Charlotte Motorcycle Accident Lawyer

Injured in a Motorcycle Accident in North Carolina?

Motorcycle accidents can result in serious injuries and life-altering consequences. These accidents often involve unique challenges due to the vulnerability of motorcyclists on the road. Insurance companies may try to shift blame or downplay the severity of your injuries, leaving you without the compensation you deserve. Having a knowledgeable and dedicated Charlotte motorcycle accident lawyer by your side can make all the difference in securing a fair settlement.

At Shane Smith Law, we understand the devastating impact that a motorcycle accident can have on your life. If you or a loved one has been involved in a motorcycle accident in North Carolina, you need an experienced attorney to help you navigate the legal process. Our team has extensive experience handling motorcycle accident cases and will work tirelessly to ensure that you receive the compensation you are entitled to.

Call (980) 246-2656 or fill out our online contact form today to schedule a free consultation.

Common Causes of Motorcycle Accidents

Unfortunately, many motorcycle accidents are caused by other motor vehicles. These types of collisions can happen due to various factors, often resulting from a combination of human behavior, environmental conditions, and vehicle dynamics.

Some common causes of motorcycle accidents involving drivers of other vehicles include:

• Failure to See Motorcycles: Motorcycles are smaller and less visible than cars, trucks, and other larger vehicles. Sometimes, drivers fail to notice motorcycles in traffic or at intersections, leading to collisions.
• Unsafe Lane Changes: Drivers may change lanes without properly checking their blind spots, not realizing that a motorcycle is in their path. This can result in sideswipe accidents or the motorcycle being forced off the road.
• Left-Turn Collisions: Left-turn accidents occur when a vehicle makes a left turn in front of an oncoming motorcycle. Drivers may misjudge the speed of the motorcycle or fail to notice it altogether, resulting in a dangerous collision.
• Distracted Driving: Distractions such as texting, talking on the phone, adjusting the radio, or using in-car infotainment systems can divert a driver's attention away from the road and increase the likelihood of not noticing motorcycles.
• Following Too Closely: Tailgating or following motorcycles too closely reduces the driver's reaction time. If the motorcycle suddenly slows down or stops, the driver might not have enough time to avoid a collision.
• Driving Under the Influence: Alcohol and drugs impair a driver's judgment, coordination, and reaction time, increasing the risk of accidents involving motorcycles.
• Failure to Yield the Right of Way: Drivers not yielding the right of way to motorcycles, especially at intersections, can lead to collisions. This might be due to a lack of awareness or disregard for the rules of the road.
• Speeding: Speeding reduces a driver's ability to react to sudden changes in traffic conditions. If a motorcycle appears unexpectedly, a speeding driver may not be able to avoid a collision.
• Driver Inexperience: Inexperienced drivers may struggle to anticipate the actions of motorcyclists or may make incorrect judgments about how motorcycles behave on the road.
• Aggressive Driving/Road Rage: Aggressive driving behaviors like tailgating, cutting off other vehicles, and aggressive lane changes can lead to dangerous situations for motorcyclists.
• Failure to Signal: Not using turn signals or using them improperly can lead to confusion for other road users, including motorcyclists, resulting in accidents.
• Poor Weather Conditions: Rain, fog, and other adverse weather conditions can reduce visibility and traction for both drivers and motorcyclists, increasing the risk of accidents.

The Devastating Consequences of a Motorcycle Accident

Motorcycles offer minimal protection to riders compared to enclosed vehicles. There are no seat belts, airbags, or metal frames to shield motorcyclists from the impact of a collision. In a crash, riders are directly exposed to the forces of impact, which can lead to catastrophic or fatal injuries.

Many motorcycle accident survivors face long-term disabilities that can impact their ability to work, engage in daily activities, and maintain their quality of life. At Shane Smith Law, our primary goal is to ensure you receive fair compensation for the damages you've suffered.

This may include:

• Medical Expenses: Coverage for current and future medical bills, including hospital stays, surgeries, medication, physical therapy, and more.
• Lost Wages: Compensation for time missed from work due to injuries sustained in the accident.
• Pain and Suffering: Damages for the physical pain, emotional distress, and mental anguish resulting from the accident.
• Property Damage: Reimbursement for repair or replacement of your motorcycle and other property that was damaged in the accident.
• Wrongful Death: If you've lost a loved one in a motorcycle accident, we can help you pursue a wrongful death claim to seek compensation for funeral expenses, loss of financial support,

Should You Accept the First Settlement Offer?

After a motorcycle accident, insurance companies often present a settlement offer quickly, hoping you will accept before fully understanding the extent of your damages. While the initial offer may seem convenient, it is typically far from adequate in covering all your losses.

The first settlement offer is often calculated to minimize the insurance company's liability, not to provide you with full and fair compensation. These offers frequently overlook critical factors such as ongoing medical expenses, future lost wages, and the physical and emotional toll of the accident. Non-economic damages like pain and suffering, which can significantly impact your life, are also commonly undervalued.

Accepting the first offer also means waiving your right to pursue additional compensation later. This can be particularly problematic if you experience delayed symptoms or discover long-term injuries that require further medical treatment. Once you agree to a settlement, you cannot reopen your claim.

Before accepting any offer, it is crucial to assess the full extent of your injuries and the long-term financial impact of the accident. Consulting an experienced motorcycle accident attorney ensures that your claim is accurately evaluated, and you receive a settlement that reflects the true value of your damages. A skilled attorney can negotiate with the insurance company on your behalf and, if necessary, take the case to court to secure fair compensation.

How Does Helmet Use Affect Your Claim?

In North Carolina, wearing a helmet is not just a safety measure—it is a legal requirement for all motorcycle riders and passengers. This law is intended to reduce the risk of serious injuries in the event of an accident. Helmet use can also play a significant role in determining the outcome of your motorcycle accident claim.

If you were wearing a helmet at the time of the accident, it demonstrates that you were following the law and taking reasonable precautions to protect yourself. This can strengthen your claim and make it easier to recover damages for your injuries. The presence of a helmet can also limit the defense’s ability to argue that you contributed to the severity of your injuries.

However, if you were not wearing a helmet, the situation becomes more complicated. North Carolina follows a strict contributory negligence rule, which bars a victim from recovering any compensation if they are found to be even partially at fault for their injuries. If the lack of a helmet is deemed to have contributed to your injuries, it could jeopardize your ability to secure compensation.

It is important to note that not wearing a helmet does not necessarily mean you cannot file a claim. An attorney can help argue that your injuries were primarily caused by the other party’s negligence, not by your decision to forgo a helmet. Additionally, if the accident involved damages unrelated to head injuries, such as broken bones or property damage, you may still be eligible for compensation.

In any motorcycle accident case, legal guidance is essential to navigate the complexities of North Carolina’s laws and contributory negligence standards. An attorney can evaluate your situation and advocate for the best possible outcome, regardless of whether you were wearing a helmet.

Ready to Help You Today

When you work with our Charlotte motorcycle accident attorney, you can be confident that we will do everything in our power to protect your rights. We will investigate the accident, gather evidence, and work with experts to build a solid case on your behalf. Our firm will also negotiate with insurance companies and fight for your rights in court if necessary.

Contact us by calling (980) 246-2656 today to schedule a free consultation with one of our Charlotte motorcycle accident lawyers to learn more about how we can help you get the compensation you deserve.