Determining Liability in a Motorcycle Accident
Who was Responsible in Your Motorcycle Crash?
Motorcycle riders are seen by some as reckless speed demons. In movies and on television, they are often portrayed as rebels. In reality, many motorcycle riders ride safely and defensively. We know. We have motorcycle enthusiasts at our firm and we have represented hundreds of motorcyclists who don’t deserve this bad rap.
Unfortunately, the negative image of motorcycle riders does not help them when dealing with motorcycle insurance claims. When accidents happen, insurance companies may try to place at least some of the blame on the motorcyclist in an effort to try to pay out as little as possible.
Contributory Negligence and Your Right to Compensation
North Carolina is what is known as a contributory negligence state. Contributory negligence means that if you were even 1% at fault, the insurance company may not be legally obligated to compensate you for your injuries. That is why we advise clients to never say or write anything to an insurance investigator or anyone else involved in your claim that could be construed as an admission of fault. You might, without intending to, seriously damage your claim. Learn how you might accidentally damage your claim by talking to the insurance company.
North Carolina is one of only three states and the District of Columbia that recognize contributory negligence as a complete defense. Most other states consider comparative negligence, which assigns a percentage of compensation based on the percentage of responsibility assigned to each party.
That is a fundamental reason we always urge motorcyclists who have been injured in a motorcycle crash to contact the Law Offices of James Scott Farrin or call 1-866-900-7078 for a free case evaluation. Our motorcycle accident lawyers will use their experience investigating liability to try to make sure our motorcycle clients are treated fairly.
What we have found in many instances is that the driver of the other car that hit the motorcyclist will say they “didn’t see” him. That is cause for negligence. However, the “didn’t see” him defense is so commonplace there is a police report acronym for it – LBFS, which means “looked but failed to see.” LBFS is among the most common causes of motorcycle crashes.
Examples of Negligence in Motorcycle Accidents
In addition to North Carolina LBFS motorcycle crashes, some other common examples of motorcycle accidents caused by negligent drivers include:
- Driver turning left at an intersection
- Driver cuts off the motorcycle in the lane
- Driver strikes a motorcycle head-on while trying to pass another car
- Car door opens into an oncoming motorcycle
Call The Law Offices of James Scott Farrin at 1-866-900-7078
Don’t let the insurance company determine the compensation you potentially deserve. We’ve been helping motorcycle accident victims since 1997. When you have one of our motorcycle accident attorneys fighting for you, you can focus on healing while we examine all the facts in your case to try to help get you the compensation you potentially deserve.