Do You Need a Fayetteville Motorcycle Accident Lawyer?
North Carolina's roadways are frequently traveled by motorcycles. From the Blue Ridge Parkway in western North Carolina to the coastal highways along the Atlantic, there is no shortage of scenic drives. The state's weather also means they can be ridden nearly all year long. However, motorcycles can be dangerous, and accidents can result in serious injury and sometimes death.
When it comes to motorcycle crashes, a Fayetteville motorcycle accident lawyer from our law firm can help. For a free initial consultation with an experienced attorney serving central and eastern North Carolina, please call (910) 387-9186.
Why Choose our Fayetteville motorcycle accident lawyers?
Since 1985, our firm has recovered millions of dollars in compensation (see disclaimer below) for motorcycle accident victims in the Fayetteville area and across the state.
Motorcycle Accidents Result: Recent Wins
- $1,000,000 — Our client was a passenger and was thrown from a motorcycle when the driver lost control in a sharp curve. She suffered serious injuries including traumatic brain injury. We successfully proved the driver was negligent and negotiated a $1,000,000 total settlement with the insurance company.
- $1,000,000 — A motorcyclist was thrown 15 feet from his bike when a truck failed to stop at a stop sign, causing a terrible accident. The other driver was criminally charged and we pursued a civil claim, negotiating a $1MM settlement with the insurance carrier.
- $300,000 — Our client was pulling his motorcycle onto a busy NC highway when he was t-boned by another vehicle. We determined the other driver was at fault and successfully negotiated a $300,000 settlement through mediation.
We pride ourselves on providing excellent client service, and we’re humbled by the way our clients describe their experience working with our attorneys and staff:
- “Every time I’ve needed them, they were there for me.” -Tyronnie T.
- “They handled my case very professionally, with respect from beginning to end.” -Joseph P.
- “I would not have won my case without the help from my team at Riddle & Brantley.” -John S.
- “It was nice to see Riddle & Brantley put me and my needs first.” -R. Colley
award-winning North Carolina injury attorneys
Our attorneys have been recognized by some of the most prestigious organizations in the legal industry (see disclaimer below), including:
The National Trial Lawyers Top 100
Super Lawyers
Multi-Million Dollar Advocates Forum
Million Dollar Advocates Forum
The National Association of Distinguished Counsel
Attorneys Gene Riddle and Adam Smith have been recognized with the AV Preeminent rating from Martindale-Hubbell, the organization's highest rating for practicing attorneys (see disclaimer below).
In 2014, Gene was also awarded the Litigator Award in recognition of his experience and results (see disclaimer below).
Common types of motorcycle accident claims
When motorcycle accidents happen, they can be complex and involve a significant amount of evidence. At Riddle & Brantley, our motorcycle accident attorneys have the experience and resources to oversee comprehensive accident investigations to prove fault and strengthen your case.
We have a team of retired law enforcement personnel on staff to help lead investigations.
We’ve handled cases involving all types of motorcycle accident injuries, including:
- Traumatic brain injuries
- Head injuries including concussions
- Spinal cord injuries
- Broken bones
- Amputations (loss of limbs)
- Cuts, scrapes, and contusions
- Road rash
- Back injuries
- Shoulder injuries
- Neck injuries including whiplash
- Burns
- Paralaysis and semi-paralysis
- Coma
- Wrongful death
In the most heartbreaking situations, our wrongful death lawyers are ready to help surviving family members fight for justice for lost loved ones. In motorcycle accident cases resulting in long-term disability, our disability lawyers can also assist with claims and appeals to the Social Security Administration.
types of compensation available in motorcycle accident cases
Victims of motorcycle accidents may be entitled to various forms of compensation, depending on the specifics of their case. At Riddle & Brantley, we work diligently to secure all applicable damages for our clients. These may include:
- Medical Expenses: This covers all costs related to your accident injuries, including emergency room visits, hospital stays, surgeries, medications, physical therapy, and future medical care.
- Lost Wages: If your injuries prevent you from working, you may be compensated for lost income, including future earning capacity if you're unable to return to your previous job.
- Pain and Suffering: This non-economic damage compensates you for the physical pain and emotional distress caused by the accident and your injuries.
- Property Damage: This includes compensation for repairs or replacement of your motorcycle and any other personal property damaged in the accident.
- Disability: If your injuries result in temporary or permanent disability, you may be entitled to additional compensation.
- Loss of Enjoyment of Life: This covers compensation for activities you can no longer participate in due to your injuries.
- Disfigurement: If the accident left you with visible scars or other disfigurements, you may be entitled to additional damages.
- Loss of Consortium: In severe cases, your spouse may be able to claim damages for loss of companionship and support.
- Punitive Damages: In cases of extreme negligence or intentional harm, punitive damages are awarded to punish the at-fault party and deter similar behavior.
Every case is unique, and the types and amounts of compensation available will depend on the specific circumstances of your accident. Our experienced Fayetteville motorcycle accident lawyers will thoroughly evaluate your case to ensure we pursue all forms of compensation you're entitled to under North Carolina law.
Steps to Take After a Motorcycle Wreck
After a motorcycle accident, you'll want to take the following steps to protect your health and legal rights:
1. Seek Medical Attention Immediately
Even if you feel fine, some injuries may not be immediately apparent. Visit a doctor or emergency room as soon as possible.
2. Document Your Injuries
Take photos of any visible injuries and keep a record of all medical visits and treatments.
3. Gather Evidence
If you haven't already, try to collect:
- Photos of the accident scene, vehicle damage, and road conditions
- Contact information of witnesses
- The police report number
4. Avoid Discussing Fault
Do not admit fault or discuss the details of the accident with anyone except your lawyer and the police.
5. Do Not Accept Early Settlement Offers
Insurance companies may try to offer a quick settlement. Decline to negotiate without legal representation.
6. Keep a Record of Expenses
Document all accident-related expenses, including medical bills and lost wages.
7. Contact Our Fayetteville Motorcycle Accident Lawyers
Call us for a free consultation. We can help protect your rights and guide you through the next steps.
8. Follow Medical Advice
Attend all follow-up appointments and adhere to your doctor's treatment plan.
9. Preserve Evidence
Don't repair your motorcycle or dispose of damaged gear until after consulting with an attorney.
10. Limit Social Media Activity
Avoid posting about the accident on social media, as this could potentially harm your case.
Remember, the actions you take in the days following your accident can significantly impact your ability to recover fair compensation. If you have any questions or concerns, don't hesitate to reach out to our experienced team at Riddle & Brantley Accident Injury Lawyers.
Can I File a Claim if I Wasn't Wearing a Motorcycle Helmet?
North Carolina requires all riders to wear a highway-approved motorcycle helmet. At Riddle & Brantley, we strongly urge riders to wear a helmet at all times, even if they are operating their bikes in a state that does not have similarly strict laws.
However, we understand that there are times when a rider forgets or elects not to wear one. If they are involved in an accident in Fayetteville, they can file a motorcycle accident lawsuit. Still, the failure to wear a helmet may limit the damages they might recover.
North Carolina's Strict Contributory Negligence Standards
North Carolina law prevents accident victims from recovering damages if they are responsible for their injuries. So, if the rider were not wearing a helmet, the negligent party and their insurance carrier would claim the victim was negligent because they did not comply with North Carolina motorcycle laws.
Our Fayetteville personal injury attorneys know that no two motorcycle accidents are alike.
We might use the evidence of your case to show, for example:
- Your injuries would have occurred even if you had worn a helmet (e.g., you injured an arm or a leg or sustained an internal body injury that a helmet would not have prevented).
- A helmet would not have prevented your injuries.
- The careless driver's negligence was so apparent or egregious that no amount of negligence can be ascribed to the rider.
The Elements of a Motorcycle Accident Claim
To recover damages in a personal injury lawsuit, an injured rider must claim that:
- The negligent driver owed them a duty to operate a vehicle safely.
- The driver breached that duty.
- The rider suffered losses and injuries as a direct and proximate result of that breach, and
- The rider incurred costs and expenses because of those losses and injuries.
As noted, in a North Carolina motorcycle accident lawsuit, the negligent driver and their insurance company will make an affirmative defense that the rider bears some responsibility. Therefore, they cannot recover damages under North Carolina law.
When the evidence about the accident is favorable to the rider, we will use it to show that the negligent motorist's actions were the direct and proximate cause of the victim's injuries and that their actions had nothing to do with those injuries.
Pursuing Claims in a Motorcycle Accident Case
Call a Fayetteville motorcycle accident lawyer at Riddle & Brantley before you talk to insurance claims adjusters. If you retain us and we accept your case, we will manage all communications with insurers and, to the extent possible, prevent them from using any of your actions to defeat your claim.
Experienced Fayetteville Lawyers for Motorcycle Accidents and Injury cases
With more than 220+ years of combined legal experience, our motorcycle accident lawyers can handle all aspects of your claim or lawsuit, including:
- Organizing a comprehensive accident investigation
- Collecting and preserving important evidence
- Hiring expert witnesses like accident reconstructionists
- Obtaining witness testimony
- Helping you prepare for statements to the insurance company
- Obtaining the official accident report from law enforcement
- Negotiating with the insurance company and defense counsel
- Referring you to trusted medical providers
- Calculating damages
- Obtaining a comprehensive life care plan if necessary
- Filing a lawsuit if necessary
- Drafting and filing legal briefs and other court documents
- Representing you in hearings
- Conducting depositions
- Representing you in mediation and/or arbitration proceedings
- Presenting your case at trial
- Setting up trusts and/or guardianships if necessary
- Helping negotiate to lower your medical liens
Don’t wait — studies show that those who hire a personal injury lawyer to handle their accident case recover three times more compensation on average than those who represent themselves.
Speak to a Fayetteville motorcycle accident attorney today
Free consultations are available in our Fayetteville office by appointment only, and we are also available to consult with you by phone, email, text and video conference. There is no in-person meeting required to get started on your case, but our motorcycle accident lawyers are happy to come directly to you if you prefer.
Call (910) 387-9186 today, and let's review your motorcycle accident claim. You may be entitled to significant financial compensation.
*** Disclaimer: The results mentioned are intended to illustrate the type of cases handled by the firm. These results do not guarantee a similar outcome, and they should not be construed to constitute a promise or guarantee of a particular result in any particular case. Every case is different, and the outcome of any case depends upon a variety of factors unique to that case.
*** Disclaimer: An attorney must meet certain requirements to join these organizations or receive these awards. For more information on Membership Criteria for Million Dollar Advocates Forum, Multi-Million Dollar Advocates Forum, Super Lawyers, The National Trial Lawyers Top 100, The National Association of Distinguished Counsel, AV Preeminent by Martindale-Hubbell, the Litigator Award, and other memberships, awards, and accolades, please visit our Membership Criteria page. These awards and memberships should not be construed as a promise or guarantee of a similar result. Each case is different and must be evaluated separately.
This page has been updated on 07/22/24