MOTORCYCLE ACCIDENT ATTORNEY IN CHARLOTTE

The steps you take immediately after a motorcycle accident can shape the outcome of your entire claim. Your health comes first, always. Call 911 and seek medical attention, even if you believe your injuries are minor. Adrenaline can mask symptoms, and some injuries may not present until hours or even days later.

If it’s safe to do so, preserve as much evidence as possible at the scene. Take photos of your bike, the surrounding area, any road hazards, and your injuries. Get contact details from witnesses and request a copy of the police report once it’s available. In North Carolina, any accident resulting in injury, death, or at least $1,000 in property damage must be reported to law enforcement.

The sooner you involve an experienced motorcycle accident attorney, the better. An attorney can begin an immediate investigation, preserving critical evidence and helping you avoid common pitfalls that could affect your right to compensation.

North Carolina follows an at-fault system, meaning the party responsible for the accident is financially liable for the damages. In motorcycle accidents, the liable party is often, but not always, another driver. A distracted, speeding, or impaired driver may easily overlook a motorcyclist until it’s too late.

However, liability isn’t limited to other motorists. You may also have a claim against:

• Government entities for dangerous road conditions, like potholes, poor signage, or construction debris
• Motorcycle or parts manufacturers for defects in design, brakes, tires, or safety features
• Mechanics or repair shops for improper maintenance that contributed to the crash
• Third-party contractors responsible for road work or temporary traffic changes

An attorney will thoroughly analyze the details of your case to determine all potentially liable parties and ensure no stone is left unturned.

If the driver who hit you fled the scene, you may still have legal options. North Carolina requires insurers to offer uninsured motorist (UM) coverage, which can help cover your injuries and damages in a hit-and-run. These cases often require extra investigation to track down evidence, such as surveillance footage, witness statements, or accident reconstruction. Don’t assume a hit-and-run means you’re out of luck; an attorney can help you pursue every available path to recovery.

In North Carolina, you typically have three years from the date of the motorcycle accident to file a personal injury lawsuit. For wrongful death claims, the statute of limitations is only two years from the date of death. Missing these deadlines can result in the court dismissing your case, no matter how strong your evidence is.

But waiting until the last minute also weakens your leverage in settlement negotiations. Insurance companies may stall or offer less compensation if they know you’re running out of time to sue. Taking legal action early keeps your options open and gives your attorney more time to build a strong case.

Because motorcyclists have less physical protection, their injuries are often serious. These may include spinal cord trauma, broken bones, traumatic brain injuries, internal bleeding, or permanent disfigurement. Compensation in a motorcycle accident claim may cover:

Economic Damages:

• Emergency room treatment, surgeries, and hospital stays
• Physical therapy and ongoing rehabilitation
• Prescription medications and medical devices
• Lost wages and loss of future income
• Property damage to your motorcycle

Non-Economic Damages:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Permanent disability or scarring
• Loss of consortium or companionship

In rare cases involving extreme recklessness or intentional harm, punitive damages may also be awarded to punish the wrongdoer and deter similar conduct in the future.

North Carolina’s pure contributory negligence rule is one of the harshest in the country. If you are found even 1% at fault for the accident, you may be barred from recovering any compensation at all. This makes it critical to work with experienced attorneys who can defend you from blame and present a clear case for the other party’s full responsibility.

In some situations, you may still recover compensation under the last clear chance doctrine. If the defendant had a final opportunity to avoid the accident but failed to act, that could override your partial fault. Your lawyer will assess whether this exception applies.

Helmet Use and Your Right to Compensation

North Carolina law requires most motorcyclists and passengers to wear helmets, but failing to do so doesn’t automatically bar you from pursuing a claim. That said, it can make your case more difficult. Insurance companies may argue that your injuries were worsened by not wearing a helmet, potentially triggering the state’s contributory negligence rule. An attorney can help push back against those tactics and work to show that the crash, not your helmet status, was the true cause of your injuries.

Motorcycle accident cases can quickly become overwhelming. Between managing medical recovery, insurance paperwork, and legal deadlines, it’s easy to feel like the system is stacked against you.

That’s where we come in.

Morgan & Morgan has the size, skill, and resources to take on even the toughest opponents. When you hire us:

• We investigate thoroughly, gathering police reports, witness statements, expert opinions, and any available video or forensic evidence.
• We negotiate aggressively, pushing back on lowball offers and demanding fair compensation for your pain and losses.
• We litigate confidently. If settlement negotiations fail, we’re ready to take your case to trial and fight for justice in court.

We operate on a contingency fee basis, which means you pay nothing up front and we only get paid if you win.

If you’ve been injured in a motorcycle accident in Charlotte, Morgan & Morgan is ready to stand by your side. We’re proud to serve North Carolina’s motorcyclists with the same grit, dedication, and results-driven mindset we bring to every personal injury case nationwide.

Don’t wait another day to get the legal support you need. Contact our Charlotte office for a free, no-obligation consultation and let us fight for the compensation you deserve.