Raleigh Motorcycle Accident Lawyer

Filing A Claim After A Motorcycle Accident

North Carolina’s scenic routes make it a popular place for motorcyclists to travel and enjoy the roads. Unfortunately, not all motorists respect a rider’s right to share the road, and they may act recklessly or carelessly, which can lead to a serious accident. If you have been in an accident, our Raleigh, NC motorcycle accident lawyer can help you. Motorcyclists are more likely to suffer significant injuries, or fatalities, given the lack of protection that their vehicles provide, especially when struck by a larger, heavier car or truck. Motorcycle accident lawyer Jason Michael Burton is dedicated to making sure that victims of these collisions receive financial compensation to aid them in their recovery. Mr. Burton has over a decade of experience helping clients in personal injury and wrongful death cases recover more than $40 million in settlements and verdicts. He also has been honored as a Top 10 Personal Injury Attorney Under 40 by the National Academy of Personal Injury Attorneys, as well as a Litigation Rising Star by North Carolina Super Lawyers Magazine, and is a lifetime member of the Million Dollar and Multi-Million Dollar Advocates Forum.

The Burton Law Firm offers seasoned and knowledgeable legal representation to residents in communities surrounding Raleigh, Fayetteville, Durham, Greensboro, and Winston-Salem, as well as many communities in Southern Virginia. If you’ve been involved in a devastating motorcycle accident, contact our office today to find out more about how we can help.

With nearly 200,000 registered motorcycles in North Carolina, and short mild winters with colorful autumn and some beautiful summers, the state has a high appeal for motorcyclists. That’s why if you are in a motorcycle accident you should reach out to Burton Law Firm today.

Legal Options For Injured Motorcyclists

Although all motorcycle riders in North Carolina are required to wear a helmet, which reduces the risk of traumatic brain injuries, this precaution does not eliminate the dangers associated with involvement in a motorcycle collision. The U.S. Department of Transportation’s National Highway Traffic Safety Administration has reported that motorcyclists are 35 times more likely to be involved in a fatal collision than occupants of passenger cars. Locally, according to the North Carolina 2017 Traffic Crash Facts issued by the Department of Motor Vehicles, there were 139 motorcyclists killed and 3,135 injured in that year statewide.

Our personal injury attorney can help you pursue a claim if you were injured by the negligence of another motorist. Since North Carolina is an “at-fault” state, as is Virginia, victims of these collisions can file a claim with the at-fault driver’s insurance company, instead of using their own policy. These victims also have a right to file personal injury claims or wrongful death cases when appropriate to pursue compensation from the parties responsible for their damages. Showing who is at fault for an accident may be straightforward, such as when a driver has been convicted of DUI in connection with the collision. However, determining fault is not always obvious, and insurance companies may argue that the motorcyclist was to blame. North Carolina uses the strict doctrine of contributory negligence, which prevents a victim from recovering compensation if they were at fault to any degree. This makes it important to investigate the causes of an accident soon after it happens so that all essential evidence is preserved. Many of these collisions result from a driver’s distraction, fatigue, or failure to yield. Consulting our seasoned motorcycle accident attorney who can gather the evidence necessary to show negligence is important to make sure that your legal rights are protected.

In North Carolina, personal injury claims must be filed within three years of a victim’s injuries, while Virginia only provides a two-year window in which to do so. Both states require wrongful death cases to be filed within two years of a victim’s death. The compensation to which motorcycle accident victims may be entitled includes past and future medical expenses, lost income, loss of future wages, and pain and suffering.

Common Motorcycle Accidents And Injuries

While motorcycles are certainly a thrill to drive, an accident on a motorcycle can be devastating and some drivers and law enforcement officers are going to assume the motorcyclist is always at fault. Any time a motorcyclist is in an accident, they are likely to be injured due to the nature of the vehicle and its lack of protection around the body. Because of this, a rider who is injured when it was not their fault is even more likely to need compensation for their injuries. Below are some of the more common accidents and injuries sustained by motorcyclists.

• Broken Bones
  It is not surprising that a motorcyclist colliding with a car could result in a broken bone. Broken bones require weeks of recovery, x-rays, and other medical interventions that can get costly. Not to mention the pain that it can cause, making it difficult to function during your recovery.
• Head Injury (even with a helmet)
  Every head injury is serious and when severe, can have life-long and life-altering effects – or even lead to death. Riders are strongly encouraged to wear helmets even in states that don’t require them, but even with a helmet, a rider could still suffer a serious head or neck injury requiring a long recovery.
• Road Rash
  Road rash is the scraping and bruising that a motorcycle rider sustains on their body when they slide across the gravel or pavement. This is likely the most common injury to riders because it can happen so easily when you are thrown across roadway. The level of severity of road rash can vary greatly depending on the collision, which can also affect the healing time and recovery process.

When you or a loved one are injured by another driver while riding a motorcycle you should not be left with all the pain, suffering, medical bills, and damage to property. Injuries can be serious and require a long recovery period. You may possibly never fully heal, resulting in a negative impact on your quality of life.

Raleigh Motorcycle Accident Infographic

Raleigh Motorcycle Accident Statistics

The Governors Highway Safety Association or the GHSA reported that there were hundred and 41 motorcyclist fatalities in 2017 in North Carolina alone. While this was down by 11% from 2016, it went back up in 2018 with 168 totality and nearly 3000 injuries.

If you have been injured in a motorcycle crash in North Carolina, there is probably only one statistic that’s going to matter to you and that is recovering damages after a motorcycle accident. Damages refers to the financial compensation that is owed to a plaintiff who has been injured after an accident. You can receive money to cover the cost of medical treatment, lost wages, compensation for loss of ability to enjoy activities of the daily lifestyle, pain and suffering and emotional distress, property damage, and even wrongful death.

However, this can be hard to do because of the liability in a motorcycle crash. Typically liability is believed to be the motorcyclist’s fault because it’s a more dangerous vehicle to drive than a car and people don’t tend to drive them safely. However any good personal injury attorney in Raleigh is going to tell you that North Carolina is among the states that allow contributory negligence standards of law. This means if you are even of percent liable for an accident the insurance company is not going to pay for your injuries.

In fact, in many states, even if the injured person is found to be at fault for an accident, they can still recover some damages. Not in North Carolina. Because of this fact, motorcycle bias can be especially damaging. If you are in a motorcycle accident, you should work with an attorney and seek to prove the negligence of the other driver or that the driver breached the duty of the roadway.

Motorcyclists are going to take risks; they’re going to speed and weave through traffic. Because of this, when you have an accident and you are on a motorcycle there is a preconceived stigma. People are going to assume the accident was your fault. This is why you need an extremely good motorcycle accident attorney.

Motorcycle Accident Glossary

If you’re searching for a Raleigh, NC motorcycle accident lawyer, it’s likely because you or a loved one has been involved in a serious crash. Legal terminology can be confusing, especially in high-stakes cases involving motorcycles. We’ve created this glossary to help clarify key legal phrases that commonly arise during the course of an injury claim after a motorcycle accident in North Carolina.

Personal Injury Claim

A personal injury claim refers to a legal process where an injured person seeks financial recovery from another party whose actions caused harm. In motorcycle accidents, this often involves pursuing compensation from a driver who acted irresponsibly, such as by texting while driving or failing to check blind spots. The claim can cover medical expenses, lost time at work, and long-term physical and emotional consequences. In North Carolina, this must be filed within three years from the date of the injury.

It’s critical to understand that making a personal injury claim means more than just filling out paperwork. Evidence must be collected, including witness statements, police reports, and medical documentation. This evidence supports the argument that someone else’s actions caused the injury, and the costs associated with it are measurable and directly tied to the crash.

Wrongful Death Action

This term applies when a motorcycle accident results in a fatality, and the surviving family members wish to pursue legal action. A wrongful death action is filed to recover compensation for the financial and emotional losses experienced by surviving spouses, children, or parents. These may include funeral costs, lost future income, and loss of companionship.

In North Carolina, the window to file a wrongful death action is two years from the date of death. Filing outside of that time frame can result in the claim being denied. Unlike other claims, wrongful death lawsuits must be brought by the personal representative of the deceased’s estate.

Contributory Negligence Rule

North Carolina follows one of the strictest standards in the country when it comes to contributory negligence. Under this rule, if an injured person is found to be even slightly responsible for the accident, they cannot recover any compensation. This makes evidence gathering and legal strategy especially important for motorcyclists, who are often unfairly judged based on the type of vehicle they ride.

Insurance companies may attempt to show that the rider was speeding, weaving between lanes, or not wearing protective gear properly, all in an effort to reduce or eliminate compensation. This is why documentation, traffic camera footage, and credible witness statements are valuable when countering these claims.

Insurance Carrier Disputes

After an accident, most people deal with insurance companies — either their own or the other party’s. Disputes with insurance carriers often arise when a claim is denied or undervalued. Common points of contention include the severity of injuries, necessary medical treatments, and the cost of repairing or replacing the motorcycle.

Motorcyclists frequently encounter biases during these discussions. Insurance companies may suggest that riding a motorcycle inherently carries more risk, which they use to justify lower settlement offers. Legal support can help push back against these narratives with specific documentation that validates the full cost of the accident.

Traumatic Brain Injury (TBI)

Although helmets reduce the risk, traumatic brain injuries still occur frequently in motorcycle crashes. TBIs range from mild concussions to permanent brain damage and require specialized diagnosis through imaging and neurological testing. Symptoms may include headaches, memory loss, cognitive impairment, or changes in personality.

In personal injury cases, a documented TBI can be a major factor in calculating compensation because it often requires ongoing treatment and may impact someone’s ability to return to work. Long-term care, rehabilitation, and changes to a person’s independence can be factored into legal recovery efforts.

Working with the right legal team matters — especially in a state like North Carolina where a single misstep can result in a lost claim. We at Burton Law Firm have years of experience helping injured riders pursue full recovery under state law, even in difficult and high-stakes situations.

If you’ve been injured in a motorcycle crash, let’s talk. Call us for a free consultation so we can walk you through your options and help you understand your next steps.

Burton Law Firm, Raleigh Motorcycle Accident Lawyer

3008 Anderson Dr #250, Raleigh, NC 27609

Contact Our Firm Today

No matter the circumstances of the accident, if you or your loved one has been injured in an accident while riding a motorcycle do not hesitate to contact the Burton Law Firm to talk with our experienced Raleigh motorcycle accident lawyer. During your confidential consultation, you can go over the details of your accident, get answers to your questions, and gain a better understanding of your legal options and the next steps for pursuing a claim. Don’t wait, because time could be of the essence to have the most options available to you. It is wise to not even talk to the insurance companies before talking with our lawyer first as they could try to use the information you give them against you later. Call us today to set up your consultation with one of our experienced attorneys!

Client Review

“Mr. Burton is a very knowledgeable and trustworthy attorney. He gave me honest feedback on my case in a professional and friendly manner. I would absolutely refer him to anyone who needs a good attorney to help you through the court system, he will be by your side from beginning to end!”
Megan Halloran

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