Motorcycle accidents can be the most difficult claims when cases are being defended by the respondent insurance company, especially in North Carolina. Insurance companies in the state will take full advantage of the state contributory negligence law in denying claims at first in order to force the claimant to retain an attorney and take the case to court. Defending insurance providers typically begin with the false stereotype of motorcyclists being reckless motorists who skirt the law as much as possible while on the road. When this false idea is coupled with the fact that even 1% of personal fault can result in a claim being denied in court, the insurance company has ample incentive to be difficult in negotiating a claim from the very beginning. This is why it is vital to have an experienced and aggressive motorcycle accident claims lawyer representing the case from early on in the negotiation. And, that is not the only reason.
Proving Fault
All injured claimants in a personal injury case have the burden of proof in pursuing financial compensation for their injuries and related expenses. And in North Carolina, the respondent negligent driver or multiple drivers must be totally at fault. This is not always an easy task, and it commonly requires representation from an attorney who has handled many motorcycle accidents in the past to establish total fault and, more importantly, zero fault for the injured client. This happens in every accident case, but especially in motorcycle accident cases due to the false perception that motorcyclists do not always follow the rules of the road.
Inaccurate Official Accident Report
All auto accidents will generate an investigation by the jurisdictional law enforcement department. These investigations are supposedly conducted by a reconstruction specialist who will make an official determination regarding what happened. The problem is that the insurance companies will attempt to influence information included in the report, and many times the officer will not have significant time to invest in the process. An experienced motorcycle accident claims lawyer can perform a thorough investigation into what actually transpired and provide additional information that can exonerate the injured motorcyclist from any claim defense of personal negligence. [How to obtain a copy of your accident report from the authorities]
Court Presentation
Many motorcycle accident claims find their way to the courtroom because North Carolina insurance companies have a distinct advantage due to the contributory negligence fault law. Motions of dismissal will be filed in practically every case, and it takes an aggressive and detail-driven motorcycle accident claims lawyer to defend the injured motorcyclist as well as ensure all of their rights to financial compensation from the negligent respondent. The law is wrought with technicalities, and an attorney knows how to argue against any technical legal defense that insurance companies use to justify a claim denial.
Serious Injuries Require Detailed Medical Evidence
The first element of any motorcycle accident injury claim is coverage of medical bills by the negligent driver. Motorcycle accidents commonly result in very serious injuries if not fatalities. Not only can a motorcycle accident claims lawyer explain the specific types of injuries clients suffer, but they can provide depositions from doctors who can support their claims. This is not only vital to coverage for medical expenses, the prognosis supplied by treating physicians and rehabilitation specialists can support general damage claims for pain and suffering in the future. This is actually the component of a motorcycle accident claim that makes the victim financially whole after the case is settled, and obtaining equitable compensation requires detailed explanation of how the claimant will be affected by the injuries in the future.
Potential Wrongful Death Claim
Motorcycle accidents are synonymous with fatalities because riders have little to no protection other than wearing leather protective clothing and a helmet. Even the failure to wear a helmet can be used to defend a claim denial, and especially a wrongful death claim. Riders who survive a serious accident are rare. The potential for a wrongful death claim in addition to a personal injury claim is high with motorcycle accidents because many injured riders who do not die at the scene will die later, and any evidence regarding gross negligence such as an impaired passenger vehicle or truck driver could establish grounds for a wrongful death claim. Additionally, punitive damages could be available in gross negligence cases. These are always strongly defended cases, and it takes professional representation to ensure that financial justice will be delivered.
Contact Our Personal Injury Law Firm
It is vital to always have an experienced motorcycle accident claims lawyer when pursuing financial compensation after a motorcycle crash. Case details are usually intricate and claims are commonly denied by insurance companies. Even a first contact without an attorney can give the insurance company justification to deny a claim. Anyone in North Carolina who has been involved in a motorcycle crash or their families following a fatal crash should contact our office immediately for a full case evaluation. Time is of the essence when compensation is being sought. Let us help you obtain maximum financial compensation for all potential damages, call 1-800-ACCIDENT today, or schedule a free consultation below:
