A Lawyer's Guide to Motorcycle Helmet Laws in North Carolina
Raleigh Motorcycle Lawyer Explains Motorcycle Helmet Laws In North Carolina:
Science tells us that helmets save lives. Statistics from the Centers of Disease Control and Prevention (CDC) indicate that motorcycle helmets save an estimated 1,859 lives each year, reduce the risk of death by 37%, and reduce the risk of head injuries by 69%. However, many motorcycle riders in North Carolina do not wear helmets when they ride their bikes. If they are injured in an accident, should that matter? This guide explains North Carolina law and why evidence of not wearing a helmet may not be introduced in your case.
Basic Motorcycle Helmet Laws in North Carolina
Under North Carolina law, all motorcycle operators and passengers must wear a helmet while on a motorcycle that complies with federal regulations and is properly secured (NCGS section 20-140.4).
Read more about North Carolina Motorcycle Laws.
Can I Still Recover Damages from a Motorcycle Accident If I Wasn’t Wearing a Helmet in North Carolina?
Not wearing a helmet or improperly wearing a helmet is a common issue in a North Carolina motorcycle accident. This is because the contributory negligence rule states that a victim who causes his or her own accident or injuries, even by 1%, could be barred from making a recovery. Therefore, in some states, the failure to not wear a helmet could be considered contributory negligence on behalf of the rider. This is known as the “helmet defense.”
Fortunately, you likely still can get compensation even if you fail to wear a helmet (depending on other facts in the case). According to North Carolina statutes (NCGS section 20-140.4 (b)), the failure to wear a helmet cannot be used to establish contributory negligence on the part of a rider. A defense lawyer and insurance adjuster will still try to use this against you, including trying to persuade a jury that it was your fault that you sustained injuries in a crash. Do not let this happen to you. Ask an experienced North Carolina motorcycle accident lawyer for help with your case.
What Does Contributory Negligence Mean for Motorcycle Accidents in North Carolina?
If you were partially at fault for your motorcycle accident, you may have trouble recovering compensation without the help of an experienced North Carolina motorcycle accident lawyer. This is because North Carolina is a contributory negligent state as recently affirmed by a mid-level appellate court. Under the contributory negligence rule, an injured party is barred from recovering any damages from a defendant if the victim is even 1% at fault for the accident.
Although this is the minority rule in the United States (most states adopting the comparative fault rule), all motorcycle accident operators or passengers in North Carolina will have to follow this rule—even if you are not from North Carolina. If the you’re involved in a motorcycle accident in North Carolina, you are subject to this harsh rule.
However, there are some ways around the contributory negligence defense. The most common defense is called the last clear chance doctrine which allows a victim to still recover compensation where the defendant could have acted to avoid causing the crash or injuries to a person in peril, but did not. An example would be where a victim swerved into another lane to avoid a pothole, and the defendant could have easily avoided the collision by braking or compromising space, but didn’t and hit the victim.
Schedule a Free Case Evaluation With Our Motorcycle Accident Lawyers in Raleigh, NC
If you have been involved in a motorcycle accident in North Carolina, it is important to speak with an experienced personal injury attorney who can help you understand your legal options and pursue the compensation you deserve. Contact our Raleigh motorcycle accident lawyers to schedule a free case evaluation. It is important to note that each case is different, and the specific laws and regulations that apply will depend on the circumstances of the accident. So don’t wait.
