Motorcycle Accident Lawyer

Your Local Motorcycle Accident Lawyer

When you've been injured in a motorcycle crash, the path forward can feel overwhelming. At The Law Offices of John M. McCabe, we understand the unique challenges motorcycle riders face after an accident. Our motorcycle accident lawyers provide dedicated legal representation to help you recover the compensation you deserve while you focus on healing.

Can I Sue If I Was Injured in a Motorcycle Accident?

Yes, you can sue if you were injured in a motorcycle accident, provided another party's negligence caused the crash. In North Carolina, you have the right to pursue compensation through a personal injury lawsuit against the at-fault driver for medical expenses, lost wages, pain and suffering, and other damages. However, it's important to understand that North Carolina follows a contributory negligence rule, which means if you share any degree of fault for the accident—even just one percent—you may be completely barred from recovering compensation. This makes it critical to work with a motorcycle accident lawyer who can build a strong case proving the other party's liability while defending against any attempts to assign partial blame to you.

The statute of limitations in North Carolina generally gives you three years from the date of the accident to file a lawsuit, though certain circumstances may shorten this deadline. Before filing a lawsuit, your attorney will typically attempt to negotiate a fair settlement with the at-fault driver's insurance company. If negotiations fail to produce adequate compensation for your injuries, filing a lawsuit becomes the next step toward recovering the damages you deserve. The Law Offices of John M. McCabe can evaluate your case, explain your legal options, and guide you through either the settlement process or litigation to help you secure maximum compensation for your motorcycle accident injuries.

Financial Compensation You Can Pursue in a Motorcycle Accident Case

When you've been injured in a motorcycle accident caused by another party's negligence, you deserve fair compensation for all the damages you've suffered. Our car accident lawyers will fight to recover every dollar you're entitled to receive.

Economic Damages:

• Medical Expenses: Compensation for emergency room visits, hospital stays, surgeries, diagnostic tests, and all treatment related to your motorcycle accident injuries.
• Future Medical Care: Coverage for ongoing medical needs including physical therapy, rehabilitation, follow-up procedures, and long-term care requirements resulting from your injuries.
• Lost Wages: Reimbursement for income you've lost while recovering from your motorcycle accident, including sick days, vacation time used, and unpaid leave.
• Lost Earning Capacity: Compensation when your injuries prevent you from returning to your previous occupation or limit your ability to earn income in the future.
• Motorcycle Repair or Replacement: Funds to repair or replace your damaged motorcycle and any damaged riding gear or equipment.
• Property Damage: Coverage for any other personal property destroyed or damaged in the crash, such as electronics, clothing, or items you were carrying.

Non-Economic Damages:

• Pain and Suffering: Compensation for the physical pain, discomfort, and ongoing suffering you experience due to your motorcycle accident injuries.
• Emotional Distress: Recovery for psychological impacts such as anxiety, depression, post-traumatic stress, and mental anguish resulting from the accident.
• Loss of Enjoyment of Life: Compensation when your injuries prevent you from participating in activities, hobbies, and experiences you previously enjoyed.
• Disfigurement and Scarring: Damages for permanent visible injuries, scars, or physical changes that affect your appearance and self-confidence.
• Loss of Consortium: Compensation available to spouses for the loss of companionship, affection, and marital relations due to the injured party's condition.

Additional Compensation:

• Punitive Damages: In cases involving gross negligence or willful misconduct, such as drunk driving, North Carolina law allows additional damages designed to punish the wrongdoer and deter similar behavior.

The full value of your motorcycle accident case depends on the specific circumstances of your injuries, the extent of negligence involved, and how the accident has impacted your life. A motorcycle accident lawyer from The Law Offices of John M. McCabe will thoroughly evaluate all aspects of your case to ensure you pursue maximum compensation. Contact us today for a consultation to discuss the financial recovery available in your motorcycle accident claim.

How a Motorcycle Accident Lawyer Can Maximize Your Compensation

Insurance companies work to minimize what they pay on motorcycle accident claims, often using tactics designed to reduce your settlement or deny your claim entirely. Our motorcycle accident lawyer employs proven strategies to secure the maximum compensation you deserve.

Case Investigation and Evidence Collection:

• Thorough Accident Investigation: Our motorcycle accident lawyers conduct comprehensive investigations including visiting the accident scene, photographing conditions, and identifying all factors that contributed to your motorcycle crash.
• Witness Interviews: Our motorcycle accident lawyers locate and interview eyewitnesses while their memories are fresh, securing statements that support your version of events and establish liability.
• Evidence Preservation: Our motorcycle accident lawyers take immediate action to preserve crucial evidence such as traffic camera footage, surveillance videos, and physical evidence before it's lost or destroyed.
• Accident Reconstruction: When necessary, we consult with accident reconstruction professionals who can analyze the collision and provide testimony about how the crash occurred.
• Medical Documentation: Our motorcycle accident lawyers work with your healthcare providers to obtain detailed medical records, reports, and expert opinions that document the full extent of your injuries and future care needs.

Liability Establishment:

• Proving Negligence: Our motorcycle accident lawyers build a compelling case demonstrating that the other party's negligent actions directly caused your motorcycle accident and resulting injuries.
• Defending Against Contributory Negligence: Our motorcycle accident lawyers protect you from false accusations of shared fault, which under North Carolina's harsh contributory negligence rule could bar you from any recovery.
• Identifying All Liable Parties: Our motorcycle accident lawyers investigate whether multiple parties share responsibility, including drivers, employers, vehicle manufacturers, or government entities responsible for road maintenance.

Damage Calculation:

• Accurate Valuation: Our motorcycle accident lawyers calculate the true value of your claim by accounting for all economic and non-economic damages, including costs that may not be immediately obvious.
• Future Damages Assessment: Our motorcycle accident lawyers consult with medical professionals, economists, and vocational specialists to determine your long-term medical needs and lost earning capacity.
• Documentation of Non-Economic Losses: Our motorcycle accident lawyers gather evidence demonstrating how your injuries have impacted your quality of life, relationships, and ability to enjoy daily activities.

Insurance Negotiation:

• Handling All Communications: Our motorcycle accident lawyers manage all interactions with insurance companies, preventing them from using your statements against you or pressuring you into quick settlements.
• Countering Lowball Offers: Our motorcycle accident lawyers reject inadequate settlement proposals and negotiate aggressively for fair compensation that reflects the true value of your motorcycle accident case.
• Understanding Insurance Policies: Our motorcycle accident lawyers review all applicable insurance policies, including the at-fault party's liability coverage and your own underinsured/uninsured motorist coverage, to maximize available funds.
• Meeting Deadlines: Our motorcycle accident lawyers ensure all claims are filed within required timeframes and handle the extensive paperwork involved in insurance claims.

Litigation Preparation:

• Filing Lawsuits When Necessary: If negotiations fail to produce fair compensation, we're prepared to file a lawsuit and take your case to trial.
• Discovery Process: Our motorcycle accident lawyers use legal discovery tools to obtain additional evidence, depose witnesses, and uncover information that strengthens your motorcycle accident claim.
• Trial Readiness: Insurance companies offer better settlements when they know your motorcycle accident lawyer is fully prepared to present your case before a jury.

Maximizing Recovery Sources:

• Exploring Multiple Coverage Options: Our motorcycle accident lawyers identify all potential sources of compensation, including multiple insurance policies, liable parties, and applicable coverage types.
• Pursuing Punitive Damages: In cases involving gross negligence, such as drunk driving, our motorcycle accident lawyers pursue punitive damages that can significantly increase your total recovery.

Client Support and Guidance:

• Managing Medical Liens: Our motorcycle accident lawyers negotiate with healthcare providers and insurance companies to reduce medical liens, ensuring more of your settlement goes directly to you.
• Providing Case Updates: Our motorcycle accident lawyers keep you informed throughout the process, explaining developments in language you understand and answering your questions promptly.
• No Upfront Costs: Our motorcycle accident lawyers handle motorcycle accident cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.

Our thorough approach to case preparation, aggressive negotiation tactics, and willingness to litigate when needed consistently produce results that exceed what accident victims could achieve on their own.

Injuries Associated with Motorcycle Accidents

Motorcycle accidents often result in devastating injuries due to the lack of protective barriers that surround riders. Our motorcycle accident lawyers have represented clients suffering from the full spectrum of motorcycle accident injuries and understand the medical and financial impact these injuries create.

Head and Brain Injuries:

• Traumatic Brain Injuries (TBI): Ranging from concussions to severe brain damage, TBIs can cause cognitive impairment, memory loss, personality changes, and lifelong disabilities requiring extensive rehabilitation.
• Skull Fractures: Breaks in the skull bone that can lead to brain bleeding, infection, and neurological complications requiring emergency surgery and long-term monitoring.
• Facial Injuries: Damage to the face including broken jaws, cheekbones, noses, and eye sockets, as well as dental injuries that often require reconstructive surgery and ongoing dental work.

Spinal Cord and Back Injuries:

• Spinal Cord Damage: Injuries to the spinal cord that can result in partial or complete paralysis, affecting mobility and bodily functions for the remainder of the victim's life.
• Herniated Discs: Damage to the cushioning discs between vertebrae causing severe pain, numbness, and limited mobility that may require surgery or ongoing pain management.
• Vertebral Fractures: Broken bones in the spine that can cause chronic pain, instability, and potential nerve damage requiring surgical intervention and extensive recovery periods.

Orthopedic Injuries:

• Broken Bones: Fractures to arms, legs, ribs, collarbones, and pelvis that often require surgical repair with pins, plates, or rods, followed by months of physical therapy.
• Road Rash: Severe skin abrasions caused by sliding across pavement that can penetrate deep tissue layers, leading to permanent scarring, nerve damage, and infection risks.
• Crush Injuries: Damage occurring when body parts are compressed between the motorcycle and another object, potentially requiring amputation in severe cases.
• Degloving Injuries: Traumatic separation of skin and tissue from underlying muscle and bone, requiring multiple surgeries including skin grafts and reconstruction procedures.

Internal Injuries:

• Internal Bleeding: Damage to internal organs or blood vessels causing life-threatening blood loss that requires immediate emergency intervention and surgery.
• Organ Damage: Injuries to vital organs including the liver, spleen, kidneys, lungs, or heart that can have long-term health consequences and require ongoing medical monitoring.
• Rib Fractures: Broken ribs that can puncture lungs or other organs, causing breathing difficulties and prolonged pain during the healing process.

Extremity Injuries:

• Limb Amputation: Severe trauma requiring surgical removal of arms, legs, hands, or feet, necessitating prosthetics, extensive rehabilitation, and lifestyle adjustments.
• Joint Injuries: Damage to shoulders, knees, elbows, and hips including dislocations and torn ligaments that can cause chronic pain and reduced range of motion.
• Hand and Wrist Injuries: Fractures and soft tissue damage that can impair fine motor skills and make everyday tasks difficult or impossible.

Burn Injuries:

• Thermal Burns: Burns caused by contact with hot engine parts, fuel fires, or friction with the road surface that can require skin grafts and leave permanent scarring.
• Chemical Burns: Injuries from battery acid, fuel, or other chemicals that can cause deep tissue damage and ongoing complications.

Psychological Injuries:

• Post-Traumatic Stress Disorder (PTSD): Psychological trauma causing flashbacks, anxiety, nightmares, and fear of riding or driving that may require therapy and medication.
• Depression and Anxiety: Mental health conditions developing after motorcycle accidents due to pain, lifestyle changes, financial stress, and the trauma of the crash itself.

Soft Tissue Injuries:

• Whiplash and Neck Injuries: Strain to neck muscles and ligaments causing pain, stiffness, headaches, and reduced mobility that can persist for months or years.
• Muscle Tears and Strains: Damage to muscles throughout the body that can cause chronic pain and weakness, limiting physical activities and work capacity.
• Ligament and Tendon Damage: Tears or sprains requiring surgical repair and rehabilitation, often resulting in permanent joint instability or weakness.

Long-Term Complications:

• Chronic Pain Syndrome: Persistent pain lasting beyond normal healing time, requiring ongoing pain management, medication, and potentially reducing quality of life.
• Permanent Disability: Lasting impairments that prevent victims from returning to their previous occupation or performing daily activities without assistance.
• Scarring and Disfigurement: Visible permanent injuries affecting appearance and self-esteem, which may require reconstructive surgeries and psychological counseling.

Our motorcycle accident lawyer works with medical professionals to fully document your injuries and calculate the true cost of your medical care, both current and future. Our motorcycle accident lawyers ensure that your claim accounts for every injury you've suffered and the complete impact these injuries have on your life.

Common Causes of Motorcycle Accidents

Understanding how motorcycle accidents occur is essential to establishing liability and building a strong compensation claim. At The Law Offices of John M. McCabe, our motorcycle accident lawyer investigates the specific circumstances of your crash to identify all negligent parties and hold them accountable.

Driver Negligence:

• Left-Turn Accidents: Drivers making left turns often fail to see oncoming motorcycles or misjudge their speed, cutting across the motorcycle's path and causing devastating collisions at intersections.
• Failure to Yield: Motorists who ignore right-of-way rules at intersections, stop signs, and yield signs create dangerous situations where motorcyclists have no time to avoid impact.
• Lane Change Accidents: Drivers who fail to check blind spots before merging or changing lanes can sideswipe motorcycles or force riders off the road.
• Following Too Closely: Tailgating reduces reaction time and often leads to rear-end collisions that can throw motorcyclists from their bikes, causing serious injuries.
• Unsafe Passing: Drivers who pass motorcycles without adequate clearance or force their way back into lanes too quickly can strike riders or cause them to lose control.

Distracted Driving:

• Texting and Cell Phone Use: Drivers who text, talk on phones, or use apps take their eyes off the road and frequently fail to notice motorcycles until it's too late to avoid a crash.
• Eating and Drinking: Motorists who eat meals, drink beverages, or handle food while driving divide their attention and may not see motorcycles sharing the road.
• In-Vehicle Distractions: Adjusting navigation systems, changing radio stations, reaching for objects, or attending to passengers reduces driver awareness and reaction time.
• External Distractions: Drivers distracted by billboards, accidents, pedestrians, or other roadside events may drift into motorcycle lanes or fail to notice traffic conditions.

Impaired Driving:

• Alcohol Impairment: Drunk drivers have reduced reaction times, impaired judgment, and decreased coordination, making them unable to safely share the road with motorcycles.
• Drug Impairment: Drivers under the influence of illegal drugs, prescription medications, or over-the-counter substances may experience drowsiness, confusion, or slowed reflexes leading to motorcycle accidents.
• Fatigued Driving: Exhausted drivers suffer from decreased alertness and slower reaction times similar to intoxication, increasing the risk of causing motorcycle crashes.

Speeding and Reckless Driving:

• Excessive Speed: Drivers traveling above posted speed limits have less time to react to motorcycles and cause more severe impacts when collisions occur.
• Aggressive Driving: Motorists who weave through traffic, tailgate, make unsafe passes, or drive aggressively create unpredictable and dangerous conditions for motorcyclists.
• Racing: Street racing dramatically increases accident risk as drivers lose control at high speeds or collide with motorcycles in their path.

Road Hazards and Defects:

• Potholes and Uneven Pavement: Road surface defects that might merely jostle a car can cause motorcycles to lose traction, resulting in serious crashes and rider ejection.
• Gravel and Debris: Loose gravel, sand, oil, or debris on roadways reduce tire grip and can cause motorcycles to skid or slide unexpectedly.
• Poor Road Maintenance: Crumbling shoulders, inadequate signage, faded lane markings, and broken guardrails create hazardous conditions, particularly dangerous for two-wheeled vehicles.
• Construction Zones: Poorly marked work zones, uneven surfaces, loose materials, and sudden lane shifts increase motorcycle accident risks when contractors fail to provide adequate warnings.

Weather and Environmental Conditions:

• Rain and Wet Roads: Slippery surfaces reduce motorcycle traction while decreasing visibility for all drivers, leading to loss of control and collisions.
• Poor Visibility: Fog, heavy rain, or darkness makes motorcycles harder for other drivers to see, especially when motorists fail to use headlights appropriately.
• Wind Conditions: Strong crosswinds or gusts from passing large trucks can destabilize motorcycles, causing riders to lose control or drift into other lanes.

Door Crashes:

• Parked Vehicle Doors: Car occupants who open doors without checking for traffic can strike passing motorcyclists or force them to swerve into traffic while attempting to avoid the door.
• Dooring in Urban Areas: These accidents are particularly common in downtown areas and parking zones where motorcycles travel between parked cars and moving traffic.

Unsafe Vehicle Maneuvers:

• U-Turns: Drivers making unexpected U-turns across traffic lanes can cut directly into a motorcycle's path, leaving riders no opportunity to brake or avoid collision.
• Backing Up: Motorists who fail to check behind their vehicles before reversing in parking lots or driveways may back into motorcycles they didn't see.
• Sudden Stops: Drivers who brake abruptly without warning give motorcyclists insufficient time to stop, resulting in rear-end collisions or forcing riders to make dangerous evasive maneuvers.

Vehicle Defects:

• Motorcycle Defects: Manufacturing defects in brakes, tires, throttles, or other motorcycle components can cause riders to lose control through no fault of their own.
• Other Vehicle Defects: Malfunctioning brake lights, turn signals, or headlights on cars and trucks prevent motorcyclists from anticipating other drivers' actions or being seen.

Lack of Awareness:

• Failure to See Motorcycles: Many drivers simply don't look for motorcycles, focusing only on larger vehicles and missing motorcyclists in their visual field.
• Size Misperception: Drivers often misjudge how far away motorcycles are or how fast they're traveling due to their smaller profile compared to cars and trucks.
• Blind Spot Neglect: Motorists who rely solely on mirrors without checking blind spots may not see motorcycles positioned beside or slightly behind their vehicles.

Our motorcycle accident lawyer conducts thorough investigations, reviews police reports, examines physical evidence, and consults with accident reconstruction professionals when necessary to determine exactly how and why your crash occurred. Once we've identified the cause, our motorcycle accident lawyers hold all negligent parties accountable for the injuries and damages you've suffered.

Who May Be Liable for Your Motorcycle Accident Injuries?

Identifying all liable parties in your motorcycle accident case is essential to maximizing your compensation, as multiple parties may share responsibility for your injuries. At The Law Offices of John M. McCabe, our motorcycle accident lawyer thoroughly investigates every potential source of liability to ensure you recover from all responsible parties.

Individual Drivers:

• Negligent Motorists: Drivers who cause motorcycle accidents through distracted driving, speeding, failure to yield, improper lane changes, or other traffic violations bear direct liability for resulting injuries.
• Impaired Drivers: Motorists driving under the influence of alcohol or drugs can be held liable not only for compensatory damages but also for punitive damages due to their reckless conduct.
• Uninsured or Underinsured Drivers: When at-fault drivers lack adequate insurance coverage, your own uninsured/underinsured motorist policy may provide compensation for your motorcycle accident injuries.

Commercial Entities:

• Trucking Companies: When commercial trucks cause motorcycle accidents, the trucking company may be liable for negligent hiring, inadequate driver training, poor vehicle maintenance, or violations of federal safety regulations.
• Delivery Services: Companies employing delivery drivers can be held responsible when their employees cause motorcycle crashes while performing job duties or operating company vehicles.
• Rideshare Companies: Uber, Lyft, and other rideshare services may bear liability when their drivers cause motorcycle accidents while transporting passengers or traveling to pick up fares.
• Employers: Under vicarious liability principles, businesses are responsible for employee actions taken within the scope of employment, including motorcycle accidents caused during work hours.

Vehicle Manufacturers:

• Defective Motorcycles: Manufacturers, distributors, and sellers of motorcycles with defective brakes, tires, fuel systems, or other components may be liable when defects cause or contribute to accidents.
• Defective Auto Parts: Companies that produce faulty parts for cars and trucks can be held responsible when those defects lead to malfunctions that cause motorcycle accidents.
• Design Flaws: Liability may extend to vehicle designers when inherent design problems create unreasonable safety risks that result in motorcycle crashes.

Government Entities:

• Poor Road Maintenance: State, county, and municipal governments responsible for road upkeep may be liable when potholes, crumbling pavement, or other maintenance failures cause motorcycle accidents.
• Inadequate Signage: Government agencies can be held accountable when missing, damaged, or unclear traffic signs and road markings contribute to motorcycle crashes.
• Dangerous Road Design: Liability may arise when poor intersection design, inadequate lighting, or hazardous road configurations create conditions that lead to motorcycle accidents.
• Construction Defects: Government entities and contractors may share responsibility when newly constructed or repaired roads contain defects that cause motorcyclists to crash.

Property Owners:

• Private Property Hazards: Businesses and private property owners may be liable when hazardous conditions on their premises, such as poorly maintained parking lots or inadequate lighting, contribute to motorcycle accidents.
• Negligent Security: Property owners who fail to provide adequate security may bear responsibility when criminal acts on their property lead to motorcycle crashes.

Construction Companies:

• Work Zone Hazards: Construction contractors can be held liable when inadequate signage, poor traffic control, debris, or unsafe work zone conditions cause motorcycle accidents.
• Equipment Placement: Companies whose improperly placed construction equipment or materials create road hazards may be responsible for resulting motorcycle crashes.

Maintenance and Repair Shops:

• Negligent Repairs: Motorcycle repair shops that perform substandard work or fail to properly fix safety-critical components may be liable when their negligence causes accidents.
• Improper Maintenance: Shops that neglect necessary maintenance or use incorrect parts can be held responsible for motorcycle accidents resulting from their failures.

Bars and Restaurants:

• Dram Shop Liability: Under North Carolina law, establishments that serve alcohol to visibly intoxicated patrons who then cause motorcycle accidents may face liability for resulting injuries.
• Social Host Liability: Individuals who host parties and serve alcohol to guests who subsequently cause motorcycle crashes may also bear responsibility in certain circumstances.

Other Motorcyclists:

• Multi-Motorcycle Accidents: When multiple motorcycles are involved in a crash, other motorcyclists whose negligent riding contributed to the accident can be held liable for your injuries.
• Group Riding Negligence: Motorcyclists riding in groups have duties to operate safely and may be responsible when reckless group behavior causes accidents affecting other riders.

Pedestrians and Cyclists:

• Pedestrian Negligence: Pedestrians who dart into traffic, ignore crosswalk signals, or otherwise create hazards may be liable when their actions cause motorcycle accidents.
• Cyclist Actions: Bicycle riders who violate traffic laws or ride unpredictably can bear responsibility for motorcycle crashes they cause.

Product Distributors and Retailers:

• Defective Safety Gear: Companies that sell defective helmets, protective clothing, or other safety equipment may be liable when product failures worsen motorcycle accident injuries.
• Parts Suppliers: Distributors of defective motorcycle parts can be held accountable under product liability laws when faulty components cause or contribute to accidents.

Multiple Parties:

• Shared Liability: Many motorcycle accidents involve multiple liable parties, such as a distracted driver and a government entity responsible for poor road maintenance, allowing you to pursue compensation from all responsible sources.
• Joint and Several Liability: In cases with multiple defendants, North Carolina law may allow you to recover full compensation from any liable party, who can then seek contribution from other responsible parties.

Our motorcycle accident lawyers examine every aspect of your case to determine who bears responsibility for your injuries. Our motorcycle accident lawyers pursue claims against all liable parties to maximize your compensation, whether that means filing claims against individual drivers, corporations, government entities, or multiple parties simultaneously. The more sources of liability we identify, the greater your potential recovery.

Why Choose The Law Offices of John M. McCabe?

When you're recovering from a motorcycle accident, choosing the right legal representation can make the difference between inadequate compensation and a settlement that truly covers your needs. Our motorcycle accident lawyers provide dedicated advocacy and personalized attention to every client we serve in Cary and throughout North Carolina.

• Comprehensive Case Investigation: Our motorcycle accident lawyer conducts thorough investigations into every aspect of your crash, gathering evidence, interviewing witnesses, and consulting with professionals to build the strongest possible case for maximum compensation.
• Aggressive Negotiation: Our motorcycle accident lawyers handle all communications with insurance companies and negotiate aggressively to counter lowball offers, ensuring you receive fair compensation that reflects the true value of your motorcycle accident injuries and damages.
• Personalized Client Service: Our motorcycle accident lawyers treat you as a person, not a case number, providing clear communication, regular updates, and compassionate support throughout the legal process while you focus on your physical recovery.
• No Upfront Costs: Our motorcycle accident lawyers handle motorcycle accident cases on a contingency fee basis, meaning you pay no attorney fees unless we successfully recover compensation for you, removing financial barriers to quality legal representation.

Contact us today for a consultation to discuss your case and learn how our motorcycle accident lawyer can help you move forward after a crash.

Contact Our Cary Motorcycle Accident Lawyer Today

Don't face the aftermath of a motorcycle accident alone. The Law Offices of John M. McCabe is ready to fight for the compensation you deserve while you focus on your recovery. Time is critical in motorcycle accident cases—evidence disappears, witnesses become harder to locate, and legal deadlines approach. Contact us today for a consultation to discuss your case and learn how we can help you move forward. Our motorcycle accident lawyers work on a contingency fee basis, so you pay nothing unless we recover compensation for you.

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Motorcycle Accident Lawyer FAQs

How long do I have to file a motorcycle accident claim in North Carolina?

North Carolina's statute of limitations generally provides three years from the date of your motorcycle accident to file a personal injury lawsuit. However, certain circumstances can shorten this deadline, such as cases involving government entities, which may require notice within a much shorter timeframe. Missing the statute of limitations deadline typically bars you from recovering any compensation, making it critical to contact our motorcycle accident lawyers as soon as possible after your crash to protect your rights.

What should I do immediately after a motorcycle accident?

If you're physically able, call 911 to report the accident and request medical assistance, even if you don't think you're seriously injured. Document the scene by taking photographs of vehicle damage, road conditions, skid marks, and your visible injuries. Collect contact information from the other driver and any witnesses, and obtain the driver's insurance details. Seek medical attention promptly, as some injuries don't show symptoms immediately. Contact our motorcycle accident lawyer as soon as possible so we can begin preserving evidence and building your case while details remain fresh.

Will my case go to trial?

Most motorcycle accident cases settle through negotiations without going to trial, as insurance companies often prefer to avoid the uncertainty and expense of litigation. However, when insurance companies refuse to offer fair compensation, filing a lawsuit and proceeding to trial may be necessary to recover what you deserve. Our motorcycle accident lawyers prepare every case as if it will go to trial, which often motivates insurance companies to make better settlement offers knowing we're ready to present your case before a jury.

How much is my motorcycle accident case worth?

The value of your case depends on multiple factors including the severity of your injuries, the extent of medical treatment required, your lost wages and reduced earning capacity, the degree of pain and suffering you've experienced, and the strength of evidence proving liability. Cases involving permanent disabilities, scarring, or long-term care needs typically warrant higher compensation. Our motorcycle accident lawyer will evaluate all aspects of your situation to calculate the full value of your claim, ensuring we pursue maximum compensation for both your current and future damages.

What if I wasn't wearing a helmet at the time of the accident?

North Carolina law requires all motorcycle riders and passengers to wear helmets. While failure to wear a helmet doesn't automatically bar you from recovering compensation, insurance companies may argue it contributed to your injuries under the state's contributory negligence rule. This makes legal representation crucial, as our motorcycle accident lawyer can defend against attempts to use helmet non-compliance to deny your claim and demonstrate that the other party's negligence caused the accident regardless of your helmet use.

Can I still recover compensation if the accident was partially my fault?

North Carolina follows one of the harshest contributory negligence rules in the country, meaning if you bear any degree of fault for the accident—even one percent—you may be completely barred from recovering compensation. Insurance companies aggressively exploit this rule by attempting to assign partial blame to motorcyclists. The Law Offices of John M. McCabe builds strong cases proving that the other party's negligence caused your accident while defending against false accusations that you contributed to the crash.

What if the at-fault driver doesn't have insurance?

If the driver who caused your motorcycle accident is uninsured or doesn't have enough insurance to cover your damages, you may be able to recover compensation through your own uninsured motorist (UM) or underinsured motorist (UIM) coverage. These optional coverages, which many North Carolina motorcyclists carry, allow you to file a claim with your own insurance company for damages the at-fault driver cannot pay. Our motorcycle accident lawyer will review all available insurance policies to identify every potential source of compensation.

How long will it take to resolve my motorcycle accident case?

The timeline varies significantly depending on the complexity of your case, the severity of your injuries, and the insurance company's willingness to negotiate fairly. Simple cases with clear liability and minor injuries may settle within a few months, while complex cases involving serious injuries, disputed liability, or inadequate settlement offers may take a year or longer, especially if litigation becomes necessary. Our motorcycle accident lawyers work efficiently to resolve your case as quickly as possible while never sacrificing the quality of your settlement by accepting less than you deserve.

Should I accept the insurance company's first settlement offer?

Initial settlement offers from insurance companies are typically far below the true value of your claim. Insurance adjusters make low offers hoping you'll accept quick money before understanding the full extent of your injuries or consulting with a motorcycle accident lawyer. Once you accept a settlement and sign a release, you cannot pursue additional compensation later, even if your injuries prove more serious than initially apparent. Always consult with our motorcycle accident lawyer before accepting any settlement offer to ensure it adequately covers all your damages.

What if my injuries don't appear until days after the motorcycle accident?

Many serious injuries, including traumatic brain injuries, internal bleeding, and soft tissue damage, don't produce immediate symptoms. Adrenaline and shock can mask pain during and immediately after a crash. This is why seeking prompt medical attention is critical even when you feel fine—medical professionals can identify hidden injuries before they worsen. Document all symptoms as they appear and inform your doctor immediately. Delayed treatment creates opportunities for insurance companies to argue your injuries weren't caused by the accident, making early medical evaluation and legal consultation essential.

Will I have to pay attorney fees upfront?

No. Our motorcycle accident lawyers take cases on a contingency fee basis, meaning you pay no attorney fees unless we successfully recover compensation for you. Our fees come as a percentage of your settlement or verdict, so you never pay anything out of pocket for legal representation. This arrangement allows you to access quality legal advocacy regardless of your financial situation and ensures our interests align with yours—our motorcycle accident lawyers only succeed when you do.

Can I handle my motorcycle accident claim without a lawyer?

While you have the legal right to represent yourself, doing so puts you at a significant disadvantage against insurance companies with teams of adjusters and attorneys working to minimize payouts. Without legal knowledge from a personal injury lawyer, you may miss filing deadlines, fail to gather crucial evidence, undervalue your claim, or make statements that harm your case. A motorcycle accident lawyer understands insurance tactics, negotiation strategies, and North Carolina's complex laws, and can typically secure substantially higher compensation than unrepresented victims receive. The value our firm adds to your case far exceeds our contingency fee.

What damages can I recover beyond medical bills?

While medical expenses often represent the largest economic damages in motorcycle accident cases, you can also recover lost wages, future lost earning capacity, property damage to your motorcycle and gear, and costs for ongoing rehabilitation or medical equipment. Additionally, North Carolina law allows recovery for non-economic damages including pain and suffering, emotional distress, loss of enjoyment of life, permanent disability, and disfigurement. In cases involving gross negligence such as drunk driving, you may also pursue punitive damages designed to punish the wrongdoer and deter similar conduct.

About Motorcycle Accidents in North Carolina

Motorcycle accidents differ significantly from other vehicle collisions. Riders lack the protective barriers that cars and trucks provide, making them more vulnerable to serious injuries. In North Carolina, motorcycle crashes often result in catastrophic injuries including traumatic brain injuries, spinal cord damage, broken bones, road rash, and internal injuries. These injuries typically require extensive medical treatment, lengthy recovery periods, and substantial financial resources.

The statistics paint a concerning picture. Motorcyclists are significantly more likely to suffer fatal or life-altering injuries compared to occupants of passenger vehicles. Despite motorcycles accounting for a small percentage of registered vehicles on North Carolina roads, they represent a disproportionate number of traffic fatalities and serious injury cases.