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Motorcycle Accident Lawyers Serving Asheville, NC

While some accidents involving motor vehicles can be minor, that isn’t the case for motorcycle crashes. When a motorcyclist is in a collision with another vehicle, the biker usually sustains the greatest number of injuries.

When someone else was at fault for the crash, injured motorcyclists can claim compensation for their losses from the driver and from the at-fault driver’s insurance company.

Any motorcyclist wishing to seek compensation should speak to an Asheville motorcycle accident lawyer who can help them.

Contact The Elmore and Smith Law Firm, PC today for a free consultation about your rights and legal options.

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Why Are Motorcycle Accident Claims More Complicated?...

While any accident claim may come with some complications, this is especially true for accidents involving motorcycles. That’s why you need a lawyer who will fight for you.

Jurors, judges, and insurance companies continue to see bikers as reckless and aggressive. Of course, this isn’t true. As unfair as the stereotypes may be, you can count on the at-fault driver’s insurance company to use anti-biker prejudice to their advantage. Don’t let them!

One of the biggest complications in motorcycle accident cases is that the injuries are far more severe than those from a crash involving only cars. You can’t settle a claim until you know the full extent of your losses.

Typically, you won’t know this until several months after your accident. This can make cases drag out and become much more complicated than an accident involving two cars.

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Bruce was professional and efficient in representing me. He took on my case when other attorney’s would not. — B. Freeman

What You Need To Know About Proving Fault in NC

To successfully recover damages in a North Carolina motorcycle accident case, you’ll need to prove the other party was negligent. Due to North Carolina’s contributory negligence laws, you’ll also likely need to prove you were in no way at fault for the wreck.

Contributory negligence laws in Asheville state that if you were even 1% to blame for your accident, you’re barred from recovering any compensation.

When proving negligence, you’ll have to show that the other driver owed you a duty of care. You must then prove that the other party breached that duty or was negligent.

A negligent action could be a failure to follow traffic laws, posted signage, or driving recklessly. Lastly, you must prove the negligent behavior caused the accident that resulted in your injuries and that you’ve suffered losses as a result.

Compensation for Injuries in a Motorcycle Accident

When you file a motorcycle accident claim, you’re asking the court to order the at-fault parties to pay you compensation for your losses from the accident.

In a motorcycle accident lawsuit, you can seek compensation for damages such as:

  • Medical costs
  • The cost of repairing or replacing your bike
  • Lost income and loss of earning capacity
  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of consortium
  • Permanent disability or disfigurement
  • Emotional distress

What To Do After a Motorcycle Accident in Asheville

It’s important that any biker understands the proper steps to take after an accident. What happens in the moments after a crash could greatly affect your claim for compensation after the accident.

  • Once everyone involved has safely moved themselves and their vehicles out of the roadway, you need to exchange information with all drivers involved. Write down their names, addresses, phone numbers, license numbers, and insurance information. If there were witnesses, also get their contact information.
  • In North Carolina, it’s required by law to report any accident that results in death, bodily injury, or property damage. When an officer arrives at the scene, write down their name and badge number. Also make sure they document any damage, including your injuries, damage to your bike, and anything else, such as torn clothing.
  • Document the scene as much as possible. Note the location of the accident, the nearest intersection or mile marker, how the accident happened, where it happened, and when it happened. Make note of the road conditions, speed limits, weather conditions, lighting, and the direction the vehicles involved were traveling in.
  • After the police tell you it’s okay to leave the scene, you must then get medical treatment as soon as possible. This is not only to ensure your injuries are treated swiftly but also to protect your claim.
  • Once your injuries have been treated and stabilized, you need to speak to a motorcycle accident attorney in Asheville. The at-fault driver’s insurance company will contact you very soon, and you don’t want to speak to them without having legal representation first.

Tips for Dealing With Insurance Companies After a Motorcycle Crash

Interactions with adjusters are tricky because they’re trying to find any way to blame you for the accident. If they’re successful, they could deny your claim altogether. To prevent this, you need to keep the following tips in mind.

  • First, stay organized at all times. Immediately after your accident, start compiling an accident file. Keep any paperwork, documentation, and records relating to the accident and the damages you suffered.
  • One of the most important parts of this file is the correspondence you receive from the at-fault driver’s insurance company. If you speak to an adjuster on the phone, make note of the time and date that you spoke, who you spoke to, and the details of what was discussed.
  • It’s never a good idea to talk about your accident on social media. Insurance companies will do anything to protect themselves from paying out large settlements, including combing through your social media profiles. For example, if you claimed you suffered a back injury during the accident and you post a picture of yourself carrying your two-year-old niece, the insurance company will use this against you.

Lastly, always speak with an attorney before talking to any insurance adjuster or representative, particularly one from the at-fault driver’s insurance company.

An attorney can even speak to the insurance company on your behalf, so you don’t have to worry about falling for their tricks.

How Our Asheville Motorcycle Accident Attorneys Can Help

In addition to dealing with the insurance company for you, there are many ways an attorney can help with your motorcycle accident claim.

An attorney can independently investigate the accident and understand how to prove someone else was to blame. They’ll collect the necessary evidence to prove it to a court.

An attorney will also help by preparing all the necessary documents for your case. These may include medical bills, loss of earnings statements, demand letters, and more. Personal injury attorneys will take care of all the filing and procedural rules associated with these documents.

An attorney brings a lot of bargaining power to the table with them. They’ll negotiate with the insurance company and at-fault driver to seek the full amount of compensation you deserve.

Common Injuries in Motorcycle Accidents

Because bikers have such little protection compared to occupants of cars, they sustain some of the worst types of injuries when they’re in an accident. Some of the most common injuries in motorcycle accidents include:

  • Traumatic brain injuries
  • Broken bones
  • Severe burns
  • Limb amputations
  • Spinal cord injuries
  • Back injuries
  • Neck injuries
  • Paralysis
  • Nerve damage
  • Road rash
  • Facial fractures
  • Disfigurement

Common Causes of Motorcycle Accidents in Western North Carolina

Anytime a biker is on the road with other vehicles, an accident can occur in many ways. Some causes of motorcycle accidents are more common, such as:

  • Drivers making unsafe lane changes
  • Distracted driving
  • Failure to “share the road”
  • Speeding
  • Driving under the influence of drugs or alcohol
  • Suddenly stopping in front of a motorcycle
  • Left-turn accidents
  • Motorcycle defects
  • Poor road conditions

Contact Our Asheville Motorcycle Accident Attorneys for Legal Help

Motorcyclists have very little protection on the road. That’s why the injuries from a motorcycle accident are often catastrophic.

No one should try to handle an accident claim on their own while trying to recover from these injuries. They should speak to a motorcycle accident lawyer in Asheville who can help.

If you’ve been injured in a motorcycle crash that wasn’t your fault, contact The Elmore and Smith Law Firm, PC.

You could be eligible for compensation, and we want to help you seek it. Contact us today so we can begin reviewing your case in a free consultation.

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