Motorcycle accidents are traumatic experiences that can lead to severe injuries and fatalities. When a collision happens with another vehicle, the rider usually either lands on the pavement or crashes into a car or stationary object. After an accident, our Hickory motorcycle accident lawyers are here to advocate for you and get you the care and money you deserve.
If you or a loved one have been injured in a motorcycle accident, schedule a consultation with a Hickory personal injury lawyer to learn about pursuing financial compensation. Our team is here to handle all of the legal legwork of your case while you relax and focus on healing.
DeMayo Law Offices has helped over 125,000 clients receive the compensation they deserve and recovered over $1 billion in verdicts and settlements for our clients. For more than 30 years, we’ve been helping accident victims in North Carolina get the money they are entitled to win for serious injuries and wrongful death. Learn how we can help you during a free consultation.
Common Causes of Motorcycle Accidents in Hickory
Understanding how motorcycle accidents happen is important when determining who is at fault for a crash. 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. At DeMayo Law Offices, we know how to investigate a motorcycle crash to determine its cause and how to prove it in court.
Common factors contributing to motorcycle accidents in Hickory and nationwide include:
- Improper left turns: Collisions often occur when other vehicles make left-hand turns in front of motorcycles at intersections.
- Unsafe lane changes: Motorists may fail to check blind spots, leading to collisions when changing lanes.
- Speeding: Excessive speed increases the risk of accidents and reduces the rider’s ability to react to hazards.
- Dooring: Opening car doors without checking for approaching motorcycles can lead to severe accidents.
- Head-on collisions: Often caused by drivers veering into oncoming traffic, head-on collisions are among the most devastating crashes.
Regardless of the severity of the accident, if you or a loved one have been involved in a crash, it’s important to seek prompt medical attention. Some injuries may not be immediately apparent and could worsen if left untreated.
For a free legal consultation with a motorcycle accident lawyer serving Hickory, call (877) 333-1000
Common Injuries Sustained in Motorcycle Crashes
Since motorcycles offer very little protection to riders and passengers, crash injuries are often debilitating or life-threatening. While it’s helpful to observe the usual safety tips for motorcycle riders, there isn’t much you can do to prevent physical harm when another vehicle hits you.
You don’t have an airbag, seatbelt, or metal structure surrounding you. The only protection you have is the helmet on your head and the clothes you put on that day. Even if you sustained a minor injury in a motorcycle accident, you’re still eligible to seek compensation.
Injuries you could suffer in a motorcycle crash include:
- Fractures and breaks: These injuries commonly affect the limbs, such as the wrists, shoulders, elbows, and hands, due to the impact of the crash.
- Severe lacerations and road rash: Impact with the road or other objects during a crash can result in deep cuts, lacerations, and scrapes, leading to extensive bleeding and tissue damage.
- Concussion: A concussion occurs when the brain experiences trauma from sudden impact or acceleration, leading to symptoms like headache, confusion, and dizziness.
- Traumatic brain injury (TBI): Serious head trauma can lead to long-term cognitive and physical impairments, affecting memory, speech, and motor function.
- Spinal cord injury: This type of injury can result in partial or complete loss of motor control and sensation below the affected area, leading to paralysis or loss of function.
- Dismemberment: Severe motorcycle accidents can result in traumatic injuries leading to the loss of limbs or body parts, impacting the victim’s quality of life.
- Paralysis: Spinal cord injuries can cause paralysis, affecting mobility and sometimes resulting in permanent disability.
- Disfigurement: Motorcycle crashes can cause severe facial injuries and scarring, resulting in permanent disfigurement and psychological trauma.
Some of the injuries listed above could change your life forever and create financial strain if you’re unable to return to work. If that happens, you’ll need money to pay for ongoing treatment to manage your pain and other symptoms. If a loved one passes away as a result of a crash, our compassionate wrongful death lawyers in Hickory are here to help you seek justice.
Hickory Motorcycle Accident Lawyer Near Me (877) 333-1000
Proving Negligence in a Motorcycle Accident Case
To receive compensation in a motorcycle accident case, you must first prove negligence. Negligence is the failure to take reasonable care during a specific action.
Elements of Negligence
There are four main elements of negligence that you’ll have to prove existed at the time of the crash in order to base your claim on negligence.
These include:
- Duty: The at-fault party owed you a legal duty of care to prevent you from suffering physical harm.
- Breach: The at-fault party breached that duty with an action or inaction.
- Causation: The breach was a direct cause of your injury.
- Damages: You incurred damages as a result of the motorcycle accident and resulting injuries.
Examples of Negligent Actions
The most common examples of negligence other drivers exhibit include the following:
- Failure to yield the right of way
- Impaired driving
- Speeding
- Texting while driving
- Failure to follow traffic lights, signs, or laws
- Tailgating
- Failure to check blind spots
Basically, if the other driver involved in your crash behaved in a way that a reasonable person would consider negligent or reckless, you may qualify for compensation through an insurance claim or a lawsuit.
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Proving Fault After a Motorcycle Crash
To prove another person caused your motorcycle crash, you need to collect relevant evidence, which you can present to the insurance company or a jury. Your Hickory motorcycle accident attorney from DeMayo Law Offices will take care of this step on your behalf.
When you hire one of our lawyers, we’ll open an investigation into the crash and begin gathering vital evidence that shows the other person was at fault, such as:
- The accident report from the Hickory Police Department
- Witness statements
- Video surveillance footage
- Photos of the accident scene and vehicle damage
- Car repair estimates or bills
- The negligent driver’s driving records
- A copy of the auto insurance policy
- Your medical records and bills
- The other motorist’s cell phone records
We have various resources at our disposal to collect sufficient evidence to prove your claim. Most motorcycle accident victims don’t have access to these resources, which often causes problems when they try to pursue a personal injury claim alone.
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Available Compensation in a Motorcycle Crash Case
Once you decide to pursue a claim after getting hurt in a motorcycle wreck, you might wonder how much money you could receive. Estimating damages in an injury lawsuit isn’t only about lost wages due to missed time at work or motorcycle repair estimates – there are a specific set of losses for which damages can be obtained, and your Hickory motorcycle accident lawyer will be able to ensure no money is left on the table.
Since accidents affect people differently, it’s impossible to estimate your payout without knowing the specifics of your case. Our team reviews all relevant case law to determine exactly how much compensation is needed to recover all your losses – and not just the ones visible to the naked eye. Mental health is most important and your compensation should reflect this.
The maximum settlement available will depend on multiple factors, including:
- Type and severity of the injury
- Duration of treatment
- Disfigurement or disability caused by the injury
- Available insurance coverage
- The amount of evidence against the other party
- Description of the accident in the police report
- The medical care needed to achieve maximum recovery
- Impact of the injury on daily life
- Time spent away from work due to the injury
Don’t settle with the insurance company for less than your case is worth. Hiring a lawyer is the best way to seek the maximum settlement you deserve. Our experienced motorcycle accident lawyers in Hickory, NC, can help you understand the extent of your damages.
Pursuing Damages After a North Carolina Motorcycle Crash
Damages come in three major categories: economic, non-economic, and punitive. Economic and non-economic damages compensate injured victims for their expenses and the pain they endured. Punitive damages are a form of punishment for the person who caused the crash.
While every case is unique, available damages after a motorcycle accident in Hickory may include the following:
- Past and future medical treatment
- Lost wages and lost future wages
- Motorcycle repairs
- Damage to personal property
- Out-of-pocket costs
- Prescription medication
- Pain and suffering
- Punitive damages (in certain situations)
If you’ve been injured while riding, one of our motorcycle accident attorneys in Hickory, NC, can review your options for compensation based on the particulars of your accident.
What to Do If the Other Driver doesn’t Have Insurance
North Carolina law requires all motor vehicle operators and owners to carry auto insurance with minimum bodily injury and property damage limits. Unfortunately, many people in our state drive around without coverage.
If the at-fault party doesn’t have liability insurance available to seek compensation, you can pursue a settlement with your own insurance carrier.
Uninsured/Underinsured Motorist Coverage
North Carolina also requires drivers to carry UM insurance. UM stands for uninsured/underinsured motorist coverage. This insurance covers the victim of an accident when the at-fault driver doesn’t have insurance or their limits of liability aren’t high enough to cover the total damages.
You would file a claim with your UM carrier just like you would with liability insurance. Evidence of a motorcycle accident that led to your injury and necessary treatment would be submitted to the insurance adjuster assigned to the claim for review. You’ll have to negotiate a settlement based on the UM limits you purchased on your policy.
You could also use your UM coverage to supplement your liability coverage. Let’s say the negligent party only carries $25,000 in bodily injury, but your medical expenses total $40,000. If you have $25,000 in UM insurance, you could file a claim with your insurer to make up the difference in damages you incurred.
Settling With the Insurance Company vs. Filing a Lawsuit
Our law firm has a proven track record of successful verdicts and settlements. So, whether you decide to settle your claim or sue the at-fault driver is entirely up to you. We will advise you on your best options, but it’s ultimately your decision as to how you want to proceed.
Negotiating an Insurance Settlement
Generally speaking, victims of motorcycle accidents will begin their case with an insurance claim and seek the maximum compensation available. If the insurance company denies the claim or refuses to offer a fair settlement, the injured party will file a lawsuit.
Filing a Civil Lawsuit
If you decide to sue the negligent motorist, you could receive a financial award for both compensatory and punitive damages. You’ll also be able to seek justice by sitting in front of a jury and holding the other party responsible for their recklessness.
However, there are disadvantages to filing a lawsuit that you should know about, such as:
- In a trial, the defendant can appeal the verdict that granted you compensation. If the court decides to allow the appeal, you could lose the money the jury originally awarded you.
- Litigation can drag out for months or even years, while settlements can get resolved faster and put money in your pocket sooner.
- The victim isn’t as involved in a settlement as they are in a lawsuit. Your Hickory motorcycle accident attorney can handle most of the steps in an insurance claim; however, lawsuits involve discovery requests, depositions, and mediations, which you must participate in.
- Court records become public, so everything that happens in a lawsuit is no longer a private matter. On the other hand, settlements typically happen behind closed doors and remain private.
Our team aims to settle our clients’ cases before we need to go to trial. Our goal is to ensure the insurance company pays you the compensation they owe you for your injury and the damages you suffered from their policyholder’s negligence. However, we are always prepared to file a lawsuit against the liable party and fight for you in court if needed.
Call DeMayo Law Offices Today
If you sustained an injury in a North Carolina motorcycle accident, DeMayo Law is here to help. We will handle everything on your behalf, from filing the claim to negotiating a settlement with the insurance company. We’ll review your case and help you make the best decision about seeking compensation. If you choose to move forward with us, we’ll provide the personalized legal representation you deserve.
Our motorcycle accident lawyers in Hickory, NC, are known for providing excellent customer service, honest communication, and compassionate emotional support. We know how hard this situation is for you and you deserve a fair chance at pursuing compensation. This time is traumatic, stressful, and something you want to move on from as soon as possible. Someone else’s bad decisions caused your injuries, and they should be the ones to pay for your damages.
When you trust us with your case, we’ll work efficiently to reach a favorable outcome so you can recover from your injury and put the pieces of your life back together. Your North Carolina Law Firm™ will fight for justice on your behalf. Contact us to schedule your free consultation today.
Call or text (877) 333-1000 or complete a Free Case Evaluation form
