Raleigh Motorcycle and Scooter Accident Lawyers
If you were injured on a motorcycle or moped , you have the right under North Carolina law to receive compensation for your injuries. Our experienced Raleigh motorcycle and scooter accident lawyers - who are rated among the best in North Carolina - can help.
Our compassionate team helps clients with medical care, medical bills, property damage, and dealing with the stress of their physical recovery. We provide support, care, and concern in the aftermath of tragedies.
As former insurance defense attorneys, we know how to fight for every penny you deserve.
Motorcycle and moped Lawyers Serving North Carolina
Determining Fault in a Motorcycle and Scooter Accident in Raleigh, NC
Determining fault in a motorcycle or scooter accident can be a complex process because there are many factors that can contribute to an accident, including the actions of other drivers, road conditions, and weather. There are several types of fault (or negligence) that can be considered in a motorcycle or scooter accident case:
DISTRACTED DRIVING:
This includes activities such as texting, eating, or using a navigation system while driving. Distracted driving is a leading cause of motorcycle and scooter accidents in North Carolina and can result in significant fines and penalties for those who are found to be at fault.
IMPAIRMENT:
Driving under the influence of drugs or alcohol can significantly impair a person's ability to operate a vehicle safely. In North Carolina, it is illegal to operate a vehicle with a blood alcohol concentration of 0.08% or higher. If a driver is found to be impaired at the time of an accident, they may be held liable for any damages or injuries that occur.
SPEEDING/UNSAFE DRIVING MANEUVERS:
This includes actions such as speeding, tailgating, or failing to follow traffic laws. Reckless driving can be extremely dangerous and can result in serious accidents and injuries. If a driver is found to be reckless, they may be held liable for any damages or injuries that occur.
FAILURE TO MAINTAIN A VEHICLE:
It is the responsibility of a driver to ensure that their vehicle is in good working order and safe to operate. If a driver fails to maintain their vehicle and this leads to an accident, they may be held liable for any damages or injuries that occur.
In some cases, more than one party may be found to be at fault for a motorcycle and scooter accident.
Common Injuries Caused By Motorcycle and Scooter Accidents in Raleigh, NC
Motorcycle and scooter accidents in Raleigh, NC can cause serious injuries to everyone involved, even death. Some of the most common types of injuries our motorcycle accident attorneys see in their cases are:
Back and spine injuries
Neck injuries
Brain injuries (concussions and traumatic brain injuries or TBI)
Sprained and bruised knees, ankles, wrists, hips, and shoulders
Broken bones
Fire, electrocution, and burns
Eye injuries
Hearing loss
Amputations
Chest and abdominal injuries
Anxiety and psychological injuries
Damages Our Raleigh Motorcycle and Scooter Accident Lawyers Can Recover for You
The personal injuries you suffered in your scooter or motorcycle accident may entitle you to monetary payments and compensation. Some of the most common types of damages (explained in more detail here) recovered in the cases handled by our Raleigh motorcycle and scooter accident attorneys are:
Medical bills paid/reimbursed
Future medical expenses
Lost wages and income for time you missed at work
Pain and suffering/mental anguish
Loss of consortium if your accident affected your relationship with your spouse
Permanent disability, scarring, or disfigurement
Punitive damages to punish the other party for particularly bad, reckless, or outrageous conduct that caused your injuries
A Guide to North Carolina Motorcycle and Scooter Accident Claims
Most motorcycle and scooter accident injury victims have questions about what they should/shouldn’t do and how the legal system works. It’s understandable because this kind of tragedy rarely happens to a person more than once. Unfortunately, there is little reliable or correct information about motorcycle and scooter accident claims that is available to the public, which causes confusion about the accident process and hurts injury victims’ chances for recovery. Here’s what our team of Raleigh motorcycle and scooter accident lawyers believe you should know:
1. What Should I Do After I’m Involved in a Motorcycle and Scooter Accident in Raleigh, NC?
The initial moments and days after your motorcycle or scooter accident are critical, not only for your well-being but for your chances for compensation as well. These are the most important steps to take after your injury accident:
Take photos of your injuries
Take photos of the damage to your motorcycle or scooter and the other vehicles (including vehicle positioning)
Visit a doctor if you haven’t already
Follow the doctor’s recommendations and attend all follow-up appointments
Write down a narrative of what happened while it’s still fresh in your head
Make a list of witnesses and their contact information if you know it
Follow any additional instructions from your attorney
2. How Do I File a Motorcycle and Scooter Accident Claim in Raleigh, NC?
A motorcycle or scooter accident case begins when you file legal documents called a “summons” and “complaint” in the appropriate North Carolina court, usually in the county where you live or where the accident occurred. The specific details are outlined in Rule 4 of the North Carolina Rules of Civil Procedure. Filing a case is as simple as taking the summons and complaint to the court clerk of the court where you’re filing the case.
The clerk accepts the filing and returns your copies so that you can serve the defendant with their copy of the filing documents. “Serving” a defendant means providing them with a copy of your file-stamped summons and complaint in a very specific, formal way, which is explained in Rule 5 of the North Carolina Rules of Civil Procedure. Your complaint must include all of the grounds to bring your case and all of your demands for compensation.
3. Will My Motorcycle and Scooter Accident Claim Go to Trial in Raleigh, NC?
95% of motorcycle and scooter accident cases, according to government statistics, resolve before needing to go to trial. The vast majority of motorcycle and scooter accident cases will settle before the trial date arrives (sometimes even before a lawsuit is filed), and others will settle in the middle of trial. The most common reasons cases go to trial are:
The defendant’s insurance adjuster and company believes they will win the case, so they offer a very low settlement or none.
The insurance company doesn’t want to set a precedent for settling your type of motorcycle or scooter accident lawsuit.
The monetary amount demanded by your attorney is too high for the insurance company to settle without fighting the claim.
Liability (meaning who is at-fault) or the injured person’s damages are too contested or questionable to find a middle ground.
The more time spent in preparation and building the case, the more likely your case will reach an appropriate settlement. But there are a lot of variables, and if your case is in the small percentage that go to trial, a Raleigh motorcycle and scooter accident attorney can help prepare you for what to expect.
4. How Much Will My Motorcycle and Scooter Accident Claim Settle for in Raleigh, NC?
There’s no way to precisely value your claim, but an experienced motorcycle and scooter accident injury attorney may be able to give you an approximate value based on their experiences and prior results in other cases. The value of your claim includes your economic damages like costs for medical treatment, lost wages, future medical care, paying for help you need around the home, and physical therapy.
To approximate a total case value, you can add up your total economic damages and then multiply that figure by 1.5 or 2 (for moderate injuries) to account for pain and suffering, which will give you a rough range of what a jury might award might be or how an insurance company could value your claim. For serious injuries with significant permanent injury, you might multiply your total economic damages by 4 or 5 for those severe cases. For incidents that “shock the conscience,” like motorcycle and scooter accidents involving drunk drivers, we have seen victims awarded damages 10x or more of their economic damages. In a recent drunk driving case, our team of motorcycle and scooter accident attorneys in Raleigh negotiated a settlement for our clients that was 13x their medical bills.
5. What If I’m Partially At-Fault for Causing My Motorcycle and Scooter Accident in Raleigh, NC?
Whether it’s true or not, you are likely going to be blamed for causing your accident or injuries, even if just partially. You might even believe that you are responsible for the accident. However, there is a big difference between what regular people think about fault and what the law says. For instance, you might think a man stepping into a clearly visible 23 ft x 3 ft open service pit at an auto repair shop that he’s frequented for years is to blame for his own injuries. But the $1,800,000 settlement our team of Raleigh premises liability lawyers secured in that case in 2020 suggests otherwise.
Unlike other types of motor vehicle accidents, motorcycle crash cases are often hotly contested because most defendants will blame the motorcyclist and try to use the stereotype that motorcycle riders are reckless and careless. Not only is that not fair, but we also know that it is also not true.
North Carolina does follow the doctrine of contributory negligence, which could prevent you from recovering damages from your accident if a jury believes you are partially to blame. However, an experienced Raleigh motorcycle and scooter accident lawyer understands that defense and how to work around it.
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6. How Long Does a Motorcycle and Scooter Accident Claim Take to Reach a Settlement in Raleigh, NC?
A small of number of cases resolve very quickly before a lawsuit is even filed. It may take 3-4 months to obtain your medical bills and records and 1-2 weeks to negotiate with the claims adjuster. However, these cases are in the minority and are usually limited to very specific circumstances (like when liability is clear and the damages are so severe that they clearly are worth more than the limits of available insurance).
In most other cases, litigation can last for a year or more. The more complicated or contested your case, the longer you can expect it to take. You do have some control over the length of your case because it’s up to you to accept or reject settlement offers.
7. How Long Do I Have to File a Motorcycle and Scooter Accident Claim in Raleigh, NC?
There is limited amount of time you have to file a claim, also known as the statute of limitation. In North Carolina, for most motorcycle and scooter accident cases, you have 3 years from the accident or injury to bring a claim. For accidents that resulted in death, you have 2 years from the date of the death. There is no wiggle room or do-overs when it comes to deadlines to file a motorcycle and scooter accident claim, so it is in your best interest to get a Raleigh motorcycle and scooter accident attorney involved as early as possible after your accident.
8. What Is the Process for a North Carolina Motorcycle and Scooter Claim?
Motorcycle and scooter accident liability in North Carolina is determined by the state's laws and regulations, which outline the rules and guidelines for determining who is responsible for damages and injuries resulting from a car accident.
According to North Carolina's laws, the driver who is found to be at fault for the accident is responsible for any damages or injuries that occur as a result of the accident. This includes medical bills, property damages, and other costs related to the accident.
THE GENERAL motorcycle and Scooter ACCIDENT CLAIM PROCESS
Notify insurance carriers
Insurance adjuster inspects vehicles and estimates damages
The property damage amount is negotiated and settled
If there are injuries, the injured driver receives medical treatment
Once the medical treatment is concluded or the injured driver reaches maximum medical improvement (MMI), the bodily injury claim is negotiated and settled
If the property damage or bodily injury claim is not settled, then a lawsuit is filed
9. How Much Does a Motorcycle and Scooter Accident Lawyer in Raleigh, NC Charge?
Many Raleigh motorcycle and scooter accident attorneys will agree to work on your case with no money up front or out-of-pocket. If you succeed in your case, they will take a percentage of the compensation you receive either in your settlement or judgment from a jury verdict. This is also known as a contingency fee. In most of our cases, we charge a contingency fee equal to 1/3 of the amounts we recover on your behalf. That means we have a financial incentive to help you recover every amount you’re owed, not one penny less.
10. What Does a Raleigh Motorcycle and Scooter Accident Lawyer Do to Help?
Hiring an experienced Raleigh motorcycle and scooter accident lawyer can provide you with numerous benefits. Injury attorneys know how to conduct initial investigations and save important evidence (before it could be destroyed) that might be needed for your case. They are able to work with experts, law enforcement, and first responders to prove what happened in your accident. They can assist with getting you the appropriate medical care and treatment.
Good North Carolina motorcycle and scooter accident attorneys can also negotiate with the at-fault parties, their lawyers, and insurance adjusters to get you fair compensation for your injuries. But perhaps most importantly, an injury lawyer can take the weight and burden of the legal aspects of your case off your shoulders so you to focus on your recovery.
11. What Happens After I File a Motorcycle and Scooter Accident Claim in Raleigh, NC?
In a North Carolina motorcycle and scooter accident lawsuit, the injured party (victim) files a formal demand for compensation called a Complaint. Once you file the case, you serve the other side with a copy of the paperwork. Then you wait for them to file an Answer, which is just a legal document that admits or denies the allegations in your Complaint. At the time same, you have time to build your case by contacting witnesses, gathering medical evidence, and collecting evidence from the other party. This is known as “discovery.” At that time, you may be asked to give a “deposition,” which is sworn testimony under oath. An experienced North Carolina motorcycle and scooter accident lawyer, like our team in Raleigh, NC, can help, guide, and prepare you through this process.
12. What is the Statute of Limitations in North Carolina for Motorcycle and Scooter Accident Claims?
There is limited amount of time you have to file a claim, also known as a statute of limitation. In North Carolina, for most motorcycle and scooter accident cases, you have 3 years from the accident or injury to bring a claim. For accidents that resulted in death, you have 2 years from the date of the death. There are different and separate time limits for contracts cases, criminal cases, and cases about property damage.
13. What is the Average Settlement for a Motorcycle and Scooter Accident Claim in Raleigh, NC?
Determining the average settlement for a North Carolina motorcycle and scooter accident claim is difficult because there are so many different types and severity of injuries. In North Carolina, according to statewide statistics, motorcycle and scooter accident cases settle for an average of $73,700, but a number of facts go into the value of a case. Those include:
The amount of auto insurance coverage the defendant has
The severity of your injuries and damages you sustained
Who is at-fault and how bad their conduct was
However, cases may settle for more than the average when a good North Carolina motorcycle and scooter accident injury lawyer is on your side.
14. How Do I Maximize My Motorcycle and Scooter Accident Settlement in Raleigh, NC?
The first step to maximizing your motorcycle or scooter accident settlement is hiring a motorcycle and scooter accident lawyer. On average, cases where the victim is represented by an injury lawyer settle for larger amounts than when victims are unrepresented and try to handle their claims by themselves. It isn’t fair, but insurance carriers simply don’t take motorcycle and scooter accident claims seriously if the injured person isn’t represented by a lawyer.
15. Does Pain and Suffering Include Medical Bills (and What’s the Difference)?
No, pain and suffering is different from economic damages like medical bills and lost wages. Pain and suffering relates to the hassle, anxiety, stress, actual pain, and trauma you suffered as a result of the injury. But you have a right to claim full compensation for your injuries, which means medical bills, other economic damages, permanent disability, AND pain and suffering. Pain and suffering is on top of and in addition to your economic damages, like medical bills.
16. How Do You Calculate Pain and Suffering for a Motorcycle and Scooter Accident Claim in Raleigh, NC?
There is no magic formula for determining what amount of pain and suffering is fair in your case. In general, pain and suffering is proportional to the injuries you suffered. If your injuries are severe and/or caused permanent disability, the more pain and suffering compensation would be fair to award in your case. In a case with severe injuries and lifelong suffering, you might be awarded pain and suffering that is 5x or more of your economic damages (medical bills, lost wages, etc). In minor injury cases, your pain and suffering may be slightly less or equal to the amount of your medical bills.
However, sometimes there is a disconnect between what is just and fair in your case vs. what an insurance company or at-fault party will actually pay. A good Raleigh motorcycle and scooter accident lawyer has experience and even tools that can investigate recent judgments and settlements in your area to give you the best leverage in settlement negotiations so you can recover what is fair.
17. Can I Still File a Motorcycle and Scooter Accident Claim If I Wasn’t Wearing a Helmet in Raleigh, NC?
Not wearing a helmet or improperly wearing a helmet is a common issue in a North Carolina motorcycle or scooter 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.”
However, NCGS section 20-140.4 (b) expressly provides that 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 or scooter accident lawyer for help with your case.
18. Why Are Motorcycle and Scooter Accidents So Common in Raleigh, NC?
Drivers are frequently surrounded by distractions while driving, which can cause a person to ignore or forget to follow common safety rules or keep a proper lookout
Motorcycle and scooters are less noticeable than other vehicles and sometimes seem to appear suddenly, which can lead to accidents with drivers who aren’t keeping a watchful eye
Scooters often have their own lanes of traffic or ride on sidewalks, which drivers forget to check before changing lanes, entering intersections, or making turns
The size difference between motorcycles and scooters and cars on the roadway means that even slight contact or near misses can result in accidents with significant injuries
19. Can I File a Motorcycle and Scooter Accident Claim Without a Lawyer in Raleigh, NC?
Yes, you can file a motorcycle or scooter accident lawsuit without a lawyer. However, if you bring your case on your own, you’re subject to the same rules and standards as you would be if you had an attorney. You are required to follow the same formalities and rules when filing court documents. The rules of discovery, admission of evidence, and civil procedure will still apply to you in your case. If you make a mistake, there is a chance that you case will be dismissed or thrown out. While you can file a civil lawsuit without an attorney, your best chance to recover the maximum amount possible is working with an experienced motorcycle and scooter accident lawyer.
20. How Do I Find the Best Raleigh Motorcycle and Scooter Accident Lawyer for My Case?
Like every profession, injury lawyers vary in experience, skills, style, dedication, and levels of customer service so “best” can mean different things to different people. It’s a good idea to see if the injury lawyers you are considering have positive client testimonials, good (and recent) case results, and are passionate about helping others. It depends on whether you want to hire a law firm that works with thousands of clients every year or a smaller firm that only focuses on a limited number of cases. The relationship between lawyer and client requires a significant amount of trust and communication over an extended period of time, so the most important factor is choosing a lawyer that “feels right” to you.
Common Causes of Motorcycle and Scooter Accidents in Raleigh, NC
Some of the most common causes of motorcycle and scooter accidents in North Carolina include the following:
Failing to compromise space (give enough space for a motorcycle or scooter )
Cutting off a motorcycle or scooter with an improper left turn
Failing to fully check a blind spot for a motorcycle or scooter rider
Speeding or driving too fast for the weather or traffic conditions
Drunk driving or drugged driving, even if below the legal limit a driver could still be liable for a crash
Distracted driving, including the use of a cell phone, tablet, laptop, GPS, radio, eating, interacting with a passenger or pet, or otherwise not giving full attention on the roadway
Failure to yield to the right-of-way of a motorcyclist or bicyclist
Running a stop sign or red light
Unsafe backing into a motorcyclist
Following too closely and rear-ending a motorcycle or scooter , even if just a “bumper tap” it could still launch a rider
Mechanical defects that cause a crash with a motorcycle or scooter , and
Many other common causes of motorcycle and scooter crashes that our North Carolina motorcycle and scooter accident lawyers in Raleigh, NC could help you recover damages for in a crash.
Important North Carolina Motorcycle and Scooter Laws to Know
Our North Carolina state legislature has enacted numerous vehicle and traffic laws that pertain to all motor vehicles, including cars, trucks, SUVs, and other types of vehicles. Although motorcycles are smaller than other vehicles, that does not mean they have fewer rights under the vehicle and traffic law. There are many important North Carolina motorcycle laws that apply to help keep riders and other people on or around the roadway safe.
GENERAL OPERATION OF MOTORCYCLES IN NORTH CAROLINA
Motorcyclists must comply with the rules of the road as established the North Carolina General Statutes (NCGS) that govern “Motor Vehicles” and set forth the rules of the road. Since motorcyclists must comply with all vehicle and traffic laws, they also get the privileges of operating as any other vehicle on the roadways.
Specifically, NCGS section 20-146.1 provides that all motorcycles are entitled to use the full lane of travel and no other motor vehicle can “deprive any motorcycle of the full use of a lane.” Although another motorcycle can ride “abreast” or next to another motorcycle in a lane, other vehicles cannot crowd a motorcycle without violating this law.
MOTORCYCLE RIDERS MUST WEAR HELMETS 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). This law is for safety reasons, as 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%.
CONTRIBUTORY NEGLIGENCE AND FINDING FAULT IN A MOTORCYCLE ACCIDENT
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.
Raleigh Motorcycle and Scooter Accident Statistics
Motorcycles are one of the most common types of motor vehicles on our roadways. According to insurance statistics, there are over 8.6 million motorcycles registered in the United States—with roughly 250,000 registered in just North Carolina. While many motorcyclists safely enjoy their rides, unfortunately our North Carolina motorcycle accident lawyers know that far too many riders are seriously injured or wrongfully killed in motorcycle accidents. According to the National Highway Traffic Safety Administration (NHTSA), each year in the United States approximately 5,000 motorcycle riders are killed in traffic accidents. For the last year of accident statistics, the North Carolina Division of Motor Vehicles (NCDMV) reports there are over 3,500 motorcycle accidents each year in the Tar Heel state that result in almost 200 fatalities and over 2,700 personal injuries. According to the same statistics, motorcycle accidents in Wake County were responsible for 13 of those motorcycle fatalities and roughly 250 of those personal injuries.
According to the “Motorcyclist’s Handbook” issued by the NCDMV, most crashes occur on short trips (less than 5 miles), just a few minutes into the ride, and at a speed less than 30 MPH.
Motorcycle and scooters accidents are frequently one of the most dangerous - and often fatal - types of vehicle collisions in North Carolina. According to insurance statistics, there are 250,000 motorcycles registered in just North Carolina. Unfortunately, accidents involving motorcycles and scooters usually result in serious or grave injuries. So if you or a loved one are involved in a motorcycle accident or are hit by a driver while riding your scooter, it can be life-changing. There are specific laws in North Carolina that govern the operation of motorcycles and scooter accidents, which can be complicated. And on top of all that, you only have one change to get it right.
Free Motorcycle Accident Case Evaluation
If you or a loved one have been injured in a motorcycle or scooter accident and want to know your legal rights, our experienced Raleigh motorcycle and scooter accident lawyers are available to help.
Raleigh Motorcycle and Scooter Accident Claims We Handle
Touring and cruiser motorcycles
City cruiser and mountain bikes
Sport motorcycles and dirt bikes
Electric bikes (or e-bikes)
Mopeds and scooters
ATVs (all-terrain vehicles), ORVs (off-road vehicles), and UTVs (utility task vehicles)
Motorcycle driving classes
ATV parks and touring
Raleigh Motorcycle and Scooter Accident Lawyer Costs
For transparent, upfront pricing on what our motorcycle and scooter accident lawyers in Raleigh, NC charge to help you with your case, please click below.
Raleigh Motorcycle and Scooter Accident
Lawyer FAQs
Areas Our Raleigh Motorcycle and Scooter Accident Lawyers Serve:
The Best Raleigh Motorcycle and Scooter Accident Lawyers Will:
THOROUGHLY INVESTIGATE YOUR ACCIDENT
EXPLAIN YOUR OPTIONS
GUIDE YOU THROUGH THE CLAIMS PROCESS
NEGOTIATE WITH THE INSURANCE COMPANY
FILE A LAWSUIT IF NECESSARY
ABOVE ALL ELSE, FIGHT FOR YOU
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Why Our Raleigh Motorcycle and Scooter Accident Lawyers Provide Free Consultations
Free legal consultations play a vital role in ensuring access to justice as well as promoting fairness, justice, and the well-being of accident victims. That’s why our award-winning Raleigh personal injury lawyers always provide free consultations for potential clients
Schedule a Free Consultation With Our Raleigh Motorcycle and Scooter Accident Lawyers
Even if the other driver’s insurance company blames you for the accident, our highly ranked motorcycle accident attorneys have experience in these cases to help ensure that you recover the maximum amount of compensation that you deserve for your damages.