North Carolina Motorcycle Accident Insurance Claims
Motorcycle riders are seen by some as reckless speed demons. In movies and on television, they are often portrayed as rebels. In reality, many bikers 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. And we know how important it is to make sure your interests are fully protected when filing a motorcycle accident insurance claim after a North Carolina motorcycle accident.
Contributory Negligence and Your Right to Compensation
North Carolina is 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. And unfortunately, contributory negligence is often cited in motorcycle crashes. 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 accidentally damage your claim when talking to the insurance company.
North Carolina is one of only four 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. Contributory negligence is challenging for bikers because non-bikers often estimate that bikers are travelling at higher speeds than they actually are because of the motorcycle’s smaller size and loud sound.
That is a fundamental reason we always urge bikers who have been injured in a 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 help ensure our motorcycle wreck clients are treated fairly.
Examples of Negligence in Motorcycle Accidents
What we have found in many instances is that the driver of the vehicle that hit the motorcyclist will often say they “didn’t see” the biker. That is generally cause for negligence. However, the “didn’t see” 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.
In addition to LBFS crashes, some other common examples of motorcycle wrecks caused by negligent drivers in North Carolina include:
- Driver turns left in front of the motorcycle at an intersection
- Driver cuts off the motorcycle switching lanes
- Driver strikes a motorcycle head-on while trying to pass another car
- Car door opens into an oncoming motorcycle
How Can An Attorney Help You Determine Fault in Your Motorcycle Crash?
Unfortunately, the negative biker image does not help when dealing with motorcycle accident insurance claims. Determining who is liable in a wreck can be one of the most important, and difficult, factors that influence outcomes in these types of cases. When crashes happen, insurance companies may try to place at least some of the blame on the biker in an effort to try to pay out as little as possible. A North Carolina motorcycle accident lawyer can help you try to prove liability by:
- Gathering evidence at the scene of the accident
- Enlisting an inspector to reconstruct the accident
- Speaking with police officers about the accident
- Interviewing witnesses
What Kind of Compensation Can You Recover From a NC Motorcycle Insurance Claim?
If you or a loved one has been seriously injured in a motorcycle wreck, your focus should be on healing. Unfortunately, healing generally involves doctor visits and time away from work, and this can be a financial burden for many. An experienced motorcycle accident attorney, such as the ones at the Law Offices of James Scott Farrin, can help you fight to recover the maximum compensation for the following harms and losses:
- Medical expenses, now and in the future
- Lost wages
- Bike repairs
- Pain and suffering
See how we helped Alex fight the insurance company for his motorcycle wreck damage and injuries.
Call the Law Offices of James Scott Farrin
Don’t let the insurance company alone determine how much compensation you deserve. We’ve been helping motorcycle crash victims since 1997. When you have one of our motorcycle accident attorneys on your side, you can focus on healing while we examine the facts in your case and fight for you.