Getting in a motorcycle accident can be a traumatic and overwhelming experience, even for those who are lucky enough to walk away with only minor injuries. Knowing what to do after a motorcycle accident in North Carolina is crucial for protecting both your health and your rights under the law.
While we may feel like a serious motorcycle accident will never happen to us, great riding skills and proper safety equipment are not always enough to keep you safe from injury. In fact, statewide data shows that there are nearly 4,000 motorcycle accidents in the State of North Carolina every single year, with over 3,000 of them resulting in injuries.
Immediate Steps to Take After an NC Motorcycle Accident
- Get Medical Help – Before anything else, check yourself for injuries and seek medical help if necessary. Even if injuries appear minor at first, it is worth seeing a doctor as soon as possible to ensure there is no unseen internal damage and to get an official record of seeking medical treatment (which could become important evidence in an ensuing personal injury case).
If anyone else has been involved in the accident and is unable to see to their own first aid, call an ambulance for them. Do not attempt to move any unresponsive person who may have a neck, spine, or head injury, as you could make their condition worse.
- Report the Accident to Authorities – Note that this step isn’t optional. Motorists in North Carolina are legally required to report accidents. Having a police report may also be required for insurance or evidentiary purposes.
- Move to a Safe Location – If you are able to move under your own power, make sure you are off the road and in a safe location while you wait for police and EMS to arrive on the scene. You will want to avoid moving your motorcycle or other debris, however, unless it is posing an immediate safety risk. If you do need to move anything other than yourself at the accident scene, get photos of its original location first.
- Gather Preliminary Evidence – Immediately following an accident is also the time to start gathering key evidence by taking ample photos of the crash site, including key landmarks, traffic signs, and all of the vehicles involved. Get crash scene photos from multiple angles if possible. You will also want to exchange contact and insurance information with any other involved parties but avoid discussing the details of the accident–particularly who was at fault.
- Contact Your Attorney – Even if you’re not sure whether you have a legally actionable personal injury claim, a consultation with a reputable motorcycle accident injury lawyer will help you get a better understanding of your chances for a successful claim and what it might be worth.
- Begin the Insurance Claim Process – You can then get the insurance claim process started, usually through your insurance carrier’s app or website or by calling your insurance agent. If you are planning on seeking significant compensation for injuries and other damages, however, it may be advisable not to contact your insurance directly and instead let your attorney handle all such interactions until the claim has been resolved.
Insurance adjusters may try to pressure you into settling quickly and for less money than your claim is actually worth. This fact underscores the importance of step 5 above, getting connected with a good North Carolina motorcycle accident lawyer.
The above represents the immediate steps one should take after being involved in a motorcycle accident on a North Carolina roadway, but there are additional steps you will need to take in the coming days and weeks as part of the process of seeking compensation for your injuries. A reputable motorcycle accident injury law firm like The Law Office of William T. Corbett, Jr., P.L.L.C. can help keep things on track and offer you peace of mind.
A couple of important things to remember about the motor vehicle insurance system in North Carolina as you begin the next phase of this process include:
- North Carolina follows an “at fault” principle for motor vehicle accidents, meaning that the driver who is found to be responsible for the accident will also be held financially responsible for the associated damages (including injuries and medical treatments for other parties).
- North Carolina follows “contributory negligence” laws. If you are found to be partially at fault for your own accident–even just 1% at fault–it can undermine your ability to seek damages for your injuries. A good lawyer can help you use evidence and testimony in a compelling manner to establish that the accident was fully someone else’s fault.
FAQs
How Much Are Most Motorcycle Accident Settlements?
Most motorcycle accident settlements are calculated based on the actual damages incurred. This includes medical treatments, lost income due to injury, property damage, and other compensable factors in some cases. A consultation with an attorney is a good way to get direct feedback about the potential value of your own claim.
What Not to Do After a Motorcycle Accident?
There are several things you will want to not do after a motorcycle accident. Do not attempt to move anyone who may have a spine injury; do not tamper with evidence; do not get into an argument or altercation with other parties; do not admit to any fault for the accident; and do not forget to call The Law Office of William T. Corbett, Jr., P.L.L.C. for swift and effective legal assistance.
Is North Carolina a No-Fault State for Auto Accidents?
No, North Carolina is not a no-fault state for auto accidents. North Carolina follows an “at-fault” principle, which means it must be determined which party, or parties, were responsible for an accident before insurance claims can be processed and paid out. Motorists with injuries and other damages can then file a claim against the insurance policy of the person deemed legally responsible for the crash.
North Carolina Motorcycle Accident? Contact Us Today
If you’ve been injured in a motorcycle accident in North Carolina, don’t let insurance companies pressure you into taking a smaller settlement than you deserve. The Law Office of William T. Corbett, Jr., P.L.L.C. is prepared to help you fight for every penny, whether the battle takes us to the negotiation table or the courtroom. Contact us today for a consultation to begin the process of securing your future and protecting your rights under the law.