Charlotte Motorcycle Accident Lawyers

Motorcycles provide a way to enjoy the freedom of the road in Charlotte, NC and our surrounding areas. Unfortunately, many riders lose their freedom and their health because of careless drivers who fail to look for motorcyclists when turning or making other traffic maneuvers. In recent years, we have seen an increase in the number of people injured and killed on motorcycles. If you have been injured or a loved one killed in an accident, a skilled attorney can help protect your rights and ensure that you receive the full compensation you deserve.

At Ayers, Whitlow & Dressler, our Charlotte motorcycle accident attorneys are committed to seeking justice for motorcyclists and their families. We offer a free initial consultation to discuss your case. We also offer a reasonable contingency fee billing policy to ensure our clients receive the compensation they deserve with affordable and accessible legal representation. You pay nothing up front for our legal services and only pay your contingency fee as a percentage of your case award once we win your case.

WHY DO I NEED A CHARLOTTE, NC MOTORCYCLE ACCIDENT LAWYER?

If you or a loved one are suffering in the aftermath of a motorcycle accident someone else caused, you might wonder whether you can hold them accountable on your own—especially if their fault seems readily apparent. When you are already struggling with expensive medical bills and lost income, adding legal fees to your situation can seem like an excessive expense. However, the reality is that an experienced Charlotte motorcycle accident lawyer is not only more likely to succeed with the claim than you would be on your own, but also more likely to uncover every available channel of compensation. In this way, a skilled attorney can maximize your overall recovery.

When an injured plaintiff attempts to represent themselves in a motorcycle accident case, they are likely to overlook crucial details or make procedural mistakes that cost them significantly. A late court filing, mistake on your court documents, or failure to address claimable compensation could lead to much less of a recovery than you rightfully deserve. You could even jeopardize your case entirely. Instead of making your already stressful situation even more difficult by attempting to handle it alone, have an experienced Charlotte motorcycle accident attorney represent you. With their skill and experience, you can recover with peace of mind.

Protecting The Rights Of Motorcyclists

Many people associate motorcycles with reckless drivers who weave crotch-rockets in and out of traffic — or worse, with motorcycle gangs. In reality, most motorcyclists are professionals and working men and women who ride for recreation and enjoyment. As attorneys, part of our job is to ensure that the insurance company — and if necessary, a jury — sees the person who was injured and not a stereotype.

In most cases, there is nothing the motorcyclist could have done to avoid the accident. People kill and injure bikers because they:

• Don’t see the motorcycle
• Swerve into a lane occupied by a motorcyclist
• Rear-end a stopped motorcycle
• Turn in front of a motorcycle

Motorcycle accidents cause very serious injuries because the rider has little in the way of protection. Secondary injuries can be caused when the rider is thrown to the pavement or another object. Our personal injury lawyers will work hard to build the strongest possible case against the negligent driver.

DAMAGES AND COMPENSATION IN MOTORCYCLE ACCIDENT CASES

Motorcycle accidents are significantly more likely to result in catastrophic injuries than motor vehicle accidents. Even when motorcyclists wear appropriate helmets and safety gear they still have virtually no physical protection from the force of a crash. North Carolina requires all drivers to carry appropriate auto insurance to drive in the state.

The first step toward recovery after a motorcycle accident is usually an insurance claim against the at-fault driver’s policy. However, severe injuries and other economic losses can quickly surpass the scope of the at-fault driver’s available coverage. When insurance isn’t enough to cover the victim’s losses, they need to build a personal injury claim to recover their remaining damages.

A motorcycle accident can easily cause significant economic damages, including:

• Medical expenses. Motorcycle accidents can cause traumatic brain injuries, spinal injuries, bone fractures, internal organ damage, friction burns, and severe cuts, scrapes, and lacerations. The defendant is responsible for any and all medical expenses the plaintiff incurs due to their actions. This includes projected future medical costs when the plaintiff is likely to require ongoing medical care for their injuries.
• Lost wages. A motorcycle accident resulting in severe injuries is likely to leave the victim unable to work while they recover. The defendant is liable for any lost income the plaintiff incurs due to the motorcycle accident. Additionally, if the plaintiff is permanently disabled from their injuries and cannot return to work, the defendant would be responsible for their lost earning capacity. Compensation will replace the wages they would have likely earned in the future had the incident not occurred.
• Property damage. While auto insurance may cover some of the plaintiff’s vehicle repair or replacement costs, a personal injury claim can help them secure compensation for the remainder of their property losses.

Your Charlotte motorcycle accident lawyer will assist you in accurately calculating the entire scope of the damages you can include in your claim. Beyond your economic damages, you also have the right to claim noneconomic damages for pain and suffering. This may sound difficult to translate into a monetary value, but your attorney can assist you in calculating a reasonable pain and suffering claim based on the severity of your injuries. A skilled Charlotte motorcycle accident attorney will often consider a client’s claimed medical expenses before multiplying the total by as much as five times to reflect the seriousness of the situation. If your accident caused any permanent harm, you are more likely to secure a substantial settlement based on the pain and suffering portion of your successful motorcycle accident claim.

INJURIES COMMONLY REPORTED FROM MOTORCYCLE ACCIDENTS

Any motor vehicle accident is capable of causing severe injuries to those involved. However, the risk of injury is substantially higher in a motorcycle accident due to the minimal physical protection the rider has. Additionally, the rider faces an injury risk not only from the primary impact from contact with the other vehicle, but also the secondary impact of hitting the ground. Some of the most reported injuries from motorcycle accidents in North Carolina include:

• Traumatic brain injuries. TBI are not only potentially life-threatening but also carry a high probability of resulting in permanent disabilities. Even if a rider wears a Department of Transportation approved helmet, the best motorcycle helmets can only reduce, not eliminate, the risk of brain injury in an accident.
• Spinal cord injuries. Any damage to the spinal cord is likely to result in some degree of permanent disability. The spinal cord carries brain signals throughout the body. Interrupting this channel can result in loss of sensation, reduced mobility, or even paralysis.
• Broken bones. Vehicle accidents can easily result in bone fractures. These injuries are very painful and may also be difficult to treat. Some fractures may heal within a few months with appropriate care, but others may require surgical correction and cause long-term nerve damage and chronic pain.
• Friction burns. Also known as “road rash,” this type of injury occurs when the rider slides on the road surface after being thrown from their bike. Even if the rider wears the appropriate protective gear, they could suffer rock fragments and asphalt embedded in their skin and severe damage to soft tissues.
• Neck, back, and shoulder soft tissue injuries. Crash impact forces can cause the soft tissues of the upper body to hyperextend or even snap, causing mobility impairment and severe pain. Some soft tissue injuries will require surgical correction.

It’s common for motorcycle accidents to cause multiple injuries, and the victim may spend months under direct medical care before facing an even longer recovery period. When these incidents occur, it’s vital for victims to identify those responsible and secure legal counsel capable of ensuring accountability.

COMMON CAUSES OF MOTORCYCLE ACCIDENT PERSONAL INJURY CLAIMS IN CHARLOTTE, NC

Motorcycle accidents in Charlotte, NC happen frequently, and the determining factor that decides whether the victim has the right to file a personal injury claim is negligence or intentional misconduct. If another party is directly responsible for your recent motorcycle accident, you have the legal right to pursue compensation for your damages. Some of the most reported causes of motorcycle accident claims in North Carolina include:

• Distracted driving. This is the leading cause of motor vehicle accidents throughout the US. Every driver has a legal responsibility to drive their vehicle attentively. Motorcycles are harder to see than larger passenger vehicles, so distracted driving is especially dangerous around motorcyclists. Even a few seconds of distracted driving is potentially sufficient to cause a devastating crash.
• Driving under the influence (DUI). It is extremely dangerous and illegal for anyone to operate a vehicle while intoxicated. When a DUI driver causes a motorcycle accident, they are not only liable for the victim’s civil damages but can potentially face criminal charges for DUI and even criminal negligence. Conviction for DUI in North Carolina can lead to fines, jail time, and driver’s license suspension. These penalties increase when the DUI driver has multiple DUI convictions, or if they hurt or kill anyone while driving impaired.
• Aggressive driving. Unfortunately, some drivers engage in dangerous maneuvers out of impatience and frustration. Swerving, tailgating, and weaving between slower-moving traffic are just a few examples of aggressive driving that can cause serious accidents. If a driver causes a motorcycle accident due to reckless or aggressive driving, they may face criminal charges in addition to civil liability for the victim’s damages.
• Speeding. It’s vital for all drivers to heed posted speed limits. Accidents that occur at high speeds are more likely to result in severe or fatal injuries, especially when motorcycles are involved.
• Moving violations. Traffic signals exist to allow drivers to anticipate the actions of other drivers nearby. When drivers make illegal turns and U-turns, fail to yield the right-of-way where appropriate, or run stop signs and red lights they put themselves and others at extreme risk.
• Vehicle malfunctions and defects. If a motorcycle crash occurs because of a vehicle defect or some other malfunction, it’s possible that the manufacturer of the product in question could face liability for the victim’s damages under product liability laws.

There are many ways negligent and intentionally reckless drivers can cause devastating motorcycle accidents. If you believe another driver is directly responsible for your recent motorcycle accident injury, a Charlotte motorcycle accident attorney can help you hold them accountable for your damages.

HOW TO PROVE FAULT IN A MOTORCYCLE ACCIDENT PERSONAL INJURY CLAIM

Succeeding with any personal injury claim in North Carolina requires identifying the party or parties responsible for your injury and proving the full extent of your damages. A motorcycle accident claim could potentially revolve around negligence (a failure to exercise reasonable care) or it may pertain to intentional misconduct like DUI. Your Charlotte motorcycle accident attorney can help you prove fault for your damages by completing several steps:

• The plaintiff must identify the party or parties responsible for their injury and demonstrate their legal responsibility to act with care while driving. As mentioned, all drivers have the responsibility to refrain from operating their vehicles under the influence of drugs or alcohol. All drivers must drive according to the rules of the road and avoid endangering other drivers.
• The plaintiff must demonstrate how the responsible party in question failed to uphold this responsibility and breached their duty to drive safely. This could be through demonstrating negligence like running a stop sign or intentional misconduct like driving under the influence of drugs or alcohol. The plaintiff must show that the defendant’s actions were inconsistent with what another reasonable adult would have done in the same situation.
• Next, the plaintiff must provide proof of the full scope of their claimed damages. This may include receipts for vehicle repairs, medical expense invoices, and other physical evidence. The plaintiff only has grounds for a civil claim if they experienced tangible losses or measurable harm from the defendant’s actions.
• Finally, it’s essential to prove that the damages the plaintiff is claiming occurred as a direct result of this breach of care and not some other cause. This is “causation,” and it is an essential legal component of establishing liability for a plaintiff’s damages.

Your Charlotte motorcycle wreck attorney will assist you in gathering the evidence, witness testimony, and expert witness statements you may require for establishing liability for your damages. The vast majority of civil claims filed in the US settle outside of court, and your legal team will help you prepare for settlement negotiations. However, if the defendant denies liability, asserts that the plaintiff caused the accident, or contests the scope of the damages the plaintiff includes in their claim, the case could proceed to civil litigation.

SHOULD I GET A CHARLOTTE MOTORCYCLE ACCIDENT ATTORNEY FOR AN ACCIDENT THAT WAS MY FAULT?

If you recently suffered injuries and other damages in a motorcycle accident, it’s vital to seek legal counsel as soon as possible. North Carolina upholds a contributory negligence law, meaning that if a plaintiff is even partially at fault for causing their damages they cannot file a civil claim against a defendant. Contributory negligence is one of the most cited counter arguments from defendants in North Carolina personal injury claims.

If you have any concerns about your potential liability for your damages, or if you believe the defendant responsible for your accident will try to claim contributory negligence, you need to secure legal counsel as soon as possible.

IS IT WORTH HIRING A MOTORCYCLE ACCIDENT ATTORNEY?

While it’s understandable to feel overwhelmed about the potential complications a legal claim can involve—especially after you’ve experienced a devastating injury—consider what you risk by not securing legal counsel to pursue a claim. You could jeopardize your ability to continue providing for yourself or your family. Worse, the legal burden of dealing with the damages caused by the accident can often compound over time.

Some motorcycle accident insurance claims raise difficult questions concerning the physics behind how the accident occurred. Many motorcyclists struggle to prove another party’s liability for an accident and experience difficulty negotiating a suitable settlement with the insurance companies. Fortunately, Ayers, Whitlow & Dressler has years of experience guiding clients through all types of difficult personal injury claims, including motorcycle accident cases.

Our experienced Charlotte motorcycle accident lawyers can be an invaluable asset, both in dealing with the insurance companies and pursuing a personal injury claim. Your legal team can potentially secure testimony from relevant experts to support your case in several ways. Engineers or accident reconstruction experts can help prove exactly how an accident happened. Medical experts may testify so the full extent of the plaintiff’s medical condition following the accident is perfectly clear.

Contact Our Team Today

If you or a loved one has been injured in a motorcycle accident, call 704-594-4317 or contact us online to schedule a free initial consultation. We can help you determine liability for your recent motorcycle accident and provide the answers you need to your most important legal questions.

We accept personal injury cases on a contingent fee basis. We only collect attorney fees if we obtain compensation for you.