Motorcycle accidents are, unfortunately, common in North Carolina. According to the North Carolina Division of Motor Vehicles, there were 3,566 motorcycle accidents in 2018. Of those crashes, 2,806 involved injuries and 176 resulted in fatalities.
Motorcycles are a popular mode of transportation throughout the country. In North Carolina, motorcyclists travel along the roads every day, especially during the warm, summer months. It’s a thrilling experience for bike enthusiasts, but it comes with risks. With no airbags or seatbelt, an accident can cause life-threatening injuries.
In the wake of your accident, you might be facing an ever-increasing stack of medical bills and lost wages if your injuries prevent you from working. If this is your situation, it’s important to hire an experienced Monroe, NC motorcycle accident attorney to help you with your case.
Don’t hesitate to contact DeMayo Law Offices to speak with one of our motorcycle accident attorneys. You might be entitled to compensation for the damages you incurred. Whether your injury is minor or severe, it’s your right to hold the negligent party accountable for their actions.
To find out more information about our legal services and how we can help you, call us at (704) 291-9200 to schedule a free consultation. Our award-winning, knowledgeable motorcycle accident lawyers will listen to your story and review your legal rights and options.
Motorcyclists enjoy taking their bikes out for a ride when the weather is beautiful and the sun is shining. It’s an exhilarating experience and a convenient way to get around. Unfortunately, it can be a dangerous form of transportation. Despite taking necessary precautions, motorcyclists can’t protect themselves from outside elements. If you collide with a car or truck, you could get ejected and suffer debilitating injuries to your head, neck, or back.
Many drivers don’t notice when there’s a motorcycle next to them because of its smaller size. If a driver merges into your lane or attempts to make a turn, they might not see you. Most motorcycle accidents happen because of the other driver’s negligence.
Common negligent behaviors include:
Even if you ride safely, there are motorists around you who might not notice you near them or fail to follow traffic laws. It’s essential that you always pay attention to your surroundings and don’t assume other people know you’re riding next to them.
Our Monroe, NC motorcycle accident attorneys might be able to represent you in your case. When you hire us, we’ll open an investigation into the crash and locate evidence that proves the other party’s negligence.
The relevant evidence we’ll obtain includes:
North Carolina operates under a fault system, which means the person liable for a motor vehicle accident becomes financially responsible for resulting injuries and damages. Typically, you can recover compensation from their auto liability insurance.
It’s a legal requirement for all drivers to carry liability coverage. On the policy, there are limits for bodily injury and property damage. Those limits can cover damage to your motorcycle, medical bills, lost wages, and additional expenses you incurred. We can file an insurance claim on your behalf with the at-fault party’s liability insurance company and negotiate a settlement.
When an injured person files an insurance claim or a lawsuit, the goal is to win a monetary award that pays for their damages. There are some differences between these two methods of pursuing compensation.
An insurance claim gets filed with the insurance company. You could file a claim with your insurance, but if the other driver carries a policy, you should seek a settlement from them first. After filing the claim, there’s a process you’ll need to follow:
Most people will attempt to negotiate a fair settlement from an insurance claim before resorting to a lawsuit. If the insurance company denies your claim, or you’re unable to agree on adequate compensation, you can file a lawsuit.
In North Carolina, all lawsuits for personal injury cases, a category motorcycle accidents fall under, follow a statute of limitations. The statute of limitations is three years for a motor vehicle crash. That means you have three years from the date of your accident to sue. The deadline is strict, and if you miss it, you’ll likely lose all rights to pursue a monetary award.
When you decide to move forward with an insurance claim, you’ll need to know how much your case is worth. It’s challenging to come up with an exact number; however, there are some factors the insurance company will consider when providing a settlement offer.
There are two types of damages available: economic and non-economic. Economic damages are expenses related to the crash and the treatment you require. Coming up with an appropriate value is simple because there are billing statements, invoices, and receipts to review.
On the other hand, non-economic damages are difficult to calculate. They include intangible losses, such as physical pain, caused by the crash. It’s not easy to calculate, so the insurance adjuster will use their discretion to decide how much money you deserve for your suffering.
When you file your claim, you can ask for a settlement amount that covers the following damages:
There are also punitive damages available if you choose to file a lawsuit. Punitive damages don’t compensate injured victims for their economic and non-economic damages. Instead, it’s a form of punishment against the at-fault party for their negligent actions. It also aims to prevent them from committing similar acts in the future.
There’s no limit on the amount of economic and non-economic damages you can pursue; however, North Carolina law places a cap on punitive damages. The maximum compensation you can receive is $250,000 or three times the amount of your combined economic and non-economic damages.
Despite laws requiring all motorists to hold liability insurance, some don’t have any. If you get into a motorcycle accident and find out the at-fault driver doesn’t have insurance, you can file a claim with your insurance company.
UM/UIM stands for uninsured/underinsured motorist. UM is a type of coverage on your policy that can provide financial compensation for damages if the other person doesn’t have liability insurance. UIM coverage can supplement your damages if the liable motorist does have insurance, but their liability limits aren’t high enough. UM doesn’t cover property damage, but you can use it to reimburse medical treatment and lost wages.
MedPay is another optional coverage you could purchase. If your policy has MedPay, you can use it to pay your medical bills upfront like PIP coverage. It comes with a limit and only covers medical costs up to the limit you chose.
If you’re worried about the cost of hiring an attorney and decide to pursue compensation alone, that could end up being a mistake. When the victim of a motorcycle accident works on their insurance claim alone, they can get taken advantage of by the insurance company. You won’t know what your rights are or the settlement amount you’re entitled to.
At DeMayo Law Offices we know you’re already struggling. It’s a stressful time in your life and we don’t want to add any additional expenses to your plate. That’s why we take motorcycle accident cases on contingency. We don’t charge upfront legal fees or costs for new clients. When you hire us, you won’t owe us any money unless we settle with the insurance company or win your lawsuit.
Our Monroe, NC motorcycle accident law firm also provides free consultations. You can meet with us for free to talk about the details surrounding your motorcycle crash. We’ll discuss your legal options and let you know how we would proceed if you hire us. When you choose to use our services, we’ll begin working on your case immediately and try to resolve it as quickly as possible.
At DeMayo Law Offices, our Monroe, NC personal injury attorneys care about our clients. We’ll listen to your goals and create a plan to achieve them. Our experience, knowledge, and resources allow us to win the maximum compensation available. We want to help you recover from your injuries and get back on your feet.
If you were the victim of a motorcycle accident, call (704) 291-9200 today.