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Motorcycle Accidents: Who is At Fault?

Motorcycle Accidents, Third-Party Fault, and Legal Complexities Who is at fault in motorcycle accidents

The Outer Banks, a popular vacation spot and home to many, sees a fair share of motorcycle accidents each year.

These accidents, often caused by other motorists’ negligence and careless driving, can cause significant injuries and even fatalities, greatly impacting the victims’ lives and their families.

Danny Glover is an experienced OBX motorcycle accident attorney.  He has seen first hand the aftermath of these tragic incidents and stands ready to help victims navigate the complex legal landscape that lies ahead.

Motorcycle accident claims are just different. Determing the cause of a wreck, which is often the other motorist, is job one  – Danny Glover, Attorney at Law 

Unsafe Lane Changes: A Peril for Motorcyclists

A common cause of motorcycle accidents is unsafe lane changes by other drivers.

Not checking blind spots or neglecting to use signals can lead to collisions with motorcycles.

Despite being seemingly simple rules of the road, these oversights can have devastating consequences.

Tailgating: A Menace to Motorcyclists

Tailgating is another danger that motorcyclists face on a regular basis.

A larger vehicle following a motorcycle too closely leaves little room for the motorist to stop or maneuver if the motorcyclist brakes suddenly, which can cause rear-end collisions.

Left-Turn Accidents

Left-turn accidents are prevalent in motorcycle collisions.

All too often other motorists fail to see oncoming motorcycles or misjudge their speed when making left turns, leading to serious accidents – Danny Glover, OBX Motorcycle Accident Lawyer 

This disregard for oncoming traffic is a major hazard for motorcyclists.

Distracted Driving: An Unseen Threat Distracted Driving Accidents

Distracted driving, a hazard that endangers all road users, is a significant threat to motorcyclists due to their vulnerability on the road.

Activities such as texting, adjusting the radio, or eating, draw drivers’ attention away from the road, leading to severe accidents.

Drunk Driving : A Real and Present Danger

The dangers of drunk driving are well-known, but they remain a major problem for motorcyclists.

Drivers impaired by alcohol or drugs have slower reaction times, poor judgment, and difficulty focusing on the road, leading to tragic accidents.

The Social Stigma and Biases Against Motorcyclists

One of the challenges plaintiffs’ attorneys face in motorcycle accident cases is overcoming biases against motorcyclists.

Are motorcycle accidents different?

There is often a perception that motorcyclists are “risk-takers” or “reckless,” which can impact a case, especially in front of a jury.

It’s part of Danny Glover’s job to counteract these biases, emphasizing that motorcyclists have the same rights as other road users and that they shouldn’t be blamed for others’ negligence.

The Unique Nature of Motorcycle Accident Injuries

Motorcycle accident injuries are typically more severe than those sustained in car accidents, due to the lack of protection that a motorcycle provides.

FAQs about OBX Motorcycle Accidents

Injuries can range from road rash and broken bones to traumatic brain injuries and spinal cord injuries. The aftermath of motorcycle wrecks often involve higher medical bills, prolonged recovery periods, and greater pain and suffering, increasing the value of potential damages in a personal injury claim.

Long-Term Consequences and Rehabilitation Challenges

Motorcycle accident victims often face a long road to recovery.

The severity of injuries can require multiple surgeries, extensive physical therapy, and long-term medical care.

This not only affects their physical well-being but also takes a toll on their mental health and financial stability.

Having an attorney on your side to represent your best interests is important. Lawyers focused on obtaining a full and fair recovery, which means we want you to receive the compensation you deserve to cover these extensive costs.

The Challenge of Insurance Claims in Motorcycle Accidents

Motorcycle accident claims are unique and often more complex than car accident claims.

Given the severe nature of motorcycle accident injuries, medical costs can quickly exceed the at-fault driver’s insurance policy limits.

Furthermore, insurance companies often try to pin some blame on the motorcyclist, leveraging biases against motorcyclists to reduce their payout.

An experienced attorney like Danny Glover can challenge these tactics and fight for a fair settlement.

Wrongful Death Claims Following a Motorcycle Accident

In the unfortunate event that a motorcycle accident leads to a fatality, the deceased’s family may have the right to file a wrongful death claim.

What is involved in a Wrongful Death claim?

These claims can help cover funeral expenses, loss of companionship, loss of future income, and other damages.

However, wrongful death claims have their own set of complexities and deserve the attention of a seasoned attorney. The Statute of Limitations in North Carolina for wrongful death claims is two years from the date of death, so it’s important to act quickly.

The Glover Law Firm is committed to helping victims and their families secure justice after a motorcycle accident.

The Role of Contributory Negligence in North Carolina Contributory Negligence in North Carolina

North Carolina operates under the “contributory negligence” rule, which can be a hurdle in motorcycle accident cases.

Under this rule, if you’re found to be even slightly at fault (even as little as 1% at fault) for the accident, you may be precluded (prevented) from recovering damages. The defendant alleging contributory negligence bears the burden of proof.

This stringent rule makes it even more essential to have an experienced attorney represent your interests.

The Role of an Attorney in Your Motorcycle Accident Case

Motorcycle accidents can result in complex legal cases due to the biases against motorcyclists, the severity of injuries, insurance challenges, and North Carolina’s contributory negligence rule.

As a seasoned motorcycle accident attorney, Danny Glover understands these challenges and would love to help.

Navigating the aftermath of a motorcycle accident can be overwhelming.

An experienced attorney can manage the various aspects of your claim. We want you to receive the compensation you’re entitled to.

When should you hire a lawyer?

We think it’s best to consult a lawyer as soon as possible following a motorcycle accident. Early legal guidance can help you avoid mistakes that could potentially jeopardize your claim.

Hiring a Lawyer: What You Need to Know

You should consider hiring a lawyer before initiating a claim with the at-fault party’s insurance company. An attorney can handle all communications with the insurance company, helping to ensure that you’re treated fairly.

In North Carolina, you have three years from the date of the accident to file a personal injury claim.

However, it’s best to initiate your claim as soon as possible, while the evidence is still fresh.

Remember, North Carolina operates under a “contributory negligence” rule, meaning if you’re found even slightly at fault for the accident, you may be barred from recovering damages.

This makes the role of a competent attorney even more critical in your claim process.

Helpful Information about OBX Motorcycle Accident Claims

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