People love to complain about how motorcycles are so dangerous. People talk about how motorcycle riders drive too fast and speed in and of traffic. And, while some do, for the most part, motorcycle riders are just as careful as everyone else on the road. If you’ve been involved in a motorcycle accident, you’ve probably heard the excuse, “I didn’t see him.” That seems to be the most common reason given for why a car or truck collides with a motorcycle. In some cases, this may be true. It is harder to see motorcycles. However, often times, the reason for the crash is that the other driver was negligent. Your motorcycle accident lawyer in Hickory, North Carolina will have to prove the other driver was at fault.
How Do You Prove Negligence in North Carolina?
Most personal injury cases involve negligence to some extent. Someone wasn’t careful and an innocent person ended up getting hurt. This is often the case with motorcycle accidents. The person driving the car or truck is negligent and ends up causing a serious accident.
Most motorcycle accidents are caused by negligence. In order to prove that the other driver was negligent, your Hickory motorcycle accident lawyer needs to show the following:
- The other driver had a duty of care – In any sort of accident, the driver has a duty to obey all traffic rules. When it comes to a motorcycle accident, you have another duty – the duty to look out for other drivers. One of the most common excuses for a motorcycle crash is that the other driver “didn’t see them.”
- They breached this duty – If the other driver wasn’t careful enough or just didn’t look out for you, they’ve breached their duty of care.
- You were injured – If you go to the hospital, it’s easy to prove your injuries. The problem is, a lot of riders refuse medical treatment at the scene. This is a big mistake. If you don’t go to the hospital, your lawyer will have no way to prove you were hurt.
- Your injuries were caused by the other driver – You do have to prove that your injuries were caused by the accident.
If your motorcycle accident attorney is able to prove these four (4) things, you may be entitled to compensation.
How Does Contributory Negligence Work?
Every state has their own rules when it comes to drivers who are partially at fault. Most states follow something called comparative negligence. In these states, as long as you’re less than 50% at fault for your crash, you can recover against the other driver.
The scary thing about North Carolina is that it’s a contributory negligence state. This means that if you’re found to be even 1% at fault, the insurance company can deny your claim. It also means your lawsuit can be dismissed. This is why it’s important that you have an experienced motorcycle injury lawyer by your side.
It’s almost impossible to prove that one motorist was absolutely 100% at fault in any crash. Even if one driver plowed into you from behind, they can argue that your brake lights weren’t working. Or, they can claim that you slammed on your brakes and caused the collision. Since there’s no way to know exactly what happened, it comes down to who the jury believes.
Your lawyer will have to prove that the other driver was 100% at fault. This can be very difficult to do. This is why your Hickory motorcycle injury lawyer will try to settle your claim. Your odds of getting compensation are much higher if you’re able to negotiate a settlement with the insurance company.
Contact an Experienced Motorcycle Accident in Hickory, North Carolina
If you’ve been injured in a motorcycle accident, you need to contact an experienced injury lawyer at Harman Law. They have decades of combined experience handling cases just like yours.
If you’re lucky, your insurance claim will be approved and you’ll get paid right away. However, insurance companies aren’t in the business of paying claims. They could deny your claim. If this happens, you’re going to need to file an appeal. You’re much better off having a skilled lawyer handle this for you.
The other driver is going to have a lawyer working for them and you should too. You should call and schedule your free initial consultation today. Your lawyer can review your case and let you know what it may be worth. They can also answer any questions you may have.
The consultation is free and you pay nothing until you settle your case.