Monroe Motorcycle Accident Lawyer

Motorcycles are a popular mode of transportation in Monroe, NC, especially during the warm summer months. Unfortunately, riding comes with inherent risks. Some of the same elements that make motorcycles so much fun and absolutely unique, like speed, agility, and the being out in the elements exposed to the sunshine also exposes riders to significantly greater possible risk of significant injury or death. If another vehicle hits you, the thrill of riding on the open road can quickly turn into a nightmare.

After a serious accident, you might face a growing stack of medical bills and lost wages if your injuries prevent you from working. If this is your situation, an experienced Monroe personal injury lawyer is here to help you with your case. Our team of experienced lawyers and staff at DeMayo Law Offices has over 250 years of combined legal experience and are ready to take on your case.

DeMayo Law has recovered over $1 billion in compensation for our clients. You can depend on Your North Carolina Law Firm™. Learn how we can help you during a free consultation. Our award-winning motorcycle accident lawyers in Monroe will listen to your story and explain your legal options. 

Motorcycle Accidents in Monroe, NC

Motorcycle accidents are, unfortunately, common in Monroe and throughout North Carolina. According to the North Carolina Division of Motor Vehicles, there were more than 3,600 motorcycle accidents in 2022. Almost all of them involved injuries, and over 200 resulted in fatalities.

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.

Common Causes of Motorcycle Crashes

Most motorcycle accidents happen because of another driver’s negligence. Because motorcycles are much smaller than other vehicles, many drivers don’t notice when someone is riding next to them. If a driver merges into your lane or attempts to make a turn, they might hit you. 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.

Common negligent behaviors include:

  • Failure to check blind spots
  • Tailgating
  • Driver error or inattention
  • Passing too closely
  • Failure to yield the right of way
  • Speeding

Even if you ride safely, motorists around you might not notice you near them or fail to follow traffic laws. 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 attorney in Monroe will investigate the circumstances of the collision and determine what caused it.

Common Motorcycle Injuries

Motorcycle accidents, unfortunately, often lead to severe and sometimes life-threatening injuries. Due to the exposed nature of motorcycles, riders are at a significant risk when involved in collisions or accidents.

After an accident, it’s crucial to seek immediate medical assistance. Here’s an overview of some of the most common injuries that can occur:

Road Rash

Road rash refers to the skin abrasions resulting from the body sliding across the pavement or road surface. This injury is common in motorcycle accidents where riders are thrown off their bikes.

Like burns, road rash is classified into three degrees, with the third degree being the most severe, potentially requiring skin grafting and causing permanent scarring.

Biker’s Arm

Also known as a brachial plexus injury, “biker’s arm” occurs when the nerves in the upper arm are damaged during an accident, often because the rider naturally tries to break their fall. This injury can lead to a permanent loss of arm function or sensation, severely affecting the victim’s quality of life.

Broken Bones

The force of impact in motorcycle accidents frequently results in fractures. The most common broken bones include those in the legs, arms, ribs, and pelvis.

These injuries can range from simple fractures that require minimal treatment to complex breaks that require surgical intervention and lengthy recovery periods.

Traumatic Brain Injuries (TBIs)

TBIs are among the most serious injuries that can occur from a motorcycle accident, especially for riders not wearing helmets.

These injuries can range from mild concussions to severe brain damage, leading to long-term cognitive, physical, and emotional impairments. Sadly, many brain injuries are fatal.

Amputations

In some cases, motorcycle accidents can result in the traumatic amputation of limbs either during the accident itself or as a medical necessity due to extensive damage.

Amputations significantly impact a victim’s life, requiring extensive rehabilitation and often lifelong adjustments to their daily activities and abilities.

Burns

Motorcycle engines, exhaust pipes, and other components can become extremely hot, and riders can sustain serious burns from coming into contact with these parts during an accident. Additionally, there’s a risk of burns from fires that may result from a collision, especially if it involves fuel leaks.

Each of these injuries carries the potential for significant medical expenses, long-term care, and the need for legal representation to ensure you receive the compensation you deserve. Even if you sustained a minor injury in a motorcycle accident, you’re still eligible to seek compensation. However, it is important to remember the more severe the injury, the higher the settlement will be.

A motorcycle accident lawyer in Monroe, NC, can provide crucial support for motorcycle accident claims, helping you focus on healing from your injuries or honoring a loved one’s memory.

How Our Firm Can Help After Your Motorcycle Accident in Monroe, NC

If you’ve been injured or a loved one passed away in a motorcycle crash someone else caused, our Monroe motorcycle accident attorneys are here to help. When you hire us, we handle everything on your behalf. 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 the following:

  • Crash reports from the Monroe Police Department or another law enforcement agency
  • Photos of the crash site, damage to your bike, and the other vehicles involved
  • Copies of the negligent driver’s liability insurance policy
  • Copies of your medical records and medical bills
  • Statements from witnesses
  • Pictures of your injuries
  • Video surveillance

North Carolina operates under a fault system, which means the person liable for a motor vehicle accident becomes financially responsible for the resulting injuries and damages. Typically, you can recover compensation from their auto liability insurance.

North Carolina requires all drivers to carry liability coverage. This insurance covers bodily injury and property damage up to the policy limits and can cover damage to your motorcycle, medical bills, lost wages, and additional expenses you incur.

We Deal With the Insurance Company For You

Don’t let the insurance company take you for a ride. As a for-profit business, their goal is to avoid paying out a large settlement. Their initial offer probably won’t even begin to cover everything you’ve been through as a result of the crash. The insurance company wants to deny, disclaim, devalue, delay, and distract you so that they pay the least amount possible, or nothing at all, on your claim. 

DeMayo Law Offices can file an evidence-based insurance claim with the at-fault party’s insurance company and negotiate an insurance settlement on your behalf. If a loved one passes away due to an accident, a compassionate wrongful death lawyer in Monroe can help you pursue damages for funeral expenses and other losses.

The Differences Between an Insurance Claim and a Lawsuit

When an injured person files an insurance claim or a lawsuit, the goal is to win a monetary award that pays for their damages. However, there are differences between these two methods of pursuing compensation.

Insurance Claim

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:

  • Submit documentation to the insurance company.
  • The insurance adjuster will review everything you send them.
  • They will either approve or deny the claim.
  • If approved, you can negotiate a settlement up to the limits listed on the policy.
  • If denied, you can file a lawsuit against them and the liable driver.

Lawsuit

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 three-year statute of limitations as outlined in G.S. § 1-52. In wrongful death cases, the time limit is two years from the date of the decedent’s passing.

Barring unique circumstances, you must file your lawsuit within the applicable period. The deadline is strict, and if you miss it, you’ll likely lose all rights to pursue a monetary award. 

Damages Available in a Motorcycle Accident Claim

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.

Economic and Non-Economic Damages

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 brought on by the crash, such as physical suffering. 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:

  • Past and future medical costs
  • Lost wages
  • Motorcycle repairs
  • Lost future earning capacity
  • Emotional distress
  • Pain and suffering
  • Wrongful death damages (if a loved one died)

Punitive Damages

If you choose to file a lawsuit, punitive damages may also be available. Punitive damages don’t compensate injured victims for their economic and non-economic damages. Instead, they’re a form of punishment against the at-fault party for their negligent actions. They also aim to serve as a deterrent.

There’s no limit on the amount of economic and non-economic damages you can pursue; however, North Carolina caps punitive damages. The maximum compensation you can receive in punitive damages is $250,000, or three times the amount of your combined economic and non-economic damages.

What Should I Do if the Driver doesn’t Have Insurance?

Despite laws requiring all motorists to carry liability insurance, some don’t. 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 own insurance company.

UM/UIM Coverage

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 does not 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 does not cover property damage, but it can reimburse medical treatment and lost wages.

How Much does It Cost to Retain a Motorcycle Accident Attorney in Monroe, NC?

If you’re worried about the cost of hiring an lawyer and decide to pursue compensation alone, you could be making a huge mistake. When accident victims handle their insurance claims alone, they often get taken advantage of by insurance companies. 

Without an attorney, you may not know what your rights are or the settlement amount you’re entitled to. Also, when you partner with our law firm, our legal team will gather evidence to strengthen your case. 

Contingency-Fee Payment Structure

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. 

That means we don’t charge upfront legal fees. When you hire us, you won’t owe us any money unless we settle with the insurance company or win your lawsuit. Our attorney fee is a percentage of your final settlement or court award.

Free Consultation

Our Monroe, NC, motorcycle accident law firm offers free consultations. You can meet with us for free to discuss the details surrounding your motorcycle crash. We’ll discuss your legal options and let you know how we will 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.

Contact Our Monroe Motorcycle Accident Law Firm

At DeMayo Law Offices, our Monroe motorcycle accident attorneys care about our clients. We’ll listen to your goals and create a plan to achieve them. We have a proven track record of successful verdicts and settlements and are ready to put our experience to work in your case.

If you’ve been involved in a motorcycle accident in Monroe, NC, we’re here to help you recover from your injuries and get back on your feet. As a motorcycle accident victim, you deserve a fair chance at pursuing compensation, and our team is here to help. We’ll handle everything on your behalf and if necessary, will take your case to trial and convince a jury that you deserve compensation for your suffering. 

If you choose to move forward with us, we’ll investigate the circumstances of your accident, build a compelling case, and fight for the settlement or court award you deserve. Call or contact us online for a free consultation.

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