OVER 50+ YEARS OF COLLECTIVE EXPERIENCE SERVING RALEIGH & DURHAM
Protecting the Rights of Injured Clients
Motorcycle Accidents
Raleigh Motorcycle Accident Lawyers
Filing a Motorcycle Accident Lawsuit in Wake County
If you or someone you love was recently involved in a motorcycle accident, turn to the team at Hyland, Padilla & Fowler, PLLC. You could be entitled to financial compensation for your related medical expenses, pain and suffering, lost income, and other damages. Our Raleigh motorcycle accident attorneys can help you navigate the process of filing an insurance claim to seek the fair compensation you are owed. As skilled and experienced trial attorneys, we are even prepared to represent you in court if necessary.
We understand the unique challenges injured bikers face. Our team is here to answer your questions and protect your interests every step of the way. Get in touch with us today to schedule a free initial consultation.
You do not pay any legal fees unless we win your case! Call (919) 891-8361 or contact us online today to learn more. Hablamos español.
Determining Fault After a Motorcycle Accident
Motorcyclists tend to get a bad rap. Many people believe that motorcycle riders are inherently risky drivers and are, therefore, always at least partially at fault when they are involved in accidents with other motorists. However, at Hyland, Padilla & Fowler, PLLC, we know that this is simply not true.
In fact, most motorcyclists understand the risks of riding and, as a result, are some of the safest and most skilled drivers on the road. Unfortunately, many motorcycle accidents occur not because of something the motorcyclist did but due to the negligence or wrongful behavior of others.
Some of the most common causes of motorcycle accidents include:
Distracted driving, including using a cellphone or texting while driving
Poor visibility and failing to check for motorcyclists in vehicle blind spots
Speeding, including driving too fast for current road conditions
Driving under the influence of alcohol and/or drugs
Failing to yield the right of way
Turning across the path of an oncoming motorcyclist
Unsafe or illegal passing, lane changes, and turns
Tailgating, or following too closely
Dangerous road conditions, such as potholes and blind curves
Auto or motorcycle defects or defective safety equipment
Under North Carolina’s rule of contributory negligence, you cannot file a personal injury claim if you are even slightly at fault for the incident that led to your injuries. If the insurance company argues that you were partly to blame, you could be barred from recovering damages. We strongly advise you to contact our motorcycle accident lawyers for help communicating with the insurance company and pursuing the fair compensation you deserve.
What Types of Damages Can You Recover in a Motorcycle Accident Claim?
Motorcycle accidents often lead to catastrophic injuries and fatalities. Because motorcyclists have relatively little protection compared to the occupants of passenger vehicles, they are far more likely to suffer life-changing injuries like compound fractures, traumatic brain injuries, spinal cord injuries, paralysis, traumatic amputation, and organ damage. As a result, injured bikers often face significant physical, financial, and emotional challenges in the wake of these accidents.
By filing a motorcycle accident claim, you can seek financial compensation for accident-related damages, such as:
Past, current, and future medical expenses
Past, current, and future lost income or wages
Past, current, and future pain and suffering
Loss of earning capacity due to permanent injury or impairment
Emotional distress and disfigurement
Miscellaneous out-of-pocket expenses, such as transportation costs and in-home assistance or care
In some cases, it may be possible to recover punitive damages as well. Also known as “exemplary damages,” punitive damages are generally only awarded in cases involving gross negligence or willful or wanton misconduct. For example, if a drunk driver with a blood alcohol concentration (BAC) of 0.20%—well above the legal limit of 0.08%—hit and killed a motorcyclist, the court may rule that the drunk driver was grossly negligent. As a result, the court may award punitive damages to the motorcyclist’s surviving family members in a wrongful death lawsuit.
How Are Motorcycle Accident Cases Different From Car Accident Cases?
Though motorcycle accidents and car accidents are both types of motor vehicle accidents, there are many differences between the two when it comes to filing a claim and seeking compensation for damages.
Some of these differences include:
Accident and Injury Severity: Regular car accidents can certainly lead to severe bodily injuries and deaths; however, motorcyclists are much more likely to be catastrophically injured or killed in an accident. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are 4 times more likely to be injured and nearly 30 times more likely to be killed in motor vehicle accidents than the occupants of passenger vehicles.
More Extensive Damages: Because motorcycle accidents tend to be more severe than car accidents as a whole, motorcyclists are more likely to suffer more extensive damages after a crash. This includes lengthier medical treatment and higher medical bills, longer recovery times and more time off work (meaning more lost income), and more significant physical pain and mental suffering associated with catastrophic injuries.
Lengthier Claims Process: In many cases, the claims process can be longer in motorcycle accident cases than in those involving regular car accidents. This is due to a variety of reasons, including but not limited to the severity of the biker’s injuries, the challenges involved in proving liability, the complexity of calculating damages, and the insurance company’s unwillingness to pay out high-value claims.
Difficulties Collecting Compensation: Many insurance adjusters have inherent biases against motorcyclists. As a result, they treat motorcycle accident claims differently than standard car accident claims, which could make it harder for injured bikers to recover compensation for their damages. The insurance adjuster might argue that the motorcyclist was partially or entirely at fault, or they may offer a lowball settlement to avoid paying out the high cost of the claim.
Because of these and other challenges associated with filing a motorcycle accident claim, it is very important that you work with a knowledgeable attorney who can protect your rights and guide you through the legal process.
Steps To Take After a Motorcycle Accident in Raleigh
The choices you make in the hours and days after a wreck can have a major impact on your health and on any future claim. After a crash your first priority should always be safety and medical care. Once emergency responders arrive, try to remain calm, follow their instructions, and make sure you are fully evaluated for injuries, even if you feel shaken up but “okay.” Some serious injuries take time to appear, and early documentation from a Raleigh-area hospital or urgent care clinic can later support your case.
When it is safe to do so, you may also want to gather information that can help clarify what happened. This can include exchanging contact and insurance details with other drivers, getting the names and phone numbers of any witnesses, and taking photos of the scene, your motorcycle, and visible injuries. Request a copy of the crash report from the law enforcement agency that responded, such as the Raleigh Police Department or North Carolina State Highway Patrol. Before speaking in detail with insurance companies, consider taking a moment to understand your options so you do not unintentionally say something that might be used to argue that you were partly at fault.
Why Hire a Motorcycle Accident Attorney in Raleigh?
An attorney can help you work with the insurance company and help ensure that you are treated fairly. They can also help you gather evidence from the scene of the accident and can prepare for potential litigation (if necessary). An attorney will know the laws surrounding motorcycle accidents, so they may be able to uncover details about the case that would otherwise go unnoticed or even fight for a better settlement on your behalf.
When you decide to work with a lawyer after a crash, a Raleigh motorcycle accident lawyer can assist you with tasks such as:
Evaluating your claim by reviewing the crash report, medical records, and insurance coverage available.
Handling insurance communications so adjusters deal directly with your attorney instead of contacting you repeatedly.
Coordinating investigations with specialists who can analyze the scene, damaged vehicles, and other evidence.
Documenting your losses by organizing bills, wage information, and other proof of how the accident has affected your life.
Preparing for litigation if settlement negotiations do not result in a fair offer and a lawsuit becomes necessary.
When you work with a motorcycle accident lawyer in Raleigh, you also gain access to resources that most injured riders do not have on their own. This can include working with medical professionals to fully understand your injuries, consulting with accident reconstruction specialists when liability is disputed, and organizing witness statements and photographs into a clear narrative that supports your version of events. An attorney can also keep track of important deadlines, such as North Carolina’s statute of limitations, so you do not lose your ability to pursue a claim by waiting too long to act.
At Hyland, Padilla & Fowler, PLLC, we help our clients with every aspect of the legal process. Our Raleigh motorcycle accident lawyers have more than 50 years of combined experience and have recovered over $40 million in compensation for our clients. No matter how complex your case may be, we are ready to fight for you.
Experienced Legal Help from Hyland, Padilla & Fowler Since 1999
Over 7000 Cases Handled
We have represented thousands of personal injury clients since 1999.
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