Motorcycle Crash

The Realities of Handling Motorcycle Crash Cases in North Carolina

Motorcycle accidents are among the most devastating types of personal injury cases. Riders lack the protective barriers found in cars and trucks, leaving them exposed to serious harm in even low-speed collisions. In North Carolina, pursuing a claim after a motorcycle crash isn’t just about proving fault—it’s about navigating contributory negligence laws, insurance tactics, and long-term medical needs. If you or a loved one has been injured in a motorcycle crash, here’s what you need to know about your rights, the legal process, and why having an experienced attorney is critical.

What Causes Motorcycle Accidents in North Carolina?

Motorcycle crashes are often caused by careless drivers who fail to see or yield to motorcyclists. Common causes include:

Left-Turn Collisions: A driver turns left in front of an oncoming motorcycle, often misjudging the speed or not seeing the rider at all.

Lane Changes: A car merges into a motorcyclist’s lane without checking blind spots.

Failure to Yield at Intersections: Drivers often overlook motorcycles at four-way stops or when entering roadways.

Speeding or Reckless Driving: Drivers who are speeding or weaving through traffic pose a serious threat to vulnerable riders.

Motorcyclists also face bias—many jurors assume riders are risk-takers. A good attorney knows how to combat that stereotype with facts, evidence, and expert witnesses.

North Carolina is one of only a few states that still follows the harsh doctrine of pure contributory negligence. That means if the other side can prove you were even 1% at fault, you could be barred from recovering anything.

Example:

If the insurance company argues you were speeding—even slightly—they may try to shift just enough blame to avoid paying. That’s why your attorney must gather crash reconstruction reports, eyewitness statements, surveillance footage, and sometimes even helmet cam video to prove you were not at fault.

Timing is critical in motorcycle crash cases. Under N.C. Gen. Stat. § 1-52(16), you generally have:

3 years from the date of the crash to file a personal injury lawsuit.
2 years from the date of death for a wrongful death case (N.C. Gen. Stat. § 1-53).

Miss these deadlines and your case is likely barred—no matter how strong the evidence. An attorney ensures all documents are filed on time and your case moves forward efficiently.

Winning a motorcycle crash case involves proving four core elements:

Duty: The driver owed you a duty to operate their vehicle safely.
Breach: They breached that duty by driving negligently (e.g., failing to yield, texting, or driving drunk).
Causation: Their negligence directly caused the crash and your injuries.
Damages: You suffered real, documentable harm—medical bills, lost income, long-term disability, and more.

This often requires expert witnesses in accident reconstruction, medical prognosis, and sometimes even motorcycle mechanics. Your attorney will line up the right professionals to support your claim.

If your case is successful, you may be entitled to several types of damages:

Medical Expenses: ER visits, surgery, rehab, physical therapy, future care costs.
Lost Wages: Compensation for missed work and reduced future earning capacity.
Pain and Suffering: For the physical pain and emotional trauma experienced.
Permanent Impairment: Disfigurement, limb loss, or paralysis may lead to larger settlements.
Property Damage: Repairs or replacement of your motorcycle and gear.
Punitive Damages: In cases involving egregious negligence—like drunk driving—you may be able to seek punitive damages under N.C. Gen. Stat. § 1D-15.

Motorcycle crash cases can be uniquely challenging due to both the severity of injuries and the legal landscape in North Carolina. A seasoned personal injury lawyer will:

Fight Contributory Negligence: Build a rock-solid case that places 100% of the blame on the at-fault driver.
Handle Insurance Companies: Insurers often try to lowball motorcyclists or deny claims entirely—your attorney will negotiate aggressively and know when to take the case to trial.
Maximize Your Compensation: Accurately calculate current and future damages so you aren’t left covering long-term costs yourself.
Prepare for Trial: While most cases settle, your attorney must be ready to argue in front of a jury—especially when liability is contested.
Tell Your Story: Humanizing the impact of the crash is key, particularly when dealing with jury biases against riders.