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What to Do After Being Involved in a Motorcycle Collision


Even at similar speeds, motorcycle collisions tend to cause far more severe injuries than most automobile accidents. These injuries can include spinal cord injuries, traumatic brain injuries and permanent scarring. These severe injuries not only cause very real economic hardships, they also can result in weeks, months, or years of physical pain and mental suffering.

The at-fault driver’s insurance company should fairly compensate you for these harms, but the reality is that these insurance companies are incentivized to offer you as little as possible in motorcycle crash cases. In most motorcycle crash cases; the insurance company will try and blame the person that is on the motorcycle for the crash.

North Carolina negligence laws do follow the doctrine of contributory negligence, which bars recovery by the plaintiff if they’re just partially at fault. However, North Carolina also has the “last clear chance” doctrine which allows the victim to recover if he or she can prove that the other party had the last clear chance to avoid the accident. If the “last clear chance” doctrine can be proven, then contributory negligence does not apply.

The Raleigh motorcycle accident attorneys of Maginnis Law can assist you through the tough process of making an injury claim and if necessary, filing a lawsuit and litigating your case. The process begins by evaluating the nature of your monetary and non-monetary damages. The reasonable value of any motorcycle accident claim is based upon what a North Carolina jury would likely award you if the claim could not be settled with insurance company.

In North Carolina, a personal injury claim analysis begins by looking at your “special damages.” These include medical, pharmaceutical, and rehabilitation charges. Depending upon whether you were hospitalized and/or received surgical treatment, your bills could be in the tens of thousands of dollars or more. Importantly, you are not limited to recovering your personal out-of-pocket expenditures. For accidents after October 1, 2011, you are entitled to receive as damages all amounts actually paid to satisfy a bill, even if paid by your own insurance company, Medicaid, Medicare or some other source. Notably, you may need to pay those amounts back to the original payor.

If you have sustained serious injuries in a North Carolina motorcycle accident, you may be entitled to recover personal injury compensation for your past and future: medical costs, lost wages, physical, mental, and emotional pain and suffering, temporary and/or permanent disability and punitive damages if the defendant’s conduct is gross or willful and wanton (such as where he or she was intoxicated while driving).

Maginnis Law’s lead motorcycle collision attorney, T. Shawn Howard is experienced in handling motorcycle collision cases. He is a million dollar and multi-million-dollar advocate, meaning that he has obtain settlements for his client in excess of $1,000,000 and $2,000,000. He has also been designated a Super Lawyers Rising Star every year since 2016.

If you would like to schedule a free consultation with Shawn, call Maginnis Law at 919.526.0450 or call Shawn personally at 919.480.8526. We also represent clients on a contingency fee basis so that you pay no attorneys’ fees unless we recover monetary compensation on your behalf.  We will travel to meet with you.  Call our firm or visit our contact page to send a confidential email with the facts of your case.

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