Traffic crashes involving motorcycles are a leading cause of death in North Carolina. According to the state DMV (Division of Motor Vehicles), nearly 4,300 traffic accidents involved this kind of vehicle, resulting in over 3,600 injuries and 160 deaths. There has been a steady increase in the number of incidents in the state and the United States in general, which can partly be attributed to a rising proportion of distracted drivers and the number of vehicles on the road. If you were injured in such an incident, it is natural to wonder whether you have any options for legal recourse, particularly if the crash resulted from another driver’s negligence. You can consult an experienced North Carolina motorcycle accident lawyer at Riddle & Brantley to explore your legal options and ensure that you get justice in your case. They will make sure that you get the justice you deserve.
Common Motorcycle Accident Injuries
Although all traffic mishaps carry a significant risk of physical injury, those involving motorcycles have a markedly high risk of fatal injuries. Bikes offer little to no protection to drivers, aside from any external form of protection carried by riders, such as helmets, driving jackets, knee, or elbow pads, etc. As a result, what might be a minor bump for a car driver could result in life-threatening physical injuries to a bike driver. Some of the most common types of injuries involved in such incidents include bruises, lacerations, contusions, long bone and skull fractures, internal organ damage, traumatic brain injury (TBI), cervical spinal cord injury, paralysis, massive hemorrhage, and death. Even if a driver manages to survive physical harm, there could be lasting emotional and financial consequences.
Determining Negligence
Establishing negligence in such crashes is complicated and depends on multiple factors, including the number of parties involved and the specifics of each case, such as violation of traffic regulations, mechanical defects, factors related to the driving environment such as the conditions on the road, use of helmets, etc. North Carolina follows the contributory negligence law, whereby an injured party cannot recover any damages if they are found to be at any percentage of fault for the incident, which further complicates legal matters. Like any other personal injury lawsuit, demonstrating fault is the responsibility of the driver that seeks legal action against the opposing counsel. This can be done through the collection of physical evidence that supports your claim and proves that a breach occurred in the owed duty of care. You must present evidence such as photos and videos from the accident location, proof of your injuries in the form of photos and medical records, an official police incident report, eyewitness statements, and more.
If you successfully prove the negligence of the responsible driver in causing your bike crash and injuries, you can recover financial compensation for your monetary and non-monetary damages, including hospital bills, lost wages, property damage, loss of consortium, emotional suffering, incidental expenses, punitive damages, and more.
Conclusion
An experienced motorcycle accident lawyer can help you obtain fair financial compensation for your losses through a personal injury against the negligent driver. Although determining fault in traffic accident lawsuits is a complicated matter, a lawyer can provide you with their best efforts to protect your legal rights and secure an amount that adequately reflects your losses. They understand how the system works and will make sure it works in your favor. It’s important to find a trusted legal team that will work with your case. The sooner you do it, the better.
