Fault in a North Carolina motorcycle accident injury claim will be determined after a thorough investigation of the evidence available, which will be used to assess issues such as driver vs. rider error, road conditions, and possible traffic violations. Since North Carolina is an at-fault state, the party responsible for causing the motorcycle accident will have to pay for damages.
Understanding Liability for a North Carolina Motorcycle Accident
In North Carolina, an injured motorcycle crash victim in Wilmington has the right to file a claim with the insurance provider of the at-fault party. This party is often a negligent motor vehicle driver who broke a traffic law or failed to yield the right-of-way to a motorcyclist. However, it could also be a motorcycle manufacturer, government agency, business or a third party.
Determining liability requires a comprehensive crash investigation. Investigators will revisit the scene, analyze property damage, interview eyewitnesses, gather available photographs and videos, and try to reconstruct the motorcycle accident to determine who is at fault.
In general, liability will go to the person or party who was violating a traffic law at the time of the motorcycle crash. If a driver was speeding, ran a red light or made an unsafe left-hand turn, for example, this is evidence of negligence that can be used to hold the driver liable for the motorcyclist’s injuries.
North Carolina’s Pure Contributory Negligence Law
North Carolina is unique in that it does not allow for any financial damages to be awarded to a victim who is found to share even 1 percent of fault for an accident. The pure contributory negligence law can bar an injured motorcyclist from receiving compensation at all if an investigation assigns even the smallest percentage of fault to the rider. This all-or-nothing rule makes it even more important for injured motorcyclists in North Carolina to use personal injury lawyers to protect their rights.
Evidence Used to Determine Fault for a Motorcycle Accident
Evidence is required to prove a North Carolina motorcycle accident claim. The evidence must show that the defendant or accused party more likely than not caused the motorcycle crash.
Evidence often used to determine fault includes:
- A police accident report
- Witness statements
- Physical evidence from the scene
- Photographs
- Video footage
- Accident reconstruction by experts
- Eyewitness statements
- A driver’s cell phone records
- Medical records
If you get hurt in a North Carolina motorcycle accident and need to file a claim, contacting an attorney early on can ensure that key types of evidence are preserved and collected before they disappear.
How to Prove Fault in Your Motorcycle Accident Claim
Motor vehicle drivers are behind many motorcycle accidents in North Carolina. Acts of negligence such as speeding, making unsafe lane changes, drunk driving, drowsy driving, failing to yield the right-of-way and distracted driving are all grounds to file a personal injury claim against the driver.
However, without proof of fault, a motor vehicle driver’s insurance carrier may deny your claim or try to eliminate your payout by blaming you for the crash. You or your personal injury lawyer will need to establish the driver’s fault as more likely to be true than not true using compelling evidence.
What to Do After a Motorcycle Crash in North Carolina
The steps that you take after a motorcycle crash can decide the strength of your injury claim. Build your case by reporting the accident to the police, exchanging information with the other driver, taking pictures at the scene and getting immediate medical care. Then, before dealing with an insurance company, contact Wilmington motorcycle accident lawyer at Shipman Wright & Moore, LLP to learn your legal rights and options for making a financial recovery.