IS THE MOTORCYCLIST AT FAULT FOR THE ACCIDENT? - HMB

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IS THE MOTORCYCLIST AT FAULT FOR THE ACCIDENT?

October 27, 2021

If a motorcyclist has done something negligent to contribute to an accident, they can be found at fault.

It is common for drivers of other vehicles to blame motorcyclists for driving recklessly and causing accidents, but they are not always at fault. There are many times another party is at fault and can be held responsible for any damages and injuries suffered by the motorcyclist.

Motorcycles offer very little protection, which means that a motorcycle crash brings an increased chance of serious injury, such as a traumatic brain injury or even death. This can change people’s lives forever with medical bills piling up for ongoing care and treatment at a time when the motorcyclist may not be able to work.

If you or a loved one has been injured in a motorcycle accident in eastern North Carolina, and it was not your fault, a motorcycle accident attorney at Hardee, Massey & Blodgett can help you receive the compensation you may deserve for your losses through insurance or a personal injury lawsuit. While no amount of money will be able to make up for the pain and suffering that comes with a catastrophic injury, a personal injury settlement may be able to help by easing financial burdens and paying for the care and rehabilitation you or your loved one may need.

The personal injury laws in North Carolina are complicated. State negligence laws make it fundamental to prove that the other party was at fault. When you are trying to recover during this difficult time, the attorneys at Hardee, Massey & Blodgett can take the burden off you and your family by handling the insurance companies, legal hurdles and requirements that will be involved in getting you compensation you may deserve so you can focus on getting well and moving on with your life.

Other parties will try to prove that you or your loved one was at fault.

The job of our motorcycle accident attorneys is to help prove you were not at fault and to find the parties that were and hold them accountable. This is especially true in the state of North Carolina, because we are one of four states that use the doctrine of pure contributory negligence (NC Gen. Stat. §1-139).  This means that if you or your loved one was even 1% at fault, the insurance company may not be legally obligated to compensate you for any of your injuries. For this reason alone, you should not say anything, specifically the insurance company, to anyone indicating that you may have been at fault as this could be held against you.

If you’ve or a loved one has been injured in a motorcycle accident in eastern North Carolina, make sure you do the following:

Contact a personal injury attorney immediately. An experienced injury lawyer will guide you through the legal process and ensure you receive the medical treatment you need.

Seek medical attention and report any symptoms. Documenting your  injuries to show how you are feeling after the incident is imperative for your case.

DO NOT talk to the insurance company. Never talk to an insurance company without contacting an attorney first!

Keep a medical journal and follow up with treatment. Follow your doctor’s orders and keep a report of  your symptoms.

 

Let the team of attorneys at Hardee, Massey & Blodgett fight for the compensation you deserve. With our proven record of handling cases such as these you can count on honest and hardworking representation. Call us today, there are no fees until we win your case.