Motorcycle accidents are common in North Carolina, and they often result in serious injuries to bikers. As opposed to accidents involving two automobiles, crashes involving a motorcycle and other passenger vehicle create a mismatch in terms of the size and power of both vehicles. The size and power discrepancy between motorcycles and other types of passenger vehicles, combined with the relative lack of protection for bikers, typically leaves bikers involved in accidents in critical condition. Fortunately, if you’ve suffered injuries in a motorcycle accident in North Carolina, you may be entitled to compensation. Please contact our experienced motorcycle accident attorney for assistance with your North Carolina motorcycle accident claim.
Types of Motorcycle Accident Injuries
As noted above, motorcycle riders are more likely to suffer serious injuries than other types of motorists. This is because motorcycles are smaller and lighter than other vehicles, and bikers don’t benefit from the protection afforded to drivers in other types of vehicles. Common types of motorcycle accident injuries in North Carolina include:
- Fractures and breaks
- Traumatic brain injuries
- Concussions
- Spinal cord injuries
- Torn tendons and ligaments
- Severe lacerations
In addition, bikers sometimes suffer psychologically after an accident, experiencing PTSD, anxiety, depression, and other mental ailments.
Common Causes of Motorcycle Accidents
Common causes of motorcycle accidents include:
Drowsy driving: Contrary to popular belief, drowsy driving can be just as dangerous as driving under the influence of drugs or alcohol. Drowsy drivers have slowed reaction times, making them a danger to bikers on the road.
Driving under the influence: Like drowsy driving, driving under the influence significantly affects a driver’s ability to react appropriately while driving, and this can result in collisions with bikers.
Tailgating: Motorcycles can stop much more quickly than other types of vehicles. This makes it particularly dangerous for drivers to tailgate motorcyclists.
Left turns: Another common type of accident occurs when a driver turns left in front of a passing or approaching motorcycle, causing a crash.
Head-on collisions: A head-on collision occurs when a driver veers into the oncoming path of a motorcycle.
Lane changes: Motorcycles can be difficult to see, and many drivers fail to exercise caution when changing lanes. This can cause a vehicle changing lanes to sideswipe a motorcycle in the other lane.
Distracted driving: Since the advent of smartphones, GPS devices, and other electronic gadgets, distracted driving has become more prevalent than ever. And, unfortunately, this has resulted in an increase in motorcycle accidents.
Contributory Negligence and Motorcycle Accidents
North Carolina is one of a handful of states that follows what is known as the pure contributory negligence rule. Under the pure contributory negligence system, an injured person can receive no compensation for an accident if he or she contributed to the accident in any way, even if the contribution was minimal in comparison with the other driver.
As you might expect, this can lead to harsh results for injured bikers. For example, an injured motorcycle rider could potentially be found to have contributed to an accident if he or she:
- Operated his or her motorcycle without a helmet
- Rode while under the influence of alcohol or drugs
- Was speeding at the time of the accident
- Changed lanes in an unsafe manner
However, it’s important to understand that not all forms of negligence automatically bar recovery. For instance, North Carolina General Statute § 20-140.4(b) specifies that failing to wear a helmet is not considered negligence per se or contributory negligence per se.
Additionally, under the insulating negligence doctrine, even if a motorcyclist is speeding, they may still recover damages if the other driver’s subsequent negligent act is the cause of the accident (as seen in cases like Aldridge v. Hasty, 240 N.C. 353 (1954) and Butner v. Spease, 217 N.C. 82 (1940)).The North Carolina Supreme Court has consistently applied this principle in other cases as well. In Loving v. Whitton , 241 N.C. 273, 84 S.E.2d 919 (1954)., the court ruled that the negligence of a driver who failed to yield the right of way at an intersection was the sole proximate cause, insulating the excessive speed of the vehicle on the dominant highway. Likewise, in Capps v. Smith, 263 N.C. 120, 139 S.E.2d 19 (1964)., the court held that the excessive speed of a car on a dominant highway was not the proximate cause of a collision when an oncoming truck crossed in front of the car.
As one might expect, contributory negligence is a common defense to motorcycle accident claims. In fact, defendants and insurance companies will often raise contributory negligence as a defense even if the biker did nothing wrong. Therefore, as a motorcycle accident victim in North Carolina, it is particularly important to enlist the services of an experienced motorcycle accident attorney following a crash.
Contact a Charlotte Motorcycle Accident Attorney
If you’ve been injured in a motorcycle accident in North Carolina, you need an experienced Charlotte motorcycle accident attorney in your corner. At Bradford Law, we have the experience and knowledge necessary to guide you through the legal process. When you come to us for assistance with your motorcycle accident case, experienced motorcycle accident attorney Jeremy Bradford will diligently pursue financial compensation on your behalf. Please contact us as soon as possible to schedule a consultation an experienced Charlotte motorcycle accident attorney.
