State Motorcycle Laws
Motorcyclists are in a unique position on the road. Riders enjoy the freedom of being on a motorcycle, but they are subject to significant risk from dangers posed by other motorists. Fellow motorcycle rider Carl Nagle experienced an accident years ago, and he has over 35 years of riding experience. With this practical experience, and because he has handled many motorcycle accident cases as lead counsel, Carl can easily provide you and your family with your best plan of legal action. At Nagle & Associates, Raleigh motorcycle accident lawyer Carl Nagle personally helps victims and their families overcome all problems and financial difficulties following a motorcycle accident. Combining decades of legal experience with a background of being a motorcycle enthusiast allows Mr. Nagle to vigorously advocate for riders. Before developing a legal practice solely dedicated to serious motor vehicle collision cases, Mr. Nagle worked as an insurance adjuster and an insurance defense attorney. He brings this insider understanding of insurance company defense tactics to every case. Our statewide injury law practice has seven offices across North Carolina, and we are also glad to come meet with you in your home if this helps to get your case started. We have helped injured riders and their families in Wilmington, Winston-Salem, and Asheville, among other cities throughout the state.North Carolina Laws Governing Motorcycle Riders
North Carolina’s motorcycle laws are designed to keep riders safe and help prevent accidents. A particularly important law is the requirement that all drivers and passengers wear helmets. The helmets must be approved by the U.S. Department of Transportation, and they must have chinstraps attached. This safety law ensures that in the event of a collision, there is a decreased chance of a fatality or brain trauma.
Due to the smaller size of motorcycles compared with four-wheeled vehicles, they present unique hazards to riders. These issues include less visual recognition and more speed “wobble” accidents in which the front end of the motorcycle becomes unstable and shakes. Driving a motorcycle requires more skill and coordination than operating a car. Abiding by state motorcycle laws is important, but it does not guarantee the safety of the rider.
In the event of a motorcycle collision, injured riders often pursue a negligence claim against the other driver or at-fault party. Negligence is a legal term for failing to use reasonable care.
To show negligence on the part of the other driver, the injured motorcycle rider must prove that the driver owed them a duty of care and breached this duty, and this breach must have led to the crash in which they were hurt. Since all drivers owe the people around them a duty to drive safely, avoiding risky behaviors, evidence that a driver was distracted, tired, or under the influence of alcohol may support a negligence claim. Police reports may be helpful, as well as accident reconstruction experts who can consult and testify about collision speed and other issues related to the crash.
An injured motorcyclist pursuing a negligence claim against a defendant driver may face an allegation that they partially caused the accident. If the plaintiff is deemed at all at fault, they will not be able to recover compensation. This concept of contributory negligence rests on the principle that a plaintiff who contributed to their own injuries should not be able to collect damages.
If a motorcyclist violated a state motorcycle law, for example, the defendant may claim that they should not be able to recover damages in the lawsuit. Defendants often rely on the contributory negligence doctrine to assert that while they may have been at fault, the plaintiff was also to blame and should not be entitled to any compensation. A victim should enlist a skilled motorcycle accident attorney to shield them from allegations of contributory negligence.Contact a Motorcycle Accident Lawyer in Raleigh to Fight for Your Rights
If you or a family member has suffered injuries in a motorcycle accident, a skilled Raleigh motorcycle accident attorney can help you understand your next steps, and to protect AND ENFORCE your legal rights. Nagle & Associates has successfully collected compensation for families all over North Carolina, including people who live in Winston-Salem, Asheville, Wilmington, Hickory, Greensboro, Charlotte, and other communities throughout Guilford, Wake, Mecklenburg, Catawba, Forsyth, New Hanover, and Durham Counties. Since our office only helps victims of serious accidents, we understand the devastating impact of a collision on a victim’s family. We also know how to secure the medical evidence necessary to prove the full impact of your injuries on your future health and on your overall quality-of-life. Pushing this evidence forward along with a strong and immediate threat of litigation and trial is the best way to motivate a generous settlement in every case. Contact our office now for a free telephone consultation to better understand your options. We can be reached by calling (800) 411-1583 or using our online form to set up an appointment with a Raleigh motor vehicle collision attorney.