When you or a loved one have been injured in a motorcycle accident in Wilmington, you are likely facing steep costs, both physically and financially. When someone else was to blame for the accident, a Wilmington motorcycle accident lawyer can ensure you will not be forced to bear these costs on your own.
The person who was responsible for the motorcycle accident would have a legal obligation to pay for the damages that they caused. However, being able to prove liability is far from a certainty.
You need a skilled attorney to handle all the details of your case. Contact the experienced motorcycle accident lawyers at Horton & Mendez in Wilmington to learn how we can help you.
Causes of Motorcycle Accidents in Wilmington
A motorcycle accident can happen in an instant, and it can change the course of your life. Other drivers often do not exercise the proper level of care to share the road with motorcyclists. For whatever reason, they put their needs ahead of the safety of others.
Frequent causes of motorcycle accidents include:
- Another driver makes an illegal left turn in front of a motorcyclist
- A driver cuts off a motorcyclist in traffic
- A distracted motorist does not see a biker and rear-ends them
- Illegal lane changes, when a driver does not check their blindspots
- The failure to yield the right-of-way to a motorcyclist when required by law
When another vehicle hits a motorcyclist, the other driver may not be paying attention, or they may not see the motorcyclist because they are not on eye level. Nevertheless, an accident would be the driver’s fault when they do not see the motorcyclist.
Common Motorcycle Accident Injuries
There is little to protect a motorcyclist when they have been involved in a crash. Even a helmet and the latest safety gear may not be enough to prevent serious injury.
Common injuries in motorcycle crashes are:
- Broken bones and fractures
- Neck and back injuries
- Road rash from sliding along the pavement
- Spinal cord injuries
- Internal injuries and organ damage
- Traumatic brain injuries
Motorcycle accident injuries may require a lengthy rehabilitation process, even if the biker is able to make a full recovery.
Wrongful Death Lawsuits After Motorcycle Crash Fatalities
Motorcycle accidents have a much higher fatality rate than motor vehicle crashes. In some tragic cases, it is left to the family to pursue compensation for what happened to their loved one. Here, the case would be a wrongful death claim.
In North Carolina, the personal representative for the estate will file one wrongful death case on behalf of the family. To win a wrongful death case, you would need to prove the following:
- A human being died
- The death was caused by someone else’s negligence or intentional actions
- The family suffered losses (monetary and non-monetary) as a result of the death
Accordingly, a wrongful death claim is the family’s own personal injury action when they lose a loved one.
North Carolina Motorcycle Laws
North Carolina has laws on its books to protect motorcyclists from other drivers. According to the law:
“All motorcycles are entitled to full use of a lane, and no motor vehicle shall be driven in a manner as to deprive any motorcycle of the full use of a lane.”
In addition, state law also imposes obligations on motorcyclists for their own safety. It is critical that bikers closely follow these laws to keep themselves safe. Some North Carolina motorcycle laws are as follows:
- Motorcyclists and their passengers must wear helmets at all times
- Motorcyclists must have a special endorsement on their license to operate their bike
- Motorcycles shall not be operated more than two abreast in a single lane
- Motorcycles must have the proper lights and mirrors to help the biker see and be seen
Why You Need an Attorney for a Motorcycle Accident Case
Insurance companies like to blame the motorcyclist for their own accident. The public perceives people who ride motorcycles as riskier than the average person, and the insurance company tries to use that perception to its advantage.
The insurance company knows that they can escape paying for your injuries entirely if they can find a way to blame you for any part of the crash. It’s why perhaps the biggest reason you need a motorcycle accident lawyer is that you need to show that someone else was at fault for the crash.
You need an attorney to defend you after a motorcycle crash as much as you need to go after the insurance company. Your lawyer will gather evidence that can prove what happened. Your attorney will need to show how you did nothing wrong in the events surrounding the crash.
Here are other reasons why you need a lawyer for your motorcycle accident case:
- You need to know with precision the amount of damages in your case
- The insurance company may be trying to pressure you to talk about the accident, and you do not know how to handle them
- You need someone to handle the details of the legal process when you are injured and incapacitated
Dealing with the insurance company takes experience and toughness. The insurance company does not care about you or your circumstances.
Our experienced motorcycle accident lawyers will make them care because litigation through trial is what we thrive in doing. Through courtroom proceedings, the insurance company may be ordered to pay even more for a motorcycle accident than they would have in a settlement agreement.
Contact a Wilmington Motorcycle Accident Attorney Today
The attorneys at Horton & Mendez can provide the legal firepower that you need in a motorcycle accident case. We know how insurance companies operate, and we know how to counteract their playbook.
Take the first step in the legal process, which is to contact us to schedule your free initial consultation. You can fill out an online contact form, or you can call us today at 910-405-7751. You are under no obligation, and you do not pay us unless you win your case.