Did you get hurt in a motorcycle accident? Was it due to another driver’s road rage? If so, you might be entitled to compensation. DeMayo Law Offices, LLP can represent you and provide the legal services you need to hold the at-fault party accountable for their reckless behavior.
Road rage is incredibly dangerous. It involves aggressive and careless actions that can result in vehicle accidents. When injuries occur, victims often require medical treatment to recover. Those medical costs can become a significant financial burden.
At DeMayo Law Offices, LLP, our team of Charlotte motorcycle accident attorneys has over 150 years of combined experience handling motorcycle accident cases. We will exhaust all resources and use our skills and knowledge to try to reach a favorable outcome. You can depend on us to fight hard for justice and pursue the maximum compensation you deserve.
To learn more about us and how we can help you, call (704) 333-1000 right now for your initial free consultation.
Common Examples of Road Rage
Various circumstances can lead to acts of road rage. Many drivers are rushing to get to work and feel frustrated when traffic congestion or unexpected delays interfere with their commute. Maybe someone unintentionally cut them off or isn’t driving fast enough. Whatever the reason, road rage incidents put drivers and passengers at risk of injury and death if an accident occurs.
The most common road rage behaviors include:
- Honking the horn
- Intentionally tailgating another vehicle
- Throwing objects at other cars
- Blocking another driver from merging into the lane
- Deliberately cutting off other motorists
- Forcing someone’s car off the road
- Slamming on the brakes
- Purposely bumping or crashing into someone’s vehicle
- Exiting the car to confront another person
- Cutting in front of a vehicle and slowing down significantly
- Using obscene gestures
- Flashing headlights at another driver
Any of these actions could have been the reason you were in a motorcycle accident. Motorcyclists are more likely to suffer severe injuries than the occupants of other vehicles. Without an airbag or seatbelt, the rider is largely unprotected in an accident. You could sustain severe road rash from contact with the pavement, become impaled by a sharp object, or get run over by a car. In 2019, 84,000 motorcyclists were injured, and 5,014 died in accidents. These are alarming statistics and show the risk people take when they ride their bikes.
Determining Liability After a Motorcycle Accident
State law requires all vehicle owners to purchase and maintain liability insurance. Minimum policy limits for property damage and bodily injury are also a requirement. The insurance company typically becomes the source of compensation through a claim.
Motorcyclists often need surgery, physical therapy, prescription medications, and other types of treatment to heal their injuries. They also might have to take time off work and miss out on earning income.
When you file a liability claim, you can pursue compensation for:
- Medical bills
- Physical impairment
- Lost wages
- Property damage
- Pain and suffering
If you require household assistance or continued medical care for permanent injuries, a settlement could potentially cover future losses as well as those you’ve already incurred. DeMayo Law Offices, LLP will review your case and determine its monetary value. We can negotiate with the insurance company on your behalf for an amount we believe is fair. If the insurance company denies your claim or offers a low settlement, we might have to file a lawsuit.
Deadline to File a Lawsuit in North Carolina
A statute of limitations is a strict timeframe for suing another person after an accident . If you want to hold the other driver accountable for personal injuries, you must file your lawsuit within three years from the date of the crash where the injury was sustained. If the deadline passes and you try to file anyway, the court can dismiss your case, which means you might not ever be able to take the other driver to court for personal injury compensation.
Motorcycle Accidents Involving Uninsured Drivers
If you find out the other driver doesn’t carry liability insurance or high enough limits to compensate for your total losses, you could turn to your insurance carrier. Vehicle owners have a requirement to purchase not only liability coverage but also UM coverage.
When you file a UM claim, you might be able to recover compensation for your medical bills, lost wages, and other expenses resulting from the accident. You might also be entitled to the monetary value of any pain and suffering you endured. Every policy is different, so it’s critical that you let DeMayo Law Offices, LLP review yours to determine what coverage is available.
What Is “Medical Payments”?
Medical Payments (MedPay) is optional coverage in North Carolina. Typical limits are between $1,000 and $10,000. However, your insurance company might provide as much as $100,000 in MedPay coverage.
If you chose to add this to your policy, your insurance company might provide upfront payments of reasonable and necessary medical treatment. Instead of paying out of pocket for each doctor visit and receiving reimbursement through a UM or liability claim, your medical providers can send your bills directly to the insurer for payment.
Why You Shouldn’t Communicate with Anyone Besides Your Lawyer
The shock of a motorcycle accident could prevent you from making the right decisions.
North Carolina follows the contributory negligence statute. This prohibits accident victims from recovering any amount of compensation if a jury determines their actions partially contributed to their injuries. For example, if the other driver was 80% at fault for engaging in road rage behaviors, but you were 20% to blame for texting while driving, the jury would bar you from receiving the monetary value of your losses.
Wrongful Death Claims in North Carolina
North Carolina statute § 28A-18-2 defines wrongful death as death caused by a wrongful act, neglect or default of another. Whoever files this type of lawsuit must seek compensation based on the interests of surviving family members and losses suffered by the estate.
If there isn’t a named personal representative, the court can appoint one. Typically, surviving spouses, adult children, and parents are the best options for representing the family in a wrongful death case.
Some losses you could pursue in a lawsuit to compensate the estate and surviving relatives are:
- Pain and suffering the deceased experienced before death
- Hospital bills, medical costs, and other expenses incident to the injury that resulted in death
- Funeral and burial expenses
- Loss of reasonably expected care, guidance, companionship, protection, assistance, services, and advice provided by the deceased
The statute of limitations for filing a wrongful death lawsuit is two years. Instead of the timeframe starting on the accident date, the two-year period will begin on the date your loved one died due to the motorcycle accident.
DeMayo Law Offices, LLP Legal Fees and Costs
You’re likely facing economic struggles while healing your injuries or paying the expenses incurred from your loved one’s death. You shouldn’t have to pay expensive legal fees to receive quality representation from an experienced attorney.
At DeMayo Law Offices, LLP, we take cases on a contingency-fee basis. That means there are no upfront fees or costs. If we reach an insurance settlement or favorable jury verdict, our legal fees will come out of your monetary recovery. If we lose your case, you will never have to pay us.
DeMayo Law Offices, LLP has earned an excellent reputation for our commitment to our clients and the outstanding case results we’ve achieved. We have received awards from multiple legal organizations, including The National Trial Lawyers Top 100, the Million Dollar Advocates Forum, and Social Security Disability Law Top 15. Martindale-Hubbell gave us an AV Preeminent® rating, the highest possible rating a law firm can receive.
Our legal team is available 24/7 to take your call and discuss your case. You will feel like a priority from start to finish of the legal process. We aim to provide personal attention to every client who hires us. You can depend on DeMayo Law Offices, LLP to remain by your side until we resolve your case.
If another driver’s acts of road rage caused your injuries in a motorcycle accident, do not hesitate to contact DeMayo Law Offices, LLP to learn how we can help you hold them liable. Call us for a free consultation at (704) 333-1000.
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