There is a special kind of freedom that comes with riding a motorcycle, but that freedom also puts you at risk of serious injury if you are in an accident. You may wonder what to do after a motorcycle accident in North Carolina.
North Carolina Motorcycle Accidents
In addition to heavy congestion, high speeds, and sudden weather changes, motorcyclists face additional challenges when traveling. North Carolina features many hazards, such as wildlife risks, steep inclines, tight curves, and low visibility spots. Some of the most dangerous roads are:
- The Tail of the Dragon
- Blue Ridge Parkway
- The Devil’s Whip
- Cherohala Skyway
- US-29
- NC-226
Traffic crashes are reported to and tracked by the North Carolina Division of Motor Vehicles. During 2023, a total of 3,917 motorcycle crashes occurred in North Carolina. Of those crashes, 202 motorcyclists were killed, and an additional 3,169 were injured.
If you are involved in a motorcycle accident in North Carolina, you should be able to negotiate a fair settlement with the insurance company of the liable party. If fair compensation is not reached, you can file a civil claim in court.
North Carolina requires personal injury cases to be filed in either the district court, for smaller claims, or the superior court, for larger claims, in the county where you reside.
Steps to Take After a Motorcycle Accident
When you have been involved in a motorcycle accident, you are likely to be overwhelmed and unsure of what to do next. Completing a few steps can help you build a claim later. These steps include:
- Call law enforcement. You have a duty to stop and report an accident when serious injuries or high-value property damage occur. When the police respond, it also creates a police report that you could use later.
- Get medical attention. If an ambulance responds to the accident, don’t leave or remove your riding gear until you have been cleared to do so. You should also schedule a visit with your primary doctor.
- Collect evidence at the scene. If you can, take photos of the damage to both vehicles and note any unusual weather or road conditions that could have contributed to the accident. Collect the contact information for any witnesses.
- Exchange information. You are required to provide your contact and insurance information to the other driver involved in the accident.
- Notify your insurance agent. Report the accident to your insurance agent within a few days.
- Consult a motorcycle accident attorney. Contact a motorcycle accident attorney to review your case and determine your next steps.
Motorcycle Safety
Taking precautions when riding can help minimize the risk of a motorcycle accident. Safety steps include:
- Wear an appropriate safety helmet and gear
- Follow traffic signs and signals
- Never drive while under the influence of alcohol or drugs
- Wear reflective or brightly colored clothes
- Avoid distractions and excessive speeds while driving
Hire a Motorcycle Accident Lawyer
Motorcycle riders receive unfair stigma from the general population and insurance companies as reckless drivers. Battling this stigma to receive fair compensation can be exhausting if you do not hire a motorcycle accident lawyer.
At the Law Office of Lyndon R. Helton, PLLC, we have decades of experience representing North Carolina residents who are experiencing a personal injury case. We advocate for your interests while seeking fair compensation for your damages.
FAQs
What Not to Say to Your Insurance Company After an Accident?
When you speak with the insurance company after an accident, there are several things you should avoid saying. Always stick to the facts you know and nothing else. Never admit fault or apologize for the accident. Do not sign anything or agree to give a recorded statement. When discussing the accident, do not minimize your injuries or the damage caused, and do not exaggerate. If you do not know an answer, never speculate or guess when answering.
How Long After an Accident Can You File a Claim in North Carolina?
In North Carolina, you generally have three years from the date of the accident to file a claim in civil court. Special circumstances could change this limitation. A motorcycle accident attorney would know if these circumstances applied in your case. Although you have three years, it is in your interests to pursue a claim early so that evidence is easier to collect. If you wait, it may be difficult to find witnesses or gather documentation showing the damages you suffered.
What Is the Average Settlement for a Motorcycle Accident in North Carolina?
The average settlement amount for a motorcycle accident in North Carolina varies with the circumstances of the accident. Accidents resulting in more severe damage receive higher settlements than accidents with only minor damage. Settlements are also affected by insurance limits and possible liability issues. If you are also found to be liable, you could be barred from collecting any compensation from the accident.
Do I Have to Speak to the Other Driver’s Insurance Company After a Motorcycle Accident?
You are not obligated to speak to the other driver’s insurance company after a motorcycle accident. If the other driver’s insurance company reaches out, you can provide the facts of the accident, but you do not have to answer questions. Never make any statements that may be interpreted as admitting fault, and do not agree to give a recorded statement. You can also direct the insurance agent to speak with your attorney or your insurance agent about the accident.
Who Is Usually At-Fault in a Motorcycle Accident in North Carolina?
The at-fault party in most motorcycle accidents in North Carolina is the other driver. When the driver of a passenger vehicle is distracted, fatigued, speeding, or fails to yield, they are more likely to miss seeing a motorcycle. Failing to see a motorcyclist often results in passenger car drivers turning in front of the motorcyclist or making other driving decisions that do not take the motorcyclist into consideration, which leads to accidents.
North Carolina Motorcycle Accident
A motorcycle accident can result in serious injuries that need time for recovery. Our team has helped clients in similar situations throughout Burke, Catawba, and Caldwell Counties since 1993. Contact the Law Office of Lyndon R. Helton, PLLC, today to schedule your initial consultation.
