’s insurance covers their own losses, fault states require the responsible party’s insurance to compensate the injured party.
Determining fault involves assessing the actions of each involved party and identifying the one primarily responsible for the collision. Our motorcycle accident lawyers in Charlotte, NC, will help you prove fault and recover your losses.
Uninsured or Underinsured Motorist (UM) Coverage in North Carolina
Even though North Carolina law requires all drivers to hold liability insurance, some don’t. Whether they didn’t renew their policy after it expired or their insurer canceled it for lack of payment, many drivers don’t have the appropriate insurance coverage.
If you get hurt in a motorcycle crash, and the at-fault driver doesn’t have liability insurance, you can file a claim with your UM insurer. This compensates you when the negligent party either doesn’t carry insurance or their limits don’t cover your total damages.
North Carolina law requires UM insurance, just like liability insurance. The limits you choose to purchase will determine the maximum settlement you can pursue in a claim. UM usually covers the same damages as liability insurance, including medical expenses, motorcycle repairs, and pain and suffering.
What Happens if the At-Fault Driver Flees the Scene?
If the other driver fled from your accident, the insurance company treats it the same as getting into a wreck with an uninsured motorist. You’ll file a claim with your UM insurer to get compensation.
If the driver is later found, has insurance, and your damages are worth more than what you received from your UM insurance, you can pursue a claim for the remaining damages. You will need to keep careful records of which damages your UM coverage paid for so you don’t get double compensation for the same damages.
Your UM insurer will also file a separate claim against the at-fault driver to reclaim what they paid you. This process is called subrogation and will likely happen automatically without your involvement.
North Carolina’s Statute of Limitations for Personal Injury Lawsuits
The statute of limitations is a law that determines the amount of time you have to initiate legal proceedings against the defendant. In most cases, you only have three years in North Carolina to initiate a personal injury lawsuit. That may seem like a long time, but insurance claims can take months or years to resolve.
If you need to file a suit and the deadline has already passed, a judge can dismiss your case. The sooner you file a claim, the better your chance of winning the maximum compensation you deserve. Reach out to our motorcycle attorneys in Charlotte as soon as you can to give us more time to strengthen your claim before the deadline.
How Your Injury Could Affect the Outcome of Your Case
Even if you sustained a minor injury in a motorcycle accident, you’re still eligible to seek compensation. The amount of financial damages you can receive depends on the injuries you suffer. The more severe the injury, the higher the settlement will be.
Motorcycle accident injuries that typically lead to more significant damages for victims include:
- Traumatic brain injuries (TBI)
- Head trauma
- Loss of limb
- Spinal cord injuries
- Broken bones
- Burns
- Road rash
- Internal damage or organ injury
Severe injuries that cause permanent disability can affect your ability to return to the job you had before the crash. Our catastrophic injury lawyers in Charlotte can help you file a claim to demand reimbursement for your expenses, helping you afford continued treatment for your injuries.
Why Motorcycle Accidents Are More Dangerous Than Car Accidents
Most motorcycle accidents in the United States result in either injury or fatality to the rider. This is because motorcycles leave the rider unprotected. When you are in a car, you have an airbag, a seatbelt, and an engineered metal structure to protect you. Bikes can’t shield you from an impact in the same way.
Helmets provide some protection but can’t prevent all injuries when collisions involve high speeds and heavy vehicles. The force of a multi-ton vehicle is too strong for motorcycle riders to rely solely on safety gear for protection. Also, you risk being thrown from the bike and sustaining injuries from flying debris.
What to Do After a Fatal Motorcycle Accident
Even with immediate medical attention, some motorcycle accidents are fatal. The victim’s family can file a wrongful death claim to hold negligent drivers accountable when they kill a motorcycle accident victim.
Through these claims, survivors of the deceased can get a fair settlement to cover the final costs and sudden loss of their loved one. Financial compensation cannot bring a loved one back but can prevent additional financial burdens caused by their loss.
If you are in this unfortunate situation, the insurers will do their best to force you to settle quickly. Don’t let them do it. Instead, contact DeMayo Law Offices for a free legal consultation.
Common Causes of Motorcycle Accidents
If you can prove the motorcycle wreck happened through no fault of your own, you have the right to seek compensation for your injuries from the responsible party.
That’s why hiring a Charlotte motorcycle accident lawyer is so important. At DeMayo Law Offices, we know how to investigate a crash to determine its cause and how to prove it in court.
The most common reasons other drivers cause motorcycle accidents include:
- Driving drunk
- Driving under the influence of drugs
- Driving while tired
- Speeding
- Tailgating
- Failing to yield the right of way
- Lane change
- Failing to check blind spots
- Running a red light or stop sign
- Reckless driving
- Road rage
Sometimes, environmental or situational factors contribute to crashes. If motorists don’t adjust their behavior to account for dangerous situations, like adverse weather or construction, they risk causing a collision.
An experienced motorcycle accident lawyer in Charlotte will investigate the circumstances of the collision and determine what caused it.
Don’t Let the Insurers Take You for a Ride
With over $1 billion in judgments and settlements for our clients, we’re confident that we can assist you with your motorcycle accident claim. We have over 120 legal professionals on staff with different areas of focus, so we can offer comprehensive legal representation.
Whether your case is big or small, Your North Carolina Law Firm™ will fight for justice on your behalf. Call one of the Charlotte motorcycle accident lawyers at DeMayo Law Offices now and get the help you need against the insurance companies.
Call or text (877) 333-1000 or complete a Free Case Evaluation form