You can sue if you were partially to blame for a motorcycle wreck if you live in a state that allows comparative fault. However, in North Carolina, the law follows a contributory negligence rule, which means you typically cannot recover damages, even if you are 1% at fault for the accident.
This strict rule can make it difficult for victims to seek compensation if they share any blame. That’s why it’s important to contact a Charlotte motorcycle accident lawyer who can advise you on your legal options.
Our lawyer will evaluate your case, determine if exceptions apply, and explore legal options to pursue compensation for your injuries, even if you are unsure about your role in the accident.
What is Contributory Negligence in North Carolina?
Negligence occurs when someone fails to act with reasonable care and harms another person. It is the basis for most personal injury cases because victims must prove the other person’s carelessness caused their injuries.
However, in North Carolina, the concept of contributory negligence can make this more complicated by preventing victims from recovering damages if they share even a small part of the blame for the accident. Even if you were 1% responsible for a motorcycle wreck, you may not be able to sue the other person, even if they were mostly to blame.
The contributory negligence rule makes it very hard for injured people to recover damages if there’s any evidence they did something wrong. For example, if you were speeding just before the accident, the other driver might argue that you share some of the blame, which could prevent you from winning your case.
Are there Exceptions to Contributory Negligence?
Even though North Carolina’s contributory negligence rule is strict, some exceptions exist. For example, if the other driver acted with gross negligence or reckless behavior, you might still be able to recover damages.
Gross negligence happens when someone acts carelessly to the point that it puts others in serious danger. An example of gross negligence in a motorcycle accident could be if the other driver was driving while drunk or speeding through a red light.
In these cases, their actions might outweigh any minor fault on your part, allowing you to sue for damages.
For a free legal consultation, call (877) 333-1000
How to Prove Negligence Occurred in a Motorcycle Wreck
If you were in a motorcycle wreck, here are steps you can take to help prove the other driver’s negligence and protect your case:
Gather Evidence
Take photos of the accident scene, your motorcycle, and any damage. Get contact information from witnesses and write down what they saw. Make sure to get a copy of the police report, which can have important details about who was at fault.
Seek Medical Help Immediately and Document Injuries
Even if you feel OK, see a doctor to check for injuries. Not all injuries are apparent or surface immediately after an accident. Keep all medical records and receipts to show how the accident affected your health and finances.
Contact a Motorcycle Accident Lawyer for a Case Evaluation
Our Charlotte personal injury lawyers can review your case and look for ways to prove the other driver was more at fault. They can also help you find exceptions to contributory negligence, if any apply.
How We Can Help if You Share Partial Fault in a Motorcycle Crash
If you were partially at fault for a motorcycle accident, our motorcycle accident lawyers will build your case to show the other driver was primarily responsible. In North Carolina, where contributory negligence laws are strict, this is especially important.
Here’s how we can help:
- Investigating the accident: We gather evidence like police reports, witness statements, and traffic camera footage to prove the other party caused the crash.
- Highlighting the other driver’s negligence: We know how to prove liability in motorcycle crashes. By showing that the other driver was speeding, distracted, or breaking traffic laws, we can build a case that shifts responsibility away from you.
- Finding exceptions to contributory negligence: If the other driver acted with gross negligence or recklessness, we can argue that they bear full responsibility, even under North Carolina law.
- Challenging any fault claims against you: If the other driver or their insurance company tries to blame you, we’ll use evidence to challenge those claims and defend your role in the accident.
- Working with experts: Accident reconstruction experts can recreate what happened to support your side of the story.
- Negotiating with insurance companies: We will review your insurance policy to understand what is covered, manage communications with insurers, and handle disputes if the insurer denies your claim or offers a low settlement because of contributory negligence.
- Representing you in court: If a fair settlement isn’t possible, we’re ready to take your case to trial and fight for your rights.
We Will Take on the Challenging Issues You May Face After the Crash
We understand the unique challenges motorcycle riders face in accident cases. These include unfair perceptions and biases that can influence insurance adjusters, juries, and even police reports, making it harder for riders to prove they weren’t at fault for a crash.
We also understand that motorcycle insurance works differently from car insurance in several ways and how these differences can complicate the claims process after an accident.
For example, because riders are considered higher-risk drivers, insurers may charge higher premiums while trying to avoid paying out claims to keep their costs down. Some policies for motorcycles may exclude certain types of coverage, like passenger injuries or custom bike parts, which can leave gaps in your claim.
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How Long do You Have to File an Injury Lawsuit in N.C.?
In North Carolina, the statute of limitations for personal injury cases is generally three years from the date of the injury, as outlined in G.S. § 1-52.
This means you have three years to file a lawsuit against the at-fault party for damages like medical expenses, lost wages, or pain and suffering caused by the accident.
If you fail to file your lawsuit within this period, your case will likely be dismissed, and you may lose your chance to recover any compensation. You can connect with our team now to discuss your potential case.
Complete a Free Case Evaluation form now
Find Out if You Can Sue, Even if You are Partially to Blame for a Motorcycle Wreck
We have advocated for injured people since 1992, recovering over $1 billion for our clients. We understand how challenging the legal process can be—especially in North Carolina, where strict contributory negligence laws might prevent you from suing if you share the blame for a motorcycle wreck.
That’s why people have turned to our injury attorneys for help over the years. When you hire us, our legal professionals will handle the entire process, including investigating your accident and building a strong claim.
At DeMayo Law Offices, we put your needs first. You don’t pay anything upfront—no retainers or fees—because we work on a contingency basis. If we don’t win your case, you owe us nothing. Let us fight for the compensation you deserve. Contact us for a free consultation.
Call or text (877) 333-1000 or complete a Free Case Evaluation form
