Motorcycle accidents are a type of vehicle collision that often results in catastrophic injuries or death. A particularly dangerous situation for motorcyclists arises when they are near an intersection, partly due to the exposed nature of the motorcycle and the instability of traveling on two wheels. Careless drivers who strike a motorcyclist in an intersection collision should be held fully responsible for any resulting injuries to the rider. At Nagle & Associates, Raleigh motorcycle accident attorney and motorcycle enthusiast Carl Nagle understands how to pursue maximum compensation for all types of injuries, including the costs of future treatment. His legal practice focuses solely on serious motor vehicle collisions.
Before founding Nagle & Associates, Mr. Nagle worked as an insurance adjuster and insurance defense attorney, and our firm benefits from his insider understanding of insurance defense tactics. Carl was employed by the largest underwriter of motorcycle insurance policies in the country, and he remains personally involved in every motorcycle accident case for the firm’s clients. Our motorcycle accident law practice has represented injured riders throughout the state, including in Wilmington, Asheville, and Winston-Salem. Our injury law practice is statewide, we charge no fees unless and until we collect money for you, and we can even meet with you at your home or workplace if this helps to get the case started and our firm involved on your behalf.Pursuing Compensation Following an Intersection Collision
Victims of intersection collisions have a legal right to pursue damages from all responsible parties. If more than one driver is at fault, claims can be presented against all responsible drivers and their respective insurance policies. Also, if a driver was in a borrowed vehicle, we can often locate two or more insurance policies that have to contribute to paying victims’ claims. Also, if an at-fault driver was employed at the time of the accident, we prove agency and employment, which allows us to access and collect from the employer’s business liability policy.
To collect from another driver, the injured motorcycle rider must prove negligence on the part of all other parties/drivers who contributed to causing the motorcycle accident. Negligence is a legal term referring to a failure to exercise reasonable care. Police reports and accident reconstruction experts may be helpful in determining whether a driver was negligent. In many motorcycle accident cases, a driver may have been distracted, drunk, fatigued, or otherwise acting recklessly. For example, if a driver in an intersection collision was texting on his cell phone and turned left into an oncoming motorcyclist, this conduct would be deemed negligent.
Injured motorcyclists may face a challenge in a personal injury lawsuit if the other driver blames them for the accident. Despite riding safely and defensively, injured motorcyclists may face allegations that they contributed to the collision and their injuries. Under North Carolina law, a plaintiff will be barred from recovering compensation if they are deemed to be even slightly (just 1%) at fault for contributing to causing the motorcycle accident.
The concept of contributory negligence is that someone who contributed to an accident should not be able to collect damages for the resulting harm. Pure contributory negligence under North Carolina law is a legal defense that an insurance company or defendant may raise in order to persuade the plaintiff to settle for a lower amount, or to completely avoid liability if the case goes to trial. An example might be a motorcyclist who entered an intersection driving five miles above the posted speed limit and who was therefore deemed by the judge or jury to have contributed to the ensuing collision. Even if the defendant driver negligently turned into the intersection and was held to be 95% responsible for the accident, the injured plaintiff probably could not recover any money damages because of the pure contributory negligence doctrine. As a result, it is vital to enlist an injury attorney as soon as possible so that you can start gathering evidence and building a case to show that the other driver was completely responsible for your accident and legally liable for all injuries and money damages.Discuss Your Motorcycle Accident Case with a Raleigh Attorney
At Nagle & Associates, we are here to help your family and you following an intersection collision. We understand the impact of a serious accident because our law firm only handles these types of cases. Raleigh motorcycle accident lawyer Carl Nagle can help you assert your right to all of the compensation that you deserve, ranging from medical expenses, lost income, lost earning capacity, and the costs of future treatment to tax-free cash payment for all pain and suffering associated with your injuries. Our statewide vehicle injury law firm has seven offices, and we offer home-visits for clients who cannot easily visit with us in the closest office. We have successfully handled motorcycle accident cases for victims throughout North Carolina, including residents of Asheville, Winston-Salem, Wilmington, Hickory, Greensboro, and other communities throughout Wake, Guilford, Mecklenburg, Forsyth, Catawba, Durham, and New Hanover Counties. If you or a loved one has suffered injuries in a motorcycle accident, please invest a few minutes and call for a free legal consultation by telephone with Mr. Nagle. We offer immediate legal guidance and answers even if you prefer to handle your case without the aid of a personal injury lawyer. Call us at 800-411-1583 or contact us online to set up a free consultation with a Raleigh motorcycle accident attorney.