How motorcycle crashes often happen
Many motorcycle crashes involve a driver who did not see the rider or misjudged the rider’s speed. Common patterns include:
- A car turning left in front of an oncoming motorcycle
- A driver changing lanes into a rider in a blind spot
- A driver pulling out from a side street or driveway
- A car door opened into a rider’s path
- Rear-end crashes at lights and in traffic
- Road hazards such as gravel, potholes, or debris
Contributory negligence and bias against riders
North Carolina is one of only a few states that still follows contributory negligence. If a rider is found even slightly at fault, the rider generally cannot recover money from the other driver, even if that driver was mostly to blame.
Riders can face unfair assumptions that they were speeding or weaving. An insurance adjuster may build a case around those assumptions. That is why we don’t accept the police report as fact. We look at the physical evidence, the damage to the bike and the other vehicle, the scene, and the witnesses.
There are limited exceptions to the rule. Whether one applies depends on the facts.
Helmets and gear
North Carolina requires motorcycle riders and passengers to wear a helmet that meets safety standards. Insurance companies may ask about helmet use and gear after a crash. How those facts affect a claim depends on the injuries and the law that applies to them.
Keep your helmet, jacket, gloves, boots, and other gear exactly as they are after the crash. Do not repair or throw them away. Damage to gear can show how the crash happened and where the force landed.
Evidence to save
- Photos of the scene, the motorcycle, the other vehicle, and your injuries
- Names and phone numbers of witnesses
- The crash report number
- Your damaged gear and any camera footage from a helmet or bike camera
- Video from nearby businesses, which may be recorded over quickly
- Medical records and bills from the first visit forward
Write down what you remember as soon as you can: your speed, your lane position, what the other driver did, and what was said afterward. Small details, like the position of the sun or a parked truck that blocked the view, can matter later.
Police body and dash camera recordings can also help. Under G.S. 132-1.4A, these recordings are not public records. A person in the recording, or that person’s North Carolina lawyer with consent, may ask in writing to view it. A copy generally requires a superior court order.
Insurance and what a claim can include
The at-fault driver’s liability insurance is usually the first source of payment. Your own policy may include uninsured or underinsured motorist coverage, which can matter when injuries are serious and the other driver’s coverage is small. Check your motorcycle policy and any auto policies in your household.
A claim may seek money for medical care, lost pay, pain and suffering, scarring or permanent injury, and damage to your motorcycle and gear. What a claim may be worth depends on the evidence and the coverage available. We will not guess before we see the records.
Dealing with the insurance company
After a motorcycle crash, the other driver’s insurer may call you quickly. The adjuster may sound friendly and ask for a recorded statement, a medical records release, or a quick settlement. You do not have to give the other side’s insurer a recorded statement before you get advice.
Be careful with early offers. Motorcycle injuries such as fractures, road rash, and head injuries can take months to heal, and the full cost of care may not be clear for some time. Once you settle, you generally cannot reopen the claim. Keep a simple journal of your pain, your appointments, and the things you can no longer do.
Fees and next steps
We explain our fee in writing before you hire us. We investigate rather than process, we tell clients the hard truth, and we prepare every case as though it is going to trial.
Get medical care first. Then call (336) 281-2008 or request a consultation online. Hablamos español.
This page is general information about North Carolina law, not legal advice. Every case is different, and no lawyer can promise a result.
Questions people ask us
Can I recover if the insurer says I was speeding?
Under contributory negligence, being found even slightly at fault can bar recovery. That makes the evidence on speed and fault very important. Physical evidence, video, and witnesses may answer the insurer's claim, and limited exceptions to the rule may apply.
Does North Carolina require motorcycle helmets?
Yes. North Carolina requires riders and passengers to wear a helmet that meets safety standards. Insurers may raise helmet use after a crash, and how it affects a claim depends on the facts.
Should I fix my motorcycle right away?
Take detailed photos and talk with a lawyer before repairs or salvage if you can. The bike and your gear can be evidence of how the crash happened. Your insurer may also need to inspect the bike.
What if the driver who hit me had little insurance?
Your own underinsured motorist coverage may help. It may be on your motorcycle policy or another policy in your household. Bring your policies to your consultation.