Personal Injury Lawyer Wilmington NC | Flexner Houser Injury Law

Motorcycle Accident Lawyer in Wilmington NC

Motorcyclists face unique vulnerabilities on the road due to their smaller vehicle size and lack of protective barriers. This exposure may lead to catastrophic injuries and fatalities when accidents occur. At Flexner Houser Injury Law, our motorcycle accident lawyer in Wilmington, NC, understands the challenges motorcyclists encounter. We are dedicated to providing the aggressive legal representation you need to recover the highest possible compensation for your injuries and losses.

Photo of Motorcycle Accident

How Our Wilmington Motorcycle Injury Attorney Will Fight to Maximize Your Compensation

Challenging the Stereotypes Against Motorcyclists

Motorcyclists frequently encounter unfair stereotypes that paint them as reckless or irresponsible. These biases can adversely affect the perception of your case and the compensation you deserve. At Flexner Houser Injury Law, our motorcycle injury lawyer Wilmington, understands the importance of dismantling these stereotypes. 

We will vigorously combat these prejudices by collecting and presenting compelling evidence, such as witness statements that testify to your responsible riding habits and utilizing expert opinions that highlight the realities of motorcycle safety. Our goal is to showcase your legitimacy as a rider and ensure that the focus remains on the facts of the accident rather than on misconceptions about motorcyclists.

Proving Your Compliance with the Helmet Law

In North Carolina, the universal helmet law (N.C. Gen. Stat. § 20-140.4) mandates that no individual shall ride a motorcycle or moped on any highway or public road unless both the operator and all passengers are wearing safety helmets that meet the Federal Motor Vehicle Safety Standard (FMVSS) 218. These helmets must have a retention strap that is securely fastened to ensure proper fit and safety.

Your compliance with motorcycle laws can be critical in establishing your credibility and the validity of your claim. Our Wilmington personal injury lawyer will gather pertinent evidence to demonstrate that you were in full compliance with this law at the time of the accident. This may include:

  • Obtaining copies of police reports that confirm your helmet use
  • Collecting any available surveillance footage showing your adherence to traffic laws
  • Interviewing witnesses who can attest to your responsible riding behavior. By clearly establishing your compliance, we strengthen your case and improve your chances of receiving fair compensation.

Swift Investigation to Establish Liability

Our dedicated team will conduct a thorough and prompt investigation to gather all necessary evidence that supports your claim and establishes 100% fault of the other driver. This includes, among other things:

  • Police Reports: We will obtain and analyze police reports that detail the circumstances surrounding the accident.
  • Medical Records: Collecting your medical records will help establish the extent of your injuries and the treatment you require.
  • Witness Statements: We will interview witnesses who can provide firsthand accounts of the accident, which can be crucial for establishing liability.
  • Traffic Camera Footage: If available, we will secure traffic camera footage that may capture the accident, providing an objective view of the events.
  • Photos of the Accident Scene and Vehicle Damage: Visual evidence is vital; we will take photographs of the accident scene and any damage to your motorcycle to illustrate the impact of the crash.

Diligent Calculation of All Damages

Calculating damages accurately is essential to ensuring you receive the compensation you deserve. Our attorneys will assess all potential damages, which may include:

  • Medical Expenses (Past and Future): We will account for current medical bills as well as anticipated future expenses related to ongoing treatment.
  • Lost Wages: We will document any lost income due to your inability to work after the accident, including future earning potential, if applicable.
  • Pain and Suffering: Our team will evaluate the emotional and physical pain you have endured, which is often a significant component of compensation.
  • Rehabilitation Costs: If you require rehabilitation services, we will include these expenses in our damage calculations to ensure comprehensive coverage of your needs.

Negotiations with the Insurer to Maximize Settlement

Our negotiation strategy is aggressive and comprehensive. We employ the following tactics to maximize your settlement:

  • Presenting Strong Evidence: We will compile and show robust evidence to substantiate your claim, making it difficult for the insurer to dispute liability.
  • Leveraging Expert Opinions and Testimony: If needed, we will enlist the help of experts, such as accident reconstruction specialists, to bolster your case with authoritative testimony.
  • Countering Lowball Offers with Documented Damages: Our attorneys are skilled at recognizing when an offer is insufficient and will counter such offers with thorough documentation and justification for your claim.
  • Maintaining Open Lines of Communication While Remaining Firm in Our Demands: We believe in being approachable yet assertive. We will keep the lines of communication open with the insurer while firmly advocating for your rights.

Trial Readiness to Demonstrate Resolve 

From the moment we take on your motorcycle accident case, we prepare as if it were going to trial. This proactive approach serves two purposes: it puts pressure on the insurance company to offer a fair settlement and demonstrates our determination to fight for your rights. If negotiations stall, we are fully prepared to take your case to court. 

This may include hiring accident reconstructionists and other expert witnesses who can provide invaluable insights into the accident dynamics. Our trial readiness ensures that we are equipped to present a robust case to a judge and jury, should the need arise, giving you confidence that your interests are well-protected under all circumstances.

Types of Motorcycle Accidents Our Wilmington, NC Motorcycle Crash Lawyers Can Handle

Our Wilmington motorcycle accident lawyers are equipped to handle a wide range of motorcycle accidents, including:

  • Rear-End Collisions: A motorist may not notice a motorcyclist slowing down, resulting in a rear-end crash.
  • Head-on Collisions: These occur when another vehicle crashes directly into the front of a motorcycle, resulting in severe injuries due to the high impact force.
  • Rollover Collisions: In these accidents, a motorcycle tips over, typically caused by being struck by another vehicle, leading to significant injuries for the rider.
  • T-bone Collisions: This type involves a motorcycle being struck on the side by another vehicle, usually at an intersection, resulting in catastrophic injuries.
  • Sideswipe Collisions: These happen when another vehicle passes a motorcycle too closely, scraping or knocking the motorcycle off balance.
  • Hit and Run Collisions: In these cases, the driver of another vehicle flees the scene after causing an accident, leaving the motorcyclist to deal with the aftermath alone.
  • Intersection Collisions: These occur when a motorcycle is involved in an accident at an intersection, often due to a driver failing to yield or running a red light.
  • Left-Turn Collisions: These occur when a vehicle makes a left turn in front of an oncoming motorcycle, leading to severe collisions.

Common Causes of Motorcycle Accidents in Wilmington, NC

Negligent actions of other drivers that can lead to motorcycle accidents in Wilmington, NC, include:

  • Distracted Driving: Using a phone, adjusting the radio, or engaging in other distractions can divert attention away from the road.
  • Speeding: Excessive speed can reduce a driver’s reaction time and increase the severity of an accident.
  • Reckless Driving: Aggressive maneuvers, such as weaving in and out of traffic or tailgating, can endanger motorcyclists.
  • Drunk Driving: Alcohol or drug impairment severely impairs judgment and coordination, leading to tragic accidents.
  • Negligent Lane Changes: Drivers who fail to check their blind spots or signal properly may collide with motorcyclists.
  • Ignoring Traffic Signals: Running red lights or stop signs poses a significant risk to motorcyclists who have the right of way.
  • Failure to Check Blind Spots: A lack of awareness when changing lanes can result in a collision with an unsuspecting motorcyclist.
  • Failure to Yield: A motorist may not yield the right of way to a motorcyclist, resulting in a collision.

Common Motorcycle Crash Injuries Our Wilmington Motorcycle Accident Lawyers Have Experience With

Our motorcycle accident lawyer Wilmington, has experience handling cases involving all types of injuries, including:

  • Head Injury (TBI): Traumatic brain injuries can occur even with a helmet and may lead to long-term cognitive impairment.
  • Spinal Cord Injury: Injuries to the spinal cord can result in paralysis or permanent disability, impacting a victim’s quality of life.
  • Back Injury: Back injuries can range from minor strains to severe damage, requiring extensive medical treatment and rehabilitation.
  • Burn Injury: Road rash and severe burns from contact with pavement or the motorcycle can result in painful injuries that require skin grafts.
  • Internal Injury: Injuries to internal organs can be life-threatening and may not be immediately apparent after an accident.
  • Broken Bone Injury: Fractures are common in motorcycle accidents, often requiring surgery and prolonged recovery.
  • Other Injuries: These can include neck injuries, shoulder injuries, amputations, and soft tissue injuries that can lead to long-term pain and suffering.

Our Wilmington, NC Motorcycle Accident Law Firm Answers All Your Questions 

Should I Remove My Helmet or Gear After the Accident in Wilmington, NC?

If you are injured in a motorcycle accident, you should stay as still as possible and avoid removing your helmet or gear unless they are causing further injury or hindrance. Removing your helmet can expose you to additional risks, especially if you have sustained a head injury. Wait for the paramedics to arrive, evaluate your condition, and guide you on whether it is safe to remove any gear.

Do I Need to Report the Motorcycle Accident to My Insurance Company?

Yes, you are generally required to report the accident to your insurance company, regardless of fault. Most policies include a clause that mandates policyholders to inform the insurer of any accidents in a timely manner. Failing to report an accident may jeopardize your ability to receive compensation for damages. Avoid any direct negotiations with the insurer without representation from a Wilmington motorcycle accident attorney.

What If I Didn’t Get the Negligent Driver’s Information at the Scene?

If you were unable to obtain the negligent driver’s information at the scene, it may still be possible to identify them later. Your motorcycle accident lawyer in Wilmington can assist in obtaining the necessary information about the negligent driver through police reports, surveillance camera footage, witness statements, vehicle debris, forensic evidence, and law enforcement investigations.

How Long Do I Have to File a Claim After a Motorcycle Accident?

In North Carolina, the statute of limitations for filing a personal injury claim, including motorcycle accidents, is generally three years from the date of the accident. If the accident results in wrongful death, the time limit to file a claim is two years from the date of death. It is essential to file your claim within these timeframes to preserve your right to seek compensation. 

Can I Still Recover Damages if I Was Partially at Fault in NC?

No, North Carolina is one of the four states that follows the rule of contributory negligence, which means that if you are found to be even 1% at fault for the accident, you cannot recover any damages from the other party that was 99% responsible for your injuries. This strict liability standard highlights the importance of establishing the other party’s 100% fault in motorcycle accident claims.

Why Hire Our Wilmington, NC, Motorcycle Accident Lawyers For Your Case?

Experience with Motorcycle Accident Claims

Our attorneys have decades of experience handling motorcycle accident cases in Wilmington, NC. We understand the unique challenges that motorcyclists face and are well-versed in North Carolina motorcycle laws, allowing us to advocate for your right to compensation effectively.

Aggressive Legal Representation

We are committed to fighting for the compensation you deserve. Our aggressive negotiation tactics and trial readiness ensure that we can maximize your settlement with the insurance company while remaining prepared to go to court if necessary.

Compassionate Support

We understand the emotional and physical toll a motorcycle accident can take on you and your loved ones. Our compassionate team is here to support you throughout the legal process, answering your questions and addressing your concerns every step of the way.

No Fees Unless We Win

At Flexner Houser Injury Law, we work on a contingency fee basis, which means you don’t pay unless we win your case. This arrangement allows you to focus on your recovery without any financial stress or risk.

To schedule your free consultation, call us at 1-800-FLEXNER or contact us online.

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Flexner Houser Injury Law
3805 Oleander Drive
Wilmington, NC 28403

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