Research shows that over 8 million Americans ride motorcycles. The truth is that riding a motorbike is thrilling, but accident risks are high. Furthermore, motorcycle accidents often tend to be fatal compared to that of a car. The reason for this is because the rider is exposed to the elements, and the impact results in more injuries. After an accident, a person may be in shock and a state of confusion. In such a scenario, the person may think that contacting the liable insurance underwriter and requesting for compensation will go smoothly without fear or worry. However, this is often not the case, and that is why it is important to get in touch with a Kannapolis Motorcycle Accident Lawyer.
All these facts and others make solving a motorcycle accident complicated, and within no-time, the insurance companies will be on your neck. Therefore, the million-dollar question is, what is the best way to approach a motorcycle accident? How do you go about it? With the help of a highly skilled Kannapolis injury lawyer to help you through the claims process.
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How Can A Lawyer Help With Your Motorcycle Accident Claim?
Generally, an ordinary vehicle accident is resolved quicker. That is because the rules and regulations defining these accidents are apparent, and because of their frequent occurrence, a majority of motorists are aware of them. On the other hand, the rules and regulations surrounding a motorbike accident are not known by many mainly because experts handling motorcycle accidents are few.
The chances are; if you have been involved in a car accident in the past, you think that you can similarly solve a motorbike accident (collecting evidence and delivering it to the insurance company, then they account for the injuries and damages and receive a Cheque).
Things don’t always work this way, especially when it comes to a motorcycle accident. The insurance company will try as much as possible to save as much money as they can – and because there is a stereotype that motorbike riders are reckless and tend to be involved in accidents frequently, the chances of getting the compensation you deserve are low. Therefore, the insurance compensation adjuster will try as much as possible to reduce the amount by employing a few tactics. The tactics include:
- Denying the injuries suffered came from the motorcycle accident
- Trying to prove that you were at-fault for the accident and not the other party
- Trying to settle the matter faster
- Downplaying the extent of the injuries
These are just but a few tactics used, and this is where a Kannapolis car accident lawyer comes into play. We understand a victim’s legal rights and the estimated compensation amount they are liable to receive. We can see through some of these tactics used by the insurance adjuster. Therefore, the lawyer will help you receive the correct claim. Furthermore, they will negotiate on your behalf. In a nutshell, by seeking the services of a motorcycle accident lawyer, you increase your chances of getting a satisfactory resolution.
Which Are The Most Common Motorcycle Accident Causes?
There is no doubt that motorcycle accidents are fatal. In fact, a rider is 27 times more likely to succumb to injuries compared to a car passenger. Which are these common causes of a motorcycle accident? they include:
- Poor road condition
- Left-turn accidents
- Inexperienced drivers
- Immediate/emergency stop in the middle of the road
- Lane splitting
- Ridding under the influence
- Unsafe lane changes by a driver
- A passenger or driver opening a car door in the path of a rider
- Motorbike defects
What Are The Motorcycle-Specific Laws In North Carolina?
There are few statutes relating to motorcyclists in Kannapolis, North Carolina, more especially those surrounding code of conduct, inspection, and licensing. In other words, a person intending to ride a motorcycle must have a certified license in NC. Those with a driving license can get a motorcycle endorsement by paying a specified fee and taking a test to prove their knowledge and competency.
All motorbikes operated on the road must have a working horn and at least one working horn. They should have a rear mirror that has been mounted correctly. Also, the exhaust system should be in proper working condition and equipped with emission control devices; for older manufactured motorcycles after 1967.
All motorcycles should be equipped with at least one working headlamp that can project enough light to illuminate an object 200 feet away. The rear lamp should illuminate light and be visible under normal weather 500 feet away.
A motorbike passenger should not exceed the allowed designated number, and all of them should wear protective headgear.
What Injuries Are Caused by Motorcycle Accidents the Most?
Injuries included by motorcycle accident include:
- Head injuries that include brain injuries, concussions, and cracked skulls
- Broken bones that cover the wrists, feet, hips, legs, or arms
- Road rashes that involve nerve damage, muscle, gashes, cuts, and bruises
- Neck injuries like broken collar bones
How Is Fault Determined In A Motorcycle Accident in Kannapolis?
North Carolina is a fault-based state. What does this mean? Well, it merely means that a negligent driver should pay for the injuries caused. However, first, the rider should have a minimum amount of insurance cover. Although a majority of the riders go for higher policy limits, it has been proven that about 6.5% of North Carolina motorists are not insured or carry the minimum coverage.
The amount of recovery or compensation after an accident is determined by the circumstances and facts of the accident. As such, you will need strong evidence showing the other driver was at-fault for the accident. For this reason, you will need medical records, accident pictures, witness statements, lost income calculations, and documentation showing the way your life has been affected.
Secondly, you will need to know and understand all claim weaknesses. For example, you should note that North Carolina is a contributory negligence state. As such, a victim can lose their right to compensation if their actions contributed to the accident. Therefore, if the evidence clearly shows the other party was at fault for the accident and there is no reasonable doubt, the courts will demarcate responsibility accordingly as per North Carolina laws.
What Compensation Can You Get For A Motorcycle Accident?
When it comes to valuing or calculating a motorcycle accident, two things come into play. These factors are damage and liability. If there is no liability, the compensation claim won’t be worth much. It is the work of a petitioner to prove that a defendant was careless. If the other part was not reckless or negligent, then they do not owe you anything.
Also, it is vital to understand the difference between trial value and settlement value. The Settlement value is often lower than the trial value; because the settlement amount is what you expect to get in order to clear the matter without going to trial. On the other hand, there is a risk of losing when going to trial. The amount to get should cater for damages, and the trouble the whole ordeal has caused.
Why Would My Motorcycle Accident Claim Be Denied?
Remember, a motorcycle accident claim is affected by two factors, which are liability and damage. The other party must have acted negligently or carelessly to establish liability. Furthermore, a victim must have suffered a loss from the accident. As such, if neither of the two can be established, then the claim may be denied.
A good example is when you are involved in a severe accident, but the other driver was not negligent. In simpler terms, the accident may be due to your fault. In such a case, the claim may be denied because the other driver was not-at-fault.
What Is The Statute Of Limitation For Filing A Motorcycle Accident Claim In North Carolina?
The statute of limitations in North Carolina for filing a motorcycle accident claim case is 3 years starting from the date of the accident. Remember, this is not the same as the deadline for accident reporting to the insurance company. In fact, as soon as you are involved in an accident, you should inform them about the accident.
Contact a Kannapolis Motorcycle Accident Lawyer Today
This short document has covered all the essential information about motorcycle accidents and the best way to handle the situation. There is no doubt the whole situation may be challenging and even overwhelming, but with the help of a highly skilled lawyer in your corner, you will get the help you need. Do not let a motorbike accident drag your life; allow a professional to do the work.
If you find yourself in this situation, start by contacting a reliable, professional, and highly skilled Kannapolis, NC, personal injury law firm. They are a reputable law firm in North Carolina familiar with the statute governing motorbike accidents, and they will handle everything related to your case.
They will handle engagement with the negligent party insurance company and file for a court case date if it gets to that with the aim of getting you the compensation you deserve. Do not waste your time getting involved in the whole compensation claim saga without the help of a lawyer or building a strong case.