North Carolina Motorcycle Accident Attorneys

Common Causes of Motorcycle Accidents

A motorcycle accident refers to a collision or incident involving a motorcycle, which can result in damage to the motorcycle, injury, or even death to the rider and possibly other individuals involved. Many motorcycle accidents are caused by the negligence of inattentive drivers on the road. 

Common causes of motorcycle accidents include:

• Left-Turn Accidents: One of the most common types of accidents involving motorcycles and motor vehicles occurs when a motorist makes a left turn in front of an oncoming motorcycle. The driver may misjudge the motorcycle's speed or fail to see it, leading to a collision.
• Rear-End Collisions: Motorists following motorcycles too closely or not paying attention to the road may collide with the motorcycle if it slows down or comes to a stop. Rear-end collisions can cause severe injuries to the rider.
• Changing Lanes: When a motorist fails to check their blind spots or use their turn signal properly, they may inadvertently change lanes into a motorcycle, causing a collision.
• Opening Car Doors: In urban areas, motorcyclists can be at risk of accidents when a parked car's driver or passenger opens their door without checking for oncoming motorcycles. This can lead to a "dooring" accident.
• Failure to Yield Right of Way: Motor vehicle drivers not yielding the right of way to motorcycles at intersections or while merging onto highways can lead to dangerous situations and collisions.
• Impaired or Distracted Driving: Motorists driving under the influence of alcohol or drugs, or those distracted by their phones or other distractions, have impaired judgment and slower reaction times, making them more likely to collide with motorcycles.
• Speeding: Excessive speeding by motor vehicle drivers can reduce their reaction time and the severity of accidents when they collide with motorcycles.
• Inattention to Motorcycles: Some drivers simply fail to notice motorcycles on the road due to their smaller size. This can lead to accidents when drivers merge into the same lane as a motorcycle or make other maneuvers without seeing them.
• Failure to Respect Right of Way: Sometimes motor vehicle drivers ignore or disregard a motorcyclist's right of way, causing collisions at intersections or in traffic.
• Following Too Closely: Tailgating a motorcycle is dangerous, as it reduces the driver's reaction time and increases the risk of rear-end collisions.
• Sudden Stops: When a motorcycle comes to an unexpected stop, the following motorist may not have enough time to react, resulting in a rear-end collision.
• Driver Fatigue: Fatigued drivers may have reduced attention and slower reaction times, increasing the risk of accidents with motorcycles.

The Devastation of Motorcycle Accidents

Motorcycle accidents can be more catastrophic compared to car accidents due to several factors related to the inherent design and dynamics of motorcycles and the relative lack of protection for riders. Here are some reasons why motorcycle accidents tend to result in more severe injuries and outcomes compared to car accidents:

• Exposure to Impact: Motorcycles offer very little physical protection to riders compared to the enclosed structure of cars. In a car, passengers are surrounded by a metal frame, airbags, and seat belts, which can absorb and distribute the force of a collision. In contrast, motorcyclists are exposed and can directly impact other vehicles, the road, or objects.
• Lack of Crumple Zones: Modern cars are designed with crumple zones to absorb and dissipate the energy of a collision. This design helps reduce the force transferred to the occupants inside the car. Motorcycles lack such safety features, and when they collide with other vehicles or objects, the impact forces are more directly transmitted to the rider.
• Size and Weight Disparity: Motorcycles are much smaller and lighter than cars, which means that in an accident involving a car, the motorcycle is often at a significant size and weight disadvantage. The motorcycle can be easily pushed or crushed, leading to more severe injuries for the rider.
• Limited Stability: Motorcycles have only two wheels, making them less stable than four-wheeled vehicles. This instability can lead to loss of control and more frequent accidents, especially in adverse weather conditions or on uneven road surfaces.
• Balance and Maneuverability: While the agility and maneuverability of motorcycles can be advantageous in some situations, they can also be a disadvantage when it comes to avoiding accidents. Sudden maneuvers or attempts to evade collisions can result in a loss of balance or control.
• Ejection Risk: In motorcycle accidents, riders can be ejected from their bikes, leading to a higher risk of severe injury, including head injuries. Unlike cars, which provide a stable and enclosed environment, motorcycles offer little protection from being thrown off in a collision.
• Vulnerability to Road Hazards: Motorcyclists are more vulnerable to road hazards such as potholes, debris, and wet or slippery road surfaces. These hazards can lead to accidents, especially when riders lack the protection and stability that cars provide.
• Visibility: Motorcycles are often less visible to other motorists due to their smaller size and profile, leading to a higher likelihood of other drivers not seeing them and, therefore, a higher risk of collisions.
• Impact with the Road: In motorcycle accidents, riders can be directly thrown onto the road surface, increasing the risk of road rash, abrasions, and severe injuries from impacting the pavement.
• Limited Safety Gear: While safety gear such as helmets, gloves, jackets, and riding boots can offer some protection, they are not as comprehensive as the safety features in cars, like airbags and reinforced passenger compartments.

Because of these factors, motorcycle accidents tend to result in more severe and life-threatening injuries, including head injuries, spinal cord injuries, fractures, and severe abrasions (road rash).

Are You Required to Wear a Motorcycle Helmet in North Carolina?

In North Carolina, all motorcycle riders have to wear a helmet while operating a motorcycle to be in accordance with the law. The state has universal helmet laws in place to help improve the safety of all riders and passengers on the road. This means no matter how old or how experienced a rider is, all motorcyclists must wear a helmet that meets the safety standards set by the Department of Transportation (DOT).

While helmets are the most important piece of protective gear, it is also recommended that riders wear other safety gear to help protect themselves in the event of a crash. Sturdy boots or riding shoes can help protect the feet and ankles from injury in the event of a crash, while gloves can help protect the hands and wrists. A jacket made of leather or a strong synthetic material can provide protection for the upper body, including the chest, back, and arms. Durable pants, such as leather chaps or reinforced jeans, can help protect the legs and hips.

It is important to note that while wearing protective gear can help reduce the risk of injury in the event of a crash, it is not a guarantee of safety. Riders should always follow traffic laws, ride defensively, and stay alert to potential hazards on the road. Additionally, riders should make sure their motorcycle is in good working order and properly maintained to help prevent accidents caused by mechanical issues.

Legal Challenges Bikers Face

In North Carolina, motorcyclists face several legal challenges when pursuing a claim after an accident. Here are some common ones:

• Contributory Negligence: North Carolina follows a contributory negligence rule, which means if the injured party is found to be even partially at fault for the accident, they may be barred from recovering any damages. This strict standard can be particularly challenging for motorcyclists who may be unfairly perceived as more at fault due to biases or misconceptions about motorcycling.
• Insurance Issues: Motorcyclists often face challenges in dealing with insurance companies. Some insurance companies may be biased against motorcyclists, offering lower settlements or denying claims outright. Additionally, state law requires all motorcyclists to have liability insurance, but this may not cover the full extent of damages in a serious accident.
• Prejudice and Bias: Unfortunately, there can be biases against motorcyclists among jurors, insurance adjusters, and even law enforcement officers. Stereotypes about motorcyclists being reckless or irresponsible can unfairly influence perceptions of fault in accidents, making it harder for motorcyclists to recover damages.
• Complexity of Claims: Motorcycle accident claims can be complex due to factors such as multiple parties involved, unclear liability, and serious injuries. Proving fault and demonstrating the extent of damages may require thorough investigation, expert testimony, and skilled legal representation.
• Lack of Legal Knowledge: Many motorcyclists may not be aware of their legal rights and options following an accident. Without proper legal guidance, they may make mistakes that jeopardize their ability to recover compensation.

At Comerford Chilson & Moser, L.L.P., we understand the complexities and challenges that motorcyclists face when pursuing accident claims in North Carolina. With our expertise and dedication, we can help navigate the legal process, advocate for your rights, and work tirelessly to secure the compensation you deserve.

From gathering evidence and negotiating with insurance companies to representing you in court if necessary, we are here to provide the support and guidance you need every step of the way. Let us handle the legal complexities so you can focus on your recovery and moving forward with confidence.

Contact us today to schedule a free consultation.