Raleigh's Trusted Motorcycle Accident Attorney

• Prioritize your safety and well-being. If possible and safe, move to the side of the road.

• Call 911 to report the accident to law enforcement and ensure medical personnel are dispatched. Even if you feel okay, some injuries might not be immediately apparent.

• Exchange information with all involved parties (driver’s license, insurance, contact details).

• If you’re able, take photos and videos of the accident scene, vehicle damage, your injuries, and any contributing factors like road conditions or traffic signals.

• Avoid admitting fault or making statements that could be misinterpreted, as North Carolina has a strict contributory negligence law.

• Yes, North Carolina law requires all motorcycle operators and passengers to wear a safety helmet at all times.

• Helmets must comply with Federal Motor Vehicle Safety Standard 218 (FMVSS 218) and have a “DOT” sticker permanently affixed by the manufacturer. They must also have a firm inner liner of polystyrene foam, approximately one inch thick.

• North Carolina follows a strict “contributory negligence” rule, which is unique among most states. This means that if you are found to be even 1% at fault for your motorcycle accident, you are generally barred from recovering any compensation for your injuries and damages.

• There are limited exceptions to this rule, such as the “last clear chance” doctrine (where the other party had the last opportunity to avoid the accident despite your negligence) or if the other party’s conduct was grossly negligent or willful/wanton. Due to this strict rule, it’s crucial to consult with an experienced attorney immediately after an accident.

• In North Carolina, the standard statute of limitations for most personal injury claims, including motorcycle accidents, is three years from the date of the accident.

• For wrongful death claims resulting from a motorcycle accident, the statute of limitations is generally two years from the date of death.

• Missing these deadlines typically means you lose your right to file a lawsuit and seek compensation.

If you can prove the other party was at fault and you were not contributorily negligent, you may be able to recover various types of damages, including:

• Economic Damages: Medical expenses (past and future), lost wages (past and future), property damage (motorcycle repair or replacement), and other out-of-pocket expenses.

• Non-Economic Damages: Pain and suffering, emotional distress, disfigurement, and loss of enjoyment of life.

• Punitive Damages: In rare cases where the defendant’s conduct was exceptionally reckless, malicious, or involved willful/wanton behavior, punitive damages may be awarded to punish the at-fault party and deter similar conduct. These are typically capped in North Carolina, with some exceptions.