What Are Your Rights After a Motorcycle Accident in North Carolina?

From the team at Huggins Law Firm, P.C., we want to talk about something that every rider knows. It’s that feeling of freedom. The open road, the engine, the wind. There is nothing else like it.

And every rider also knows the other feeling. The terror. The sound of tires screaming. The flash of a car turning left, right in front of you. And then, the awful, deafening silence right before you hear the words: “I’m so sorry… I just didn’t see him.”

That is the #1 excuse. And it is not an “excuse.” It is an admission of carelessness.

If you are on this page, you or a loved one are in a world of pain. You are hurt. You are angry. And you are probably already getting calls from an insurance adjuster who is not on your side.

We are a law firm that has been protecting families in North Carolina for decades. Our team has deep, broad experience in Personal Injury, Criminal Law, Family Law, Estate Planning, and Bankruptcy.

We are not just “accident lawyers.” We are a full-service firm that understands how one wreck can tear a family apart. A bad injury leads to massive medical bills (a Bankruptcy problem). A fatal crash is a Wrongful Death case that requires opening an Estate. A drunk driver is a Criminal matter.

We have the experience to handle all of it. We are here to be your shield. This page is your simple, clear guide to the fight ahead.

Key Takeaways from This Page

We know you are in pain. If you only read one part, read this:

• The “0% Trap” is Real. North Carolina has a “Contributory Negligence” rule. This means if the insurance company can prove you were even 1% at fault (e.g., going 2 mph over the limit), you get ZERO.
• The “Reckless Rider” Bias is Their #1 Weapon. The insurance company wants the jury to think you were the “reckless” one. Our #1 job is to fight this bias with facts.
• The Driver Who Hit You is (Almost) Always at Fault. The stats are clear: In most motorcycle-car crashes, the car driver is the one who breaks the rules—usually by turning left in front of the rider.
• Your Helmet is Evidence. North Carolina has a helmet law. The insurance company will try to use this against you. A good lawyer knows how to stop this.
• The Clock is Ticking. You have three (3) years from the wreck to file a lawsuit. But if the worst happened, a Wrongful Death claim has a shorter two (2) year deadline.
• Do NOT Talk to the Adjuster. They are not your friend. They are paid to find that “1%” of fault so they can deny your claim. Tell them to call your lawyer.

The “0% Trap”: The Most Dangerous Law for North Carolina Riders

This is the most important thing you need to know about any Personal Injury case in our state. North Carolina is one of only four states with a cruel, old-fashioned rule called “Pure Contributory Negligence.”

In most states, if you are 10% at fault and the other driver is 90% at fault, you can get 90% of your money. That sounds fair.

That is NOT the law here.

In North Carolina: If you are 1% at fault… you get $0. If you are 49% at fault… you get $0.

If you are found to have “contributed” to the crash in any way, you are barred from getting one single penny.

Now, do you see why the insurance adjuster is calling you? Their only job is to pin 1% of the blame on you.

• “Were you going maybe a little over the speed limit?”
• “Were you ‘lane splitting’?” (This is a complex issue in NC).
• “Did you have your brights on? Maybe you ‘blinded’ the driver.”
• “Your helmet wasn’t DOT-approved, so you were ‘negligent’.”

They will twist anything to find that 1%. This is the #1 reason you must have an experienced motorcycle accident lawyer. Our job is to build a wall of evidence (witnesses, police reports, black box data from the car) that proves the other driver was 100% at fault, and you were 0% at fault.

The “Reckless Rider” Myth: Why the Bias is Against You

Let’s be honest. When you tell someone you ride a motorcycle, what do they picture? They often picture a “reckless” person, weaving in and out of traffic, going 100 mph.

The insurance companies love this myth. It is their #1 defense. They will try to paint you as the “bad guy” to the judge or jury.

Our job, as your lawyers, is to destroy this bias with cold, hard facts. The truth is, most riders are safer than the car drivers around them. You have to be. You know that a “fender bender” for a car is a catastrophe for you.

The facts are on your side.

• Fact: The most common cause of a fatal motorcycle crash is a car turning left in front of the rider. The car driver violates the rider’s right-of-way.
• Fact: In two-vehicle crashes, the car driver is found to be “at fault” more often than the motorcyclist. (Source: NHTSA data).

When you are searching for the “best motorcycle accident lawyer near me,” you are not just looking for a lawyer. You are looking for a storyteller. You need a team that can stand up in a courtroom in Greensboro or High Point and tell the true story: You were a victim of a distracted, careless car driver.

The “Little-Known Stat”: Why They “Didn’t See You”

This is the “secret” fact we use to win these cases. The driver may be telling the truth when they say, “I didn’t see him.” But it is not an excuse. It is an admission of a well-known problem called “Looked-But-Failed-to-See” (LBFTS).

• What it is: Traffic safety studies show that a car driver’s brain is “wired” to look for other cars. They are not actively looking for the “smaller profile” of a motorcycle.
• How it works: They look right at you. Their eyes see you. But their brain does not register you.
• (Source: This is a widely studied topic, like in the Hurt Report and by the Motorcycle Safety Foundation).

When a driver says, “I didn’t see him,” our lawyers say, “Thank you for admitting you failed to see what was there to be seen. Thank you for admitting you looked, but failed to see.” This is negligence, plain and simple.

What Are the Most Common Causes of Motorcycle Wrecks? (It’s Usually the Car)

We see the same, tragic stories over and over from our clients in Winston-Salem, Burlington, and across the Triad. These are not “accidents.” They are collisions caused by carelessness.

1. The Deadly Left Turn (The “Classic”) This is the #1 killer. A car is at an intersection, waiting to turn left. They are “looking” for a gap in traffic. They do not see your motorcycle coming. They turn directly into your path. You have zero time to react. This is 100% their fault.
2. Distracted Driving (The “Modern” Killer) This is the driver who is texting, eating, or changing their GPS. They are not looking at the road at all. They drift into your lane on I-40 or I-85, and they don’t even know they’ve hit you until it’s too late.
3. Unsafe Lane Changes (The “Blind Spot” Excuse) A car or truck driver “forgets” to check their blind spot. They just start to move over, right into the space you are in. This is not your fault for “being in their blind spot.” This is their fault for not checking it.
4. Drunk or Drugged Driving (The “Criminal” Wreck) When an impaired driver gets behind the wheel, they are a loaded weapon. Their reaction time is slow, their vision is blurry, and their judgment is gone. When they hit a rider, it is not an “accident.” It is a crime. This is where our firm’s deep Criminal Law experience is a huge asset. We know how to get the police reports, the breathalyzer results, and the driver’s criminal conviction, and use it as a “smoking gun” to win your Personal Injury case.

The North Carolina Helmet Law (And How They Will Use it Against You)

This is a key part of NC law. The law (N.C. General Statute § 20-140.4) is very simple: All riders (and passengers) must wear a safety helmet. This helmet must meet the standards set by the federal government (DOT-approved).

You know this. You follow the law. But this is another trap the insurance company will set.

• Trap 1: The “0% Trap.” They will say, “Your helmet strap wasn’t quite tight enough, so you are 1% at fault.” Or, “Your helmet was a ‘novelty’ helmet, not DOT-approved, so you are 1% at fault.” They will use this to try and pay you ZERO.
• Trap 2: The “Damages” Trap. This is more common. They will say, “We are not paying for your head injury, because you weren’t wearing a legal helmet.” Or, “We are reducing what we will pay for your head injury, because a ‘better’ helmet would have protected you more.”

This is a nasty, complex legal fight. It is not true. But you need an experienced lawyer to fight it. We know how to hire the right bio-medical experts to prove that no helmet in the world could have stopped the injury caused by their 4,000-pound car.

Why a Motorcycle Case is NOT a Car Accident Case

A wreck is a wreck, right? Wrong. A motorcycle crash is completely different.

1. The Injuries are Catastrophic

This is the hard truth. You have no protection. There is no “crumple zone,” no seatbelt, no airbag. There is just you and the pavement.

The injuries we see are life-changing:

• Traumatic Brain Injuries (TBI): Even with a helmet, the force of the impact can cause permanent brain damage.
• Spinal Cord Injuries: This can mean a lifetime of paralysis.
• “Road Rash”: This is not a “scrape.” This is a horrific 3rd-degree burn that destroys skin and muscle, often requiring many painful surgeries and skin grafts.
• Broken Bones & Amputations: The force of the crash can shatter bones or sever limbs.

2. The Bills are Life-Ruining

Because the injuries are so bad, the bills are massive. A TBI or spinal cord injury can mean millions of dollars in lifetime medical care.

This is why the insurance company is fighting so hard. They are not fighting over a $5,000 “whiplash” claim. They are fighting over a **$5,000,000** life-care plan.

We see this all the time. These medical bills can destroy a family’s finances. It is one of the main reasons people are forced to file for Bankruptcy. Our firm understands this. We are not just Personal Injury lawyers. We are a full-service firm that can help you manage the financial storm while we fight the legal battle.

3. The Evidence is Different

• The “black box” (data recorder) is in the car, not your bike. We have to immediately send a legal letter to stop the car owner from destroying that key evidence.
• Your helmet is evidence. We must save it.
• Your leathers, boots, and gloves are evidence.
• The bike is evidence. We have to stop the insurance company from “totaling” it and selling it for scrap before our experts can look at it.

This is a “race for the evidence,” and the other side gets a head start.

What if the Worst Happens? (A Wrongful Death Case)

This is the conversation no one wants to have. A rider is 28 times more likely to die in a crash than someone in a car. (Source: NHTSA).

If your loved one was killed on their bike, your family is not just grieving. You are in a different legal world.

• The Clock is FASTER. You only have TWO (2) years from the date of death to file a Wrongful Death lawsuit. (This is shorter than the 3-year clock for an injury).
• Who Can File? A spouse or child cannot just file the case. It must be filed by the “Personal Representative” of your loved one’s estate.

This is an Estate Planning issue. You must go to the Clerk of Court and open an estate first. This is why our firm’s broad experience is so critical. You do not need two or three law firms. Our Estate lawyers can help you open the estate, and our Personal Injury lawyers can file the lawsuit. We handle all of it for you.

Why You Need a Local NC Lawyer Who Understands the Road

You are seeing the TV ads. You are getting letters. You are searching for the “best motorcycle lawyer near me.”

A lawyer from another state does not understand our roads.

• They don’t know the dangerous “left-turn” intersections in Greensboro or High Point.
• They don’t drive on I-85 in Burlington or I-40 in Winston-Salem.
• They have not stood in front of the local judges in Asheboro or Graham.

A local lawyer does. Our firm is part of this community. We are not a 1-800 number. We are the same firm your neighbors trust with their Family Law case, their Will, or their Criminal case.

We are here. We know the local system. We know the local defense lawyers. We are ready to fight for you.

We Are Here to Be Your Voice

The insurance company wants you to be just another “reckless rider” statistic. Our job is to make them see the truth. You are a person. A father. A mother. A spouse. And you were wronged.

Our job is to be your voice. Our job is to be your shield.

• We will handle all the calls from the adjusters.
• We will send the letters to save the evidence.
• We will hire the experts to fight the “bias.”
• We will fight the “0% trap.”

Your only job is to get better.

It costs you nothing to talk to us. All our Personal Injury cases are on a “contingency fee.” We only get paid if we win your case.

Call us. Let our team fight for you.