Can I File a Lawsuit in North Carolina if I’m Involved in a Motorcycle Accident?
Motorcycle accidents are a leading cause of accident-related mortality in the United States. Most motorcycle accidents result in severe physical injuries that might warrant hospitalization or prolonged treatment and temporary or permanent incapacitation. Besides the risk of physical harm, these accidents result in thousands of deaths each year due to fatal injuries. According to official statistics reported by the NCDOT (North Carolina Department of Transportation), nearly 3,600 accidents in 2019 involved motorcycles.
If you were injured in such an accident, you have the legal right to sue the negligent party to obtain monetary compensation for your damages. A competent motorcycle accident lawyer can help you navigate the complicated process of filing a lawsuit against the driver at fault. Most law firms offer a free initial legal consultation and charge their fee only when they obtain a successful outcome for your injury claim.
Legally Compensable Damages
Suffering injuries in a motorcycle accident comes with a significant amount of physical, financial, and emotional trauma. Through a lawsuit, you can obtain compensation to mitigate some of your financial losses, including loss of income, medical bills, costs of ongoing physical and occupational therapy, loss of consortium, emotional pain and suffering, incidental expenses, punitive damages, and more.
Filing a Lawsuit
If you were injured in a motorcycle accident and believe it resulted from another driver’s negligence, you can file a lawsuit against the driver at fault. To file a said lawsuit, you must have adequate legal representation and evidence regarding your incident, injuries, and the culpability of the defendant. An experienced lawyer can help you compile the evidence required to prove negligence in such a case and obtain fair compensation for your losses. Depending on the specifics of your incident, you might receive this compensation through a court trial or out-of-court settlement.
Determining Negligence
Determining negligence in a motorcycle accident can be challenging since both parties can share the blame for the incident. Most such accidents result from a violation of traffic regulations by the offending driver. Unsafe driving practices like speeding, lane splitting, drunk driving, reckless driving, and more might result in catastrophic physical injuries to the victim and significantly hamper their ability to lead a healthy life. Since no two motorcycle accidents are the same, the amount of compensation obtained through a lawsuit might vary according to the specifics of each case. In some cases, the amount of compensation might decrease according to the percentage of fault if it is discovered that the negligence of the victim also contributed to the accident. It is important to note that in such cases, victims can still pursue legal action against the offending drivers.
Conclusion
A motorcycle accident can result in severe, potentially life-threatening injuries that might require prolonged treatment and hospitalization. If you suffered such injuries in an accident, you might be able to pursue legal action against the negligent driver to obtain compensation for your damages. An experienced traffic accident attorney can help you navigate the complicated legal process and get justice for your case.
