Motorcycle accidents in North Carolina can cause serious injuries and complicated legal issues. When a motorcycle accident occurs, determining who is at fault and who holds liability becomes very important. The process of understanding fault and liability in these cases can be challenging for many people. Whether you are a rider, driver, or pedestrian, it is crucial to know how these legal concepts work in motorcycle accidents in North Carolina. This knowledge can help those affected to navigate the aftermath of an accident more easily. At, Phillips & McCrea, PLLC , we are here to guide you through the legal process and help you navigate the complexities of your case.
The state of North Carolina has specific laws that govern fault and liability in motorcycle accident cases. These laws aim to ensure that the right parties are held accountable for damages and injuries. If you are involved in a motorcycle accident in the state, it is important to understand how these laws might impact your situation. Liability refers to the legal responsibility someone has for causing harm to another person. In a motorcycle accident, this could mean being responsible for medical bills, lost wages, and other expenses that result from the crash.
What Is Fault in a Motorcycle Accident?
In any motor vehicle accident, fault refers to the person or party that caused the accident to happen. In North Carolina, fault is determined based on the actions of those involved in the crash. For example, if a driver runs a red light and hits a motorcyclist, the driver would be considered at fault. Determining fault involves looking at the facts of the accident, such as police reports, witness statements, and any available video footage. These details help piece together what happened leading up to the crash.
In North Carolina, the state follows what is called a contributory negligence rule. This rule is very strict and can make it harder for someone to recover compensation for their injuries. Under this rule, if the motorcyclist is found to be even slightly at fault for the accident, they may not be able to collect any damages from the other party. This can make fault determination critical in motorcycle accident cases because even a small mistake by the rider could affect their ability to get compensation.
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Michael Phillips
Marcel McCrea
Natalie Andruczyk
How Is Liability Determined in North Carolina?
Liability is directly tied to fault in motorcycle accidents. In North Carolina, the party who is found to be at fault for the accident will usually be held liable for the resulting damages. This includes paying for any medical bills, lost income, and repairs to the motorcycle. To determine liability, it is important to carefully examine all the evidence from the accident. This may include skid marks, vehicle damage, and testimony from those who witnessed the crash.
North Carolina’s contributory negligence law also plays a role in determining liability. If the motorcyclist is found to have contributed to the accident in any way, even if they are just one percent at fault, they may not be able to recover any compensation. This makes it especially important for motorcyclists to follow all traffic laws and ride carefully. Any evidence of wrongdoing on the part of the motorcyclist can seriously affect the outcome of a liability claim.
Common Causes of Motorcycle Accidents
Motorcycle accidents can happen for a variety of reasons. One common cause is driver negligence. This occurs when a driver fails to pay attention or drive carefully, leading to an accident with a motorcyclist. Examples of driver negligence include texting while driving, running a red light, or failing to check blind spots before changing lanes. These actions can result in serious collisions, especially when a motorcycle is involved, due to the smaller size and visibility of motorcycles on the road.
Other common causes of motorcycle accidents include speeding, dangerous road conditions, and mechanical failures. In some cases, the motorcyclist may also play a role in the accident. For example, if the motorcyclist is speeding or riding under the influence of alcohol or drugs, this could increase the risk of a crash. No matter the cause, determining fault and liability in motorcycle accidents is essential for those seeking compensation for their injuries.
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The Role of Insurance in Motorcycle Accident Claims
After a motorcycle accident, insurance companies will often get involved to help cover the costs of damages and injuries. North Carolina requires all drivers, including motorcyclists, to carry liability insurance. This insurance is meant to cover the costs of an accident if the insured party is found to be at fault. If you are involved in a motorcycle accident and the other driver is found at fault, their insurance should cover your medical expenses and motorcycle repairs.
However, insurance companies are businesses that aim to protect their own interests. This means they may try to offer a lower settlement than what you are actually owed. It is important to be cautious when dealing with insurance companies after an accident. Speaking with a lawyer can help ensure that you are receiving fair compensation for your injuries. Sometimes, insurance companies will try to argue that the motorcyclist was at fault, even if they were not. This is why having strong evidence to support your claim is important.
How Comparative Negligence Affects Motorcycle Accident Cases
As mentioned earlier, North Carolina follows a contributory negligence rule. This rule differs from what is known as comparative negligence, which is followed in many other states. In states with comparative negligence, both parties can share the blame for an accident. Even if the motorcyclist is partially at fault, they can still recover some damages, although the amount may be reduced based on their percentage of fault.
In North Carolina, contributory negligence is much stricter. If the motorcyclist is found to be even slightly at fault, they may not be able to recover any damages. This can make it very difficult for injured motorcyclists to get the compensation they need to recover from an accident. Because of this strict rule, it is critical to prove that the other party was entirely at fault for the accident.
I have worked and referred cases to Attorney Marcel McCrea in Charlotte, North Carolina, for a number of years. His zealous advocacy, keen attention to details, and client care are particularly noteworthy. He has been especially helpful in some complicated personal injury matters that I have referred to his firm. I highly recommend Marcel McCrea and Phillips and McCrea, PLLC for anyone looking for excellent attorneys.” - Frantz Jacques Phillips and McCrea do great work. When I had my car accident they were very diligent in showing me the process. They took care of all the necessary paperwork and negotiation in my personal injury claim. They were both passionate and determined to get me my settlement. I am eternally grateful. Definitely 5 star lawyers in my book." - Osmund Marcellin I was recently injured in a car accident. I hired Attorney Marcel McCrea of Phillips and McCrea, PLLC in Charlotte, NC to help me with my personal injury matter and to recover for my medical bills, lost wages, and pain and suffering. - S. Jackson
Before hiring the firm, I tried to negotiate with the insurance company on my own and got no where. Marcel McCrea did an excellent job and helped me to recover much more than I expected. Marcel and his staff exceeded my expectations and provided great customer service. I highly recommend the firm!"
What to Do After a Motorcycle Accident in North Carolina
If you are involved in a motorcycle accident in North Carolina, the steps you take immediately after the crash can impact your ability to receive compensation. First and foremost, you should seek medical attention, even if you do not feel seriously injured at the time. Motorcycle accidents can cause injuries that are not immediately visible, such as internal bleeding or concussions. It is important to get checked out by a doctor as soon as possible.
Once you are safe and have received medical care, you should try to collect as much information as possible about the accident. This includes taking pictures of the accident scene, getting contact information from witnesses, and obtaining a copy of the police report. All of this information can be useful when determining fault and liability later on. Additionally, avoid speaking to the other party’s insurance company until you have spoken with a lawyer. Anything you say to an insurance company could be used against you in your claim.
Why Fault and Liability Matter in Motorcycle Accident Claims
Understanding fault and liability is essential for anyone involved in a motorcycle accident in North Carolina. These concepts determine who is responsible for covering the costs of the accident, including medical bills, lost wages, and property damage. If the other party is found to be at fault, they will be held liable for these costs. However, if you are found to be even partially at fault, you may not be able to recover any damages due to the state’s contributory negligence law.
Because of the strict nature of this law, it is important to gather strong evidence to support your claim. This may include witness testimony, medical records, and photos of the accident scene. Having solid evidence can make a big difference in proving fault and ensuring that you receive the compensation you deserve.
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Navigating the legal aftermath of a motorcycle accident can be difficult, especially with North Carolina’s strict contributory negligence law. Working with an attorney can help you understand your rights and build a strong case to prove fault and liability. An attorney can assist in gathering evidence, negotiating with insurance companies, and representing you in court if necessary.
Because fault and liability play such a critical role in motorcycle accident cases, having legal representation can significantly increase your chances of receiving fair compensation. An attorney will work to ensure that the other party is held accountable for their actions and that you are not unfairly blamed for the accident.
If you have been injured in a motorcycle accident and are facing mounting medical bills, lost wages, and other expenses, seeking legal advice is a smart step. At Phillips & McCrea, PLLC, we are committed to helping motorcycle accident victims navigate the complex legal process and secure the compensation they deserve. Contact us today to discuss your case and learn how we can assist you.