The harsh truth is that while people are sometimes able to miraculously walk away from even the nastiest of automobile collisions without serious injuries, this is not typically the case with motorcycle wrecks. A human body violently shaking around inside a car partially retrained by a seat belt is much different than an unprotected human body slamming against pavement at high speeds. More often than not, riders involved motorcycle accidents will need to be taken to the ER by ambulance and may also need to be hospitalized. Due to the severity of injuries, motorcycle accident litigation tends to be “high stakes.” That is, the damages, including medical bills and lost wages, can be tens, if not hundreds of thousands of dollars. In these situations, you need a law firm that will diligently protect his or her interests against the at-fault driver’s automobile insurance company.
Establishing a Case
There are three critical questions in any North Carolina personal injury case:
(1) was the defendant at fault;
(2) was the plaintiff contributorily negligent; and
(3) what is the amount of the plaintiff’s damages.
If a claim cannot be settled, a jury gets to answer these questions. The second question is one that many injured North Carolinians are surprised by. In our state, if a defendant can prove that your own negligence contributed to his or her injuries, you are not entitled to a recovery (unless an exception applies). This is true even if the defendant’s conduct was 99% of the reason you were hurt. Because of this outdated rule, many motorcycle accident cases require the retention of an expert reconstruction engineer. The attorneys of Maginnis Law have worked with some of the best experts in the state and can help ensure you have both a quality legal team and quality experts.
Assuming that you can prove the defendant was at fault, the next question is what are the recoverable damages? In North Carolina, there are several different “elements” of damages. These include:
- past and future medical, pharmaceutical, and other such expenses
- lost wages and diminished earning capacity
- physical and emotional pain and suffering
- loss of enjoyment of life; and
- permanent disability.
In some cases, including those involving drunk drivers or racing, punitive damages may be available.
Of course, proving liability and having a jury allow a reasonable verdict is worthless if the defendant does not have assets to pay the judgment. This is why it is important to identify all potential sources of insurance coverage. Maginnis Law investigates each and every case to determine whether there are multiple insurance policies that provide coverage, and there often are. For example, you may have underinsured motorist coverage under the driver’s automobile liability coverage and your own policies’ underinsured motorist coverage.
Representation for a Motorcycle Accident Injury
Maginnis Howard represents North Carolinians involved in serious motorcycle accidents across the state. The firm offers free consultations and a contingency arrangement for personal injury cases/. This means you do not pay any fees unless we win your case or reach a settlement. To discuss your motorcycle accident, call the firm at (919) 526-0450 or send a confidential inquiry using our contact page.