Motorcycle Accident Attorney in Charlotte525 North Tryon Street, Suite 1729
Charlotte, NC 28202
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Charlotte Motorcycle Accident Lawyer
North Carolina is one of the worst states in the United States to seek compensation for a motorcycle accident. This is because the state has some of the most plaintiff-unfriendly laws when it comes to car accident lawsuits. If you or a loved one has been injured in such an accident, hiring an experienced Charlotte motorcycle accident lawyer is critical.
At Morgan and Morgan, we might be able to fight for you or your beloved in such a situation to ensure you obtain the compensation you need and deserve. All you'll need to do is fill out our free case evaluation form to find out if you may have legal grounds to file a claim or lawsuit against the other party.
When to Hire a Charlotte Motorcycle Accident Lawyer
A Morgan and Morgan motorcycle accident attorney in Charlotte may be able to help you in different situations after such an accident. In general, you may need to hire an attorney from our team if any of the following is true:
- The accident has left you with significant injuries, affecting your physical and emotional well-being.
- Despite being entitled to compensation for your injuries and damages you incurred after the motorcycle accident, the insurance company you filed a claim with has denied the claim.
- You don't know where to file a claim in the first place.
- Multiple parties, such as other drivers or manufacturers of defective motorcycle parts, may have contributed to the accident.
- The accident resulted in the loss of a loved one.
Remember that these are just examples of different scenarios where our legal team may swing into action. As a general rule, you should contact us if you have suffered serious injuries. We will review your case for free and advise you on how best to proceed.
How a Morgan and Morgan Motorcycle Accident Lawyer in Charlotte, NC, Can Help
One of the most common questions we receive from accident victims in Charlotte is: I've been injured in a motorcycle accident. How can Morgan and Morgan help?
Review Your Case for Free
The first thing we'll do is carefully review the details of your case. The primary goal here is to ensure that you have a valid reason, at least from a legal standpoint, to pursue compensation for the injuries or losses you sustained.
Investigate the Case To Establish Facts
Our attorneys understand the importance of a comprehensive investigation to build a strong case for the injured. We will do everything we can to establish the facts, from gathering evidence to prove liability, interviewing witnesses to add more weight to your case, and reconstructing the accident scene if necessary. We have the power and resources to do this and so much more.
Calculate the Value of Your Injuries and Damages
In order to file a claim for the kind of compensation that reflects the true value of your injuries and losses, we will need to consider:
- your medical expenses resulting from the accident;
- whether you lost wages after the accident;
- the amount of pain and suffering you endured after the accident;
- whether you need long-term care;
- and many other factors that could be relevant to your case.
That's the only way we'll be able to ensure that you pursue fair and comprehensive compensation that takes into account both your current and future needs as a result of the accident.
Create a Legal Strategy To Pursue the Compensation You Deserve:
Navigating the legal process in Charlotte and anywhere in North Carolina is not easy, especially when dealing with insurance companies. To give you some perspective, North Carolina follows the controversial and claimant-unfriendly pure comparative negligence cases when deciding fault in a motorcycle accident case.
Unlike comparative negligence, which allows you to recover damages even if the injured party is partially at fault, the often-controversial contributory negligence doctrine operates under a stricter standard.
This unpopular doctrine holds that if a plaintiff is found to have contributed in any way to the accident that caused their injuries, they may be barred from recovering any compensation from the other party. This rule applies regardless of the degree of fault assigned to the plaintiff. It means that even if the court rules that the injured motorcyclist is only 1% at fault for the accident, that alone automatically rules them out of possible compensation for damages.
Consider the following situation as an example: let's say you were riding your motorcycle when you got hit by a distracted driver making an illegal turn on red. During the investigation to determine liability, investigators discover that you were driving 10 miles over the posted speed limit at the time of the accident.
We all know that running a red light is unlawful (unless when turning right but only in allowed areas). The fact that you drove 10 miles over the posted speed limit rules you out of potential compensation for your injuries and losses in North Carolina, thanks to the state's contributory negligence laws.
When you have such a legal doctrine in place, it can be challenging to seek compensation for your injuries, which further explains the importance of seeking legal representation from a skilled motorcycle accident lawyer at Morgan and Morgan. We know that insurance companies manipulate this rule to deny plaintiffs the compensation they deserve. Depending on the nature of your case, we may be able to fight back and ensure you don't get blamed for something you are not responsible for.
Deal With Insurance Companies on Your Behalf
Insurance companies can be stressful to deal with, particularly in a claimant-unfriendly jurisdiction like Charlotte, NC. As we mentioned earlier, they'll try to blame you for the accident whenever such an opportunity presents itself.
When they can't find a reason to blame you, they'll try to deny or undervalue your claim. Other insurance carriers may even use bad faith tactics to frustrate the entire claims process, forcing you to settle for less than you deserve.
A Morgan and Morgan motorcycle accident lawyer in this part of town understands all these tactics because they've handled similar cases before (and won). They will take care of all communications and negotiations with the insurance companies on your behalf, protect your rights and ensure that you are not taken advantage of during the claims process and after.
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What Should I Do After a Motorcycle Accident in Charlotte?
Your actions after a motorcycle accident in Charlotte will determine how the entire case plays out. No matter the circumstances, your health should be the first thing you need to take care of. Everything else can wait at that point.
Call 911 immediately and request emergency medical assistance if you have suffered serious injuries. And even if you don't believe your injuries are severe, you should still get checked by a medical professional.
Adrenaline and shock can sometimes mask the symptoms of more serious injuries, giving you a false sense of good health. These injuries can worsen with time and cause serious damage to your health or even lead to death if left untreated for a prolonged period.
Next, but only if circumstances allow, you should preserve evidence from the accident scene. This evidence can play a key role in your pursuit of compensation.
Evidence, in the context of a motorcycle accident, can be anything from photos or videos of the scene, including any damage to your motorcycle, eyewitness statements, the surrounding environment, and any visible injuries you sustained.
North Carolina law requires any driver involved in what the state describes as a 'reportable accident' to immediately report it to the police. This means any accident that leads to injuries, death, or property damage worth $1,000 or more (or any amount if the vehicle belonged to an individual charged with impaired driving).
When you report the accident to law enforcement, they will create an official accident report. Our attorneys will then use this report to strengthen your case when filing an insurance claim or pursuing legal action.
Lastly, and importantly, contact Morgan and Morgan for a free case evaluation. We will review the unique circumstances of your case, and if valid, we will fight to protect your rights and interests.
How Soon Should I Contact Morgan and Morgan About My Case?
In North Carolina, the statute of limitations for car accident lawsuits is three years from the date of the accident. Note that this does not apply to the deadline for filing an insurance claim; it only applies to lawsuits.
When it comes to filing insurance claims, you're required to do so in a timely manner. In most cases, this should be a matter of days or a week or two at the most.
What if Someone Died in the Motorcycle Accident?
If your loved one died in the accident, and you wish to file a wrongful death claim against the at-fault party, you only have two years to do so. The statute of limitations "clock" will begin ticking from the day of the deceased person's death, which could be later than the date of the accident itself.
What Happens If I Miss the Deadline for Filing a Lawsuit?
Unfortunately, that could mean not being able to recover compensation for your injuries and losses. That's because the defendant will likely file a motion to dismiss the case based on the grounds that the case has been time-barred. The court will likely grant the dismissal unless an exception applies.
From a strategic point of view, you should not wait too long to file a lawsuit, even if you believe your case will be resolved through a car insurance settlement.
In these types of cases, anything can happen. Insurance companies can make an unexpected U-turn. A new piece of evidence, whether valid or not, could change everything in an instant. Therefore, to protect your claim, it is important to keep all your options open to have more leverage during settlement negotiations.
Keep in mind that the insurance company will try to play hardball if they know that the deadline for filing a lawsuit is almost approaching. This puts your attorney in a difficult situation because they'll have to keep an eye on the deadline while also trying to negotiate a reasonable settlement.
Who Can Be Liable for a Motorcycle Accident in Charlotte?
Liability may fall in various parties, depending on the circumstances surrounding the accident. The most common scenario in such accidents is when another motorist causes the accident due to negligence or recklessness. If such is the case, you'll need to file a claim with their insurance carrier, given that North Carolina is an 'at-fault' state.
A government agency or entity can also be liable for a motorcycle accident, especially if the accident occurred due to a hazardous road condition like poor signage, inadequate road maintenance, or dangerous potholes.
You may also have a product liability claim if the motorcycle accident in question resulted from a defective part. Such a claim can be brought against the motorcycle manufacturer, marketer, distributor, or any other party.
Other third parties who indirectly caused the accident, either through their actions or inactions, can also bear a certain degree of liability. For instance, say the accident occurred due to improper repairs or maintenance by a mechanic or a negligent action by a third-party contractor responsible for road construction. In that case, you can hold them accountable and recover compensation for the injuries and losses they are responsible for.
Let Morgan and Morgan Handle Your Case
Handling a motorcycle accident case can be complex, especially without legal representation. Many different factors come into play, and even beyond that, you'll still need to conduct a thorough investigation, gather evidence, and build a strong case against the other party. It's even more challenging if multiple parties are involved, something you may or may not know, depending on how the accident occurred in the first place.
At Morgan and Morgan, we can take this burden off your shoulders, allowing you to focus only on recovering from your injuries or losses as we fight for the compensation you need and deserve. Because we are America's largest injury firm, we have powerful resources, over three decades of experience, and proven results. Don't wait a day longer to contact us for a free case evaluation.
The sooner you do so, the better your chances of obtaining a favorable outcome. So act fast and contact us now.