Morganton Motorcycle Accident Lawyer

Morganton Motorcycle Accident Attorney

Motorcycles can be fun to operate and are very popular in North Carolina and throughout the U.S. However, they are some of the most inherently dangerous vehicles on U.S. roads for several reasons. Motorcycles are smaller than other passenger vehicles and can be harder to notice in some situations. Motorcycles sometimes encourage risky behavior, such as lane-splitting or speeding. They also lack the safety features found in enclosed passenger vehicles, meaning riders have little to no physical protection from a crash.

If you or a loved one suffered injuries in a motorcycle accident that someone else caused, an experienced Morganton motorcycle accident attorney can assist you in holding them accountable and maximizing your recovery. Insurance is likely to be your first step toward recovery from any motor vehicle accident, and North Carolina requires all drivers to maintain automobile insurance coverage. However, the damages from a serious accident could eclipse a basic insurance policy.

Law Office of Lyndon R. Helton, PLLC has years of experience representing Morganton, NC area clients in a wide range of civil claims for damages, including those pertaining to motorcycle accidents. We know the devastation these accidents can cause and the uncertainties victims often face when it comes to recovering from their damages. Our team can provide the legal counsel you need to navigate the aftermath of a motorcycle accident with greater confidence and peace of mind.

Benefits of Legal Counsel After a Motorcycle Accident in Burke, Catawba, and Caldwell Counties

Hiring the right attorney can make a tremendous difference in your recovery experience following a motorcycle accident. While automobile insurance is generally the first step toward recovering from any vehicle accident in North Carolina, motorcycle accidents tend to be particularly challenging to resolve. These incidents may raise difficult questions of liability, or liability could be outright contested by the parties involved. Motorcycle accidents also tend to result in severe physical injuries, which, in turn, generate extensive economic damages. Due to the high stakes of these cases, liability is often hotly contested, and defendants will try everything they can to deflect liability.

Working with an experienced Morganton motorcycle accident attorney means you are going to be prepared to meet the unique challenges of your case. You can rest and recover from your injuries with peace of mind knowing your legal team will address your procedural obligations. If you must file an insurance claim, your legal team can verify that the insurer handles the claim appropriately and that you receive a fair settlement. If this is not enough to fully compensate you for your losses, they can help you build your personal injury case in pursuit of maximum recovery.

Common Causes of Motorcycle Accidents in Morganton, North Carolina

Motorcycle accidents happen for many of the same causes as all other vehicle accidents. However, the small size and inherently dangerous nature of motorcycles leave riders especially vulnerable to some of these risks:

• Distracted driving. Throughout the U.S., distracted driving accounts for most of the motor vehicle accidents reported each year. Cell phone use and anything that takes the driver’s eyes, hands, or attention away from the road can potentially cause a devastating accident.
• Impaired driving. Any driver who operates their vehicle under the influence of drugs or alcohol faces criminal prosecution in addition to civil liability for any damages they cause to others. Intoxicated driving is illegal in every state, and penalties can include fines, jail time, and suspension of driving privileges. Multiple convictions for intoxicated driving within a short time can lead to increased penalties.
• Speeding. Speeding can increase the chances of an accident happening and increase the resulting damage. Accidents that happen at high speeds are most likely to result in catastrophic or fatal injuries. Speeding is one of the leading contributing factors in fatal vehicle accidents in the U.S. each year.
• Poor visibility. Motorcycles are smaller than most other vehicles, so they are more likely to be visually lost in some other drivers’ blind spots. This can be dangerous when it comes to lane changes, turns, and sudden shifts in traffic patterns.

When motorcycle accidents happen, riders can suffer a host of life-changing injuries. Even if they receive medical treatment as swiftly as possible, they may face years of chronic pain and other adverse medical conditions that complicate their lives in various ways.

It’s vital to seek medical treatment as soon as possible after any motorcycle accident, even if you think your injuries are not life-threatening. Injuries that have not caused immediately noticeable symptoms can easily escalate very quickly without prompt care. Additionally, seeking medical care as soon as possible creates a formal record showing you took appropriate action following your accident. This could be invaluable to your subsequent recovery efforts, proving you were injured and appropriately sought care.

The medical report from your doctor will be invaluable for holding the at-fault driver accountable for your injuries. While you may secure some compensation from the other driver’s insurance, this may not fully cover your losses if you experienced a severe accident. Working with an experienced Morganton motorcycle accident attorney is the best way to ensure you fully explore your recovery options following any vehicle accident.

Proving Liability for a Motorcycle Accident in Morganton, NC

When a motorcycle accident happens, the victim must know their rights and the value of legal counsel they can trust in this difficult situation. The right attorney can make a tremendous difference in the outcome of any personal injury case, including one pertaining to a motorcycle accident.

Before you proceed with a personal injury claim after a vehicle accident, you must first turn to available insurance for compensation. However, for both your insurance claim and a subsequent personal injury claim, proving fault is going to be essential to your success.

Most civil claims for damages pertain to acts of negligence, which is a failure to exhibit appropriate care and caution in a specific situation or a failure to uphold a specific duty or responsibility. To prove a defendant was negligent, you must prove they had this responsibility, failed to carry out this responsibility in some way, and directly caused your claimed damages. You must also provide clear evidence that your damages would not have occurred had it not been for the defendant’s negligence.

It is also possible for a vehicle accident to result from intentional misconduct, such as reckless driving or driving under the influence of alcohol. If a defendant caused your motorcycle accident through any form of misconduct or illegal activity, they face criminal charges in addition to liability for your civil damages. Your Morganton motorcycle accident attorney can explain how these factors may influence your civil case proceedings and your final recovery.

Filing an Insurance Claim for a Morganton Motorcycle Accident Case

North Carolina law requires all drivers to carry automobile insurance, and this applies to motorcyclists as well. The fault rule for resolving car accidents means that whoever causes an accident is liable for the resulting damages. If another driver is responsible for the motorcycle accident you recently experienced, you can file a claim against their automobile insurance policy to seek compensation for losses you have incurred.

Insurance claims can be tedious and stressful, and insurers have no incentive to pay out on claims. They generally look for any reasons they can find to reduce a settlement offer or deny claims outright. Having legal counsel assist you with your demand letter to an insurer can significantly improve the chances of the insurance company handling your claim appropriately and efficiently. Your attorney can examine the at-fault driver’s policy to verify that you receive an appropriate settlement.

Car insurance in North Carolina can generally recover most vehicle repairs and medical expenses for minor injuries. However, severe accidents are likely to result in damages that exceed the scope of available insurance coverage. If this applies to your case, you can file a personal injury claim against the at-fault driver in pursuit of compensation for damages that insurance can’t cover.

Damages and Compensation for a Motorcycle Accident in North Carolina

North Carolina law provides broad flexibility to personal injury plaintiffs in terms of the damages they can recover through their personal injury suits. These damages are divided into “economic” and “noneconomic” designations, and the former are much easier to prove than the latter.

Economic damages are the direct financial effects of a personal injury. In a motorcycle accident case, these are likely to include the injured rider’s vehicle repair costs, the cost of any medical treatment they will require for their injuries, and compensation for lost income if the accident forces them to miss work. A good attorney can help their client secure compensation for lost income immediately following an accident, as well as compensation for lost future earning potential if an accident causes a permanent disability. The plaintiff may also claim compensation for vehicle repair costs and other property losses that insurance doesn’t cover.

Noneconomic damages in a personal injury claim include physical pain, emotional distress, psychological trauma, and other negative effects that cannot be easily quantified in numerical terms. North Carolina state law allows the plaintiff to seek fair compensation for their noneconomic damages, and there is no limit for pain and suffering compensation in a motorcycle accident case. Your Morganton motorcycle accident attorney can assist you in determining a reasonable figure based on the severity of your injuries and the scope of long-term or permanent effects you face from the accident.

Contributory Negligence in North Carolina Personal Injury Cases

Anyone intending to pursue a civil claim for damages in North Carolina must understand the state’s contributory negligence law. Under this statute, a plaintiff loses their right to claim compensation from a defendant if they are partially responsible for causing their claimed damages. Even if the plaintiff bears slight fault for the incident in question, they lose their right to recover their damages with a personal injury claim.

Defendants charged with civil liability will generally look for any ways they can find to deflect liability. This may include asserting contributory negligence. Motorcycle accidents can happen very quickly, and liability for your accident may initially be unclear. For the best chance of accurately identifying the party or parties liable for your accident, you should speak with a Morganton motorcycle accident attorney as soon as possible after your crash.

Firmly establishing liability for your motorcycle accident damages in North Carolina may require obtaining traffic camera recordings, another driver’s cell phone records, statements from eyewitnesses, or physical evidence from the scene of the crash. Your case could demand the attention of a professional accident reconstructionist or other expert witnesses. Securing legal counsel from an experienced Morganton motorcycle accident attorney as soon as possible after your injury helps you take full advantage of the opportunities available to support your case.

What to Expect From Your Morganton Motorcycle Accident Attorney

An experienced Morganton motorcycle accident attorney is an invaluable asset for any motorcycle accident victim who wants to recover as fully as state law allows. When another party is liable for your injuries and economic losses, an experienced legal team can provide various legal services that can help you hold them accountable.

Initial recovery from a vehicle accident typically entails an insurance claim. Your attorney can draft your demand letter and help you resolve any controversies that arise regarding your claim. For example, if the insurance company denies you coverage, your attorney can appeal the decision or dispute a lowball settlement offer on your behalf.

After you exhaust the compensation options available to you through insurance, your legal team can assist you in pursuing further legal recourse against the defendant who caused your motorcycle accident. If you suffered painful injuries requiring extensive medical care, they are liable for all associated costs as well as the pain they have inflicted on you. Your accident likely caused a multifaceted financial problem for you and your family, and legal counsel you can trust is the best way to recover full compensation for the entire scope of your damages.

Law Office of Lyndon R. Helton, PLLC aims for maximum client recovery in every case we accept. Our team can carefully examine the details of your recent motorcycle accident and help determine liability. After identifying the parties bearing liability for your damages, we can help you accurately calculate those damages to ensure a fair and reasonable recovery. Our team can guide you through the insurance claim process and build your personal injury case when insurance can’t fully compensate your losses.

Motorcycle Accident Injuries FAQs

Q: What Is the Most Common Motorcycle Accident Injury?

A: Traumatic brain injuries are the most commonly reported motorcycle accident injuries in North Carolina and throughout the U.S. Even when a rider wears an appropriately fitted high-quality helmet, this can only mitigate head injuries. It does not prevent them entirely. These injuries also cause the most motorcycle accident fatalities, but any brain injury can easily result in long-term complications for the victim.

Q: Can You Claim Compensation for Psychological Distress From a Motorcycle Accident?

A: Any motor vehicle accident can be a terrifying and traumatic experience. North Carolina law allows the plaintiff in a personal injury case to seek compensation for their emotional suffering in addition to the physical pain they experienced. If you developed post-traumatic stress disorder (PTSD) or any other mental health condition in response to your motorcycle accident, an experienced attorney could assist you in holding the defendant accountable for the cost of treating your condition.

Q: Can an Attorney Help Me With Insurance?

A: You may face several types of insurance-related problems after a motorcycle accident. These may include a claim against an at-fault driver’s automotive insurance or a claim against your own healthcare coverage. Working with an experienced attorney is the best way to approach any insurance claim process with confidence. Your attorney can handle your initial demand letter and address any controversies that arise regarding your insurance claims. If you must take further legal action, your attorney can assist you in building a personal injury case.

Q: How Much Is My Motorcycle Accident Claim Worth?

A: The value of your claim depends on the severity of your damages. You have the right to expect full compensation for all your economic losses as well as additional compensation for the pain of your experience. A Morganton motorcycle accident attorney can provide an estimate of how much you can expect to receive for your claim, and their counsel can help ensure you receive a fair case award suitable for the scope and severity of your experience.

Q: Why Should I Hire a Morganton Motorcycle Accident Attorney?

A: Legal counsel you can trust significantly improves your chances of success with all of your recovery efforts after a serious motorcycle accident. These incidents can easily cause life-changing injuries, and if another party bears fault, you should not be left to bear the cost of their actions. An experienced attorney is the best asset to have for not only increasing your chances of winning a motorcycle accident case but also for maximizing your recovery.

Count on Us for Your Motorcycle Accident Claim

Law Office of Lyndon R. Helton, PLLC has extensive professional experience with difficult vehicle accident claims, including those pertaining to motorcycle crashes. If you believe another party is to blame for the motorcycle accident you or a loved one recently experienced, we can help you hold them accountable. For a detailed explanation of the legal services we offer and a consultation regarding your case, contact us today to speak with a Morganton motorcycle accident attorney you can trust.