How Do You Determine Fault in a Charlotte Motorcycle Accident?

A lot of people complain that motorcycle riders are reckless. They complain that they drive too fast and weave in and out of traffic. And, even if this is true, it doesn’t mean motorcycle riders deserve to be killed in an accident or are always at fault.

Motorcycle riders, for the most part, are just as careful as other drivers. However, because they are smaller and do go fast, they can be more dangerous than a car. When motorcycle riders do get into an accident, they suffer pretty serious injuries.

The excuse given by most car and truck drivers who get into a motorcycle crash is: “I didn’t see him.” They hope the insurance company will blame the biker because they do have such a bad reputation.

But, in order to recover in any motorcycle accident, you have to prove the other party was at fault. You also have to prove that you were injured. Your Charlotte, North Carolina motorcycle accident lawyer will do just that.

Your Motorcycle Accident Lawyer Must Prove Negligence

A motorcycle accident case is a personal injury case. This means that, in order to recover, your North Carolina injury lawyer must prove the other driver was negligent.

This means your lawyer will have 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 can prove these four (4) elements, you will have a good chance of receiving the compensation you deserve.

North Carolina is a Contributory Negligence State

All states are different when it comes to parties being partially at fault. Most states just reduce your jury award by your percentage of fault. So, if you were going to get $100,000, but you were 30% at fault, you’ll only get $70,000.

North Carolina is different. They follow something called contributory negligence. Under this principle, if you’re found to be even 1% at fault, the court can deny your claim. The insurance company won’t pay a dime and your lawsuit will be dismissed. This is why you want an experienced motorcycle injury lawyer by your side.

It’s not really impossible to prove that someone is 100% at fault. Even if a car crashes directly into a motorcycle rider, the defendant can still claim you were partially at fault. Or, they’ll claim your brake lights weren’t working.

It really will come down to who the jury believes. If they think you were totally innocent, you’ll win. If not, they may find for the plaintiff.

Your Charlotte motorcycle injury lawyer will do their best to negotiate a settlement. This way, you don’t have to worry about what the jury will do. It’s sometimes better to take a settlement than risk losing in court.

Contact an Experienced Motorcycle Accident in Charlotte, North Carolina

If you’ve been injured in a motorcycle accident, you need to contact an experienced motorcycle accident lawyer in Charlotte, North Carolina at Ted A Greve & Associates. They have the experience it takes to get you the money you deserve.

If the insurance company denies your claim, you won’t have any choice but to file a lawsuit. Your attorney can handle this for you. They’ll pursue the responsible parties and try to prove fault. They’ll also work hard to prove your damages.

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.