If you ride a motorcycle, you enjoy the rush of wind and thrill of speed. Unfortunately, the things you love about your bike put you at risk for serious injury in the event of an accident. Motorcycle crashes can lead to devastating injuries, property damage, and expensive medical bills.
But you may not have to bear those costs alone. Were you the victim of a motorcycle accident in Charlotte? Are you wondering what you should do next? If someone else caused your crash, you might be owed compensation for your injuries from the at-fault party’s insurance company.
Contact the Charlotte personal injury attorneys from DeMayo Law Offices immediately. We can help injured motorcyclists pursue compensation from the people who hurt them.
At DeMayo Law Offices, our Charlotte motorcycle accident attorneys have a combined 150 years of legal experience. We’ve represented clients, just like you, many times before. We’ll use our skills, knowledge, and resources to fight for a favorable outcome to your case. You can depend on us to seek the financial settlement you deserve.
To find out more about our legal services and how we can help you after your motorcycle crash in Charlotte, call us at (704) 850-6832 today.
Why Motorcycle Accidents are More Dangerous than Car Accidents
According to the National Highway Traffic Safety Administration (NHTSA), motorcycle crashes are extremely dangerous to riders. Motorcycle crashes result in serious injuries to riders, and, unfortunately, even fatalities. The NHTSA documented 4,985 motorcyclist deaths in 2018.
Most motorcycle accidents in the United States result in either an injury or fatality to the person on the motorcycle. The reason for this reality is because motorcycles leave the rider unprotected. When you ride in a car, you have the airbag, a seatbelt, and an engineered metal structure to protect you. Bikes can’t shield you from an impact in the same way.
Helmets provide some protection, but they can’t prevent all injuries when they involve high speeds and heavy vehicles. The force of a multi-ton vehicle is too strong for the rider to protect themselves with safety gear. They also risk being thrown from the bike and injured by flying debris.
Why Hiring an Attorney for Your Motorcycle Accident Claim is Important
If your motorcycle accident was caused by another driver’s negligence and left you with severe injuries, you should hire an attorney to file a personal injury claim as soon as possible. There are many reasons for this.
The primary reason most claimants cite as cause for not hiring an attorney is cost. Professional legal representation is expensive, and most people simply don’t have the financial means to hire an attorney after an accident. However, once you learn how we get paid for our work, this reasoning doesn’t hold up.
At DeMayo Law Offices, we work on what’s called a contingency fee payment structure. It works like this: our clients pay nothing upfront; no retainer, no fees, not a dime. We investigate your accident, build your injury claim, file it with the responsible party’s insurance company, and go through the entire claims process, which can take anywhere from a few days to several years depending on the severity of the accident and injuries. We work for as long as we must to try and get you compensation for your injuries, even going so far as to take your case to court if necessary. If we are not successful in getting you some kind of compensation through a settlement or award in your favor, you owe us nothing. If we are successful, we take an agreed-upon percentage of the settlement or award; it’s that simple.
This arrangement allows accident victims of all backgrounds and financial situations to utilize our services and gives us excellent incentive to vigorously pursue the compensation you need.
There are many other reasons why hiring a lawyer for your motorcycle accident injury claim is important, including:
- You don’t know what you don’t know. Dealing with an insurance company that will do anything in its power to deny your claim for compensation takes knowledge and experience within North Carolina injury law. Our attorneys have years of experience with injury claims of all types and can put that experience to work for you and your family.
- Insurance companies don’t have to be straight with you. An insurance adjuster will not concern themselves with whether your claim has any merit. They approach every claim for compensation as a battle to be won. They have a playbook of tactics and methods they utilize to convince claimants that their injuries aren’t worth the compensation they’re requesting, and some of these tactics are not exactly above board. They may try to empathize with your experience and convince you they are your friend and only wish to help you move on with your life. They may ignore your claim completely, hoping to run out the clock on the statute of limitations in North Carolina so you can’t file a lawsuit. They may even offer you quick cash in the form of a small settlement with the proviso that you drop any claim against their customer, hoping to take advantage of the financial impact a motorcycle accident can have. The truth is that an experienced attorney can help you see past these shady tactics and concentrate on what’s important: getting the compensation you and your family deserve.
- We deal with the facts. A motorcycle accident can be an emotional ordeal. You may be frustrated, angry, or depressed, all while dealing with insurance companies that seek to minimize your experience. If you attempt to file a claim on your own, you may feel even more frustration at the amount of time and energy needed to convince an insurance company that your claim has merit and their customer was obviously at fault. Hiring an attorney means you have an objective, professional advocate guiding you every step of the way. We remove the emotion from the conversation and deal with facts. We will handle the details and limit the additional stress on you.
- Damages are complex. Estimating damages in an injury lawsuit isn’t just about lost wages due to missed time at work or repair estimates for your motorcycle. There is a specific set of losses for which damages can be obtained, and if you don’t have a lawyer’s help in preparing your claim, you may be leaving money you’re owed on the table. Damages can include several different types of losses, both material and immaterial. Economic damages, like medical bills or property damage, are easy to understand, but obtaining compensation for non-economic damages, such as emotional distress or mental anguish, takes knowledge and experience. We can review relevant case law to determine exactly how much compensation is needed to recover all your losses, not just the ones visible to the naked eye. Mental health is even more important than repairing your motorcycle and your compensation should reflect this.
Why Should I Hire DeMayo Law Offices for my Motorcycle Accident?
Here are some concrete reasons why DeMayo Law Offices is the best choice to represent you:
We’ve been helping accident victims in the Carolinas obtain compensation for their injuries for almost thirty years. We’ve helped over 92,000 clients get the money they need. We take our mission seriously and are very skilled at what we do. We have over 100 legal professionals on staff with a combined total of over 150 years of legal experience.
We understand that giving back to the communities that have helped us grow is an investment in the future. We consider it part of our overall mission to help our friends and neighbors in any way we can, not just those who have suffered an injury. We realize this mission through giving to several charitable organizations like the Humane Society, Boys and Girls Clubs, and the American Heart Association. Our founder, Michael A. DeMayo, founded the Michael A. DeMayo Scholarship Program, which gives local high school seniors a chance to win thousands of dollars to use towards paying for college. We also host an annual Food Drive during the summer and an annual Toy Drive during the holidays.
The primary reason you should choose DeMayo Law Offices is that we get concrete results for our clients. Since 1992, we’ve helped our clients obtain over $850 million in settlements and awards. We can’t guarantee a positive outcome for your case, but we will put all our experience to work for you and your family.
Seeking Compensation for Motorcycle Accident Victims
North Carolina is a fault state when it comes to motorcycle crashes. That means you can pursue compensation from auto liability insurance if you get injured in an accident that someone else causes.
You could receive compensation for the following kinds of damages:
- Repairs to your bike or replacement
- Past and future medical costs
- Loss of income
- Lost future wages
- Pain and suffering
- Emotional or psychological pain
- Diminished quality of life
Your Charlotte motorcycle accident attorney from DeMayo Law Offices will begin investigating immediately after you hire our firm. Collecting evidence while it’s still available will help prove that the other motorist was to blame for your injuries.
Over time, witnesses might forget relevant details and some evidence like tire marks could be destroyed or lost; we need to perform our investigation early in order to obtain everything we need.
Important evidence for your motorcycle claim includes:
- Eyewitness testimony
- Police crash report
- Repair estimates or current value for your motorcycle
- Medical records and billing statements, physician notes, prescription medicines, hospital and surgery reports, and other documents related to your treatment
- Your recorded statement
- Copy of the liable driver’s auto insurance policy
- Photos of the crash site
- Video surveillance of the collision
You only have three-years in North Carolina to initiate a personal injury lawsuit. That may seem like a long time, but insurance claims can take months or years to resolve. If you need to file suit and the statute has already passed, a judge can dismiss your case. The sooner you file a claim, the better chance you’ll have to win the maximum compensation you deserve.
Find the Cause of Your Motorcycle Crash Immediately
If you can prove the accident happened through no fault of your own, you have the right to seek compensation for your injuries from the person who caused them. That’s why hiring a Charlotte motorcycle accident attorney is so important – at DeMayo Law Offices, we know how to investigate a crash to determine its cause and how to prove it in court.
The most common reasons other drivers cause motorcycle accidents include:
- Driving distracted (i.e., texting or eating while driving)
- Driving drunk
- Driving under the influence of drugs
- Reckless driving (speeding or tailgating)
- Failing to yield the right of way
- Lane changes
- Open car doors
- Failing to check blind spots
- Running a red light or stop sign
Sometimes environmental or situational factors contribute to crashes too. If motorists don’t adjust their behavior to account for dangerous situations, like adverse weather or construction, they risk causing a collision.
How Your Injury Could Affect the Outcome of Your Case
Even if you sustained a minor injury in a motorcycle accident, you’re still eligible to seek compensation. The amount of financial damages you can seek depends on the injuries you suffer. The more severe the injury, the higher the settlement will be.
If you’re fortunate enough to walk away from your crash, you may still be able to file an insurance claim against the liable driver for any medical treatment, property damage, or other costs you incurred. In a free consultation, the attorneys at DeMayo Law Offices can discuss what makes the most sense for you and your case.
Motorcycle injuries that typically lead to greater damages for victims include:
- Head trauma
- Loss of limb
- Spinal cord
- Broken bones
- Internal damage or organ injury
Injuries that cause permanent disability can affect your ability to return to the job you had before the crash. You may be able to seek compensation for the negative impact on your income. Our lawyers can help you file an insurance claim to demand reimbursement for your expenses to help you afford continued treatment for your injuries.
UM Coverage in North Carolina
Even though North Carolina law requires all drivers to hold liability insurance, some don’t. Whether they didn’t renew their policy after it expired or their insurer canceled it for lack of payment, many drivers don’t have the appropriate insurance coverage.
If you get hurt in a motorcycle crash, and the at-fault driver doesn’t have liability insurance, you can file a claim with your UM insurer. UM, or uninsured/underinsured motorist coverage, provides compensation for injured individuals when the negligent party either doesn’t carry insurance or their limits don’t cover your total damages.
Just like liability insurance, North Carolina law requires UM insurance. The limits you chose to purchase will determine the maximum settlement you can pursue in a claim. UM usually covers the same damages that liability insurance does, including medical expenses, motorcycle repairs, and pain and suffering.
Contributory Negligence and Its Impact on Compensation
Many states follow different negligence rules than those in North Carolina. Some use comparative negligence, which allows the victim of a motorcycle crash to recover damages even if they’re partially at fault.
However, North Carolina follows contributory negligence. That means the injured party must not share any blame for the accident to receive compensation. If an insurance adjuster or jury in a court case finds you even 1% to blame, you could be denied damages. Our attorneys will defend your right to full, fair compensation.
What are the Steps in a Motorcycle Accident Claim?
At DeMayo Law Offices, we’ll help you with every step of filing a motorcycle accident claim, including:
- Filing a claim with the liability carrier (or UM carrier if the at-fault driver doesn’t have insurance)
- Seeking medical treatment until your doctor releases you from their care
- Filling out required forms and authorizations from the insurance adjuster
- Maintaining all evidence from the accident, including medical records, motorcycle repair bills, physician notes, and lost wage reports to submit to the insurance company
- Negotiating a settlement amount with the insurance adjuster
- Filing a lawsuit, if you’re not satisfied with the settlement offer or the insurance company denies your claim
Don’t Pursue a Motorcycle Accident Case Alone
You shouldn’t try to deal with the insurance company by yourself. Hiring a Charlotte motorcycle accident attorney is the best way to seek the maximum settlement you deserve. Victims of motorcycle crashes that try to file a claim without legal representation often receive less than those who hire an attorney.
When you hire DeMayo Law Offices, we’ll make sure to handle everything for you, from filing the claim on your behalf to negotiating a settlement with the insurance company. We have the experience to take your case to trial, if necessary, and convince a jury that you deserve compensation for your suffering.
You Need a Dedicated Charlotte Motorcycle Accident Attorney on Your Side
When you’re the victim of a motorcycle accident you didn’t cause, you deserve a fair chance at pursuing compensation. Someone else’s bad decisions caused your injuries and they should be the one to pay for your damages. Liability insurance exists to pay for injuries and damages when motorists cause them, so don’t leave money on the table after your motorcycle crash.
Whether your case is big or small, DeMayo Law Offices will work hard to get you the justice you deserve. We believe making at-fault parties pay for their actions so victims, like you, can recover. You can depend on us to help you move on from your accident knowing that you’ve held the person who hurt you legally responsible.
To find out how our Charlotte motorcycle accident attorneys can help you with your case, call us at (704) 850-6832 and schedule a free consultation.
Provide your information below and we'll contact you.
Please do not include any confidential or sensitive information in this form. This form sends information by non-encrypted email which is not secure. Submitting this form does not create an attorney-client relationship.