Motorcycle Accident

When someone operating a motorcycle is involved in a collision with a car or a truck, the result is almost always a serious personal injury or a fatality. Many times motorcycle accidents are caused by distracted drivers, aggressive drivers or drivers who do not either see or consider a motorcycle in the same way they would see or consider a car or larger vehicle.

Investigation
A detailed and careful investigation of a motorcycle accident is key to the representation and ultimately the success of a claim for personal injuries resulting from such accidents. In addition to our experience at Hemmings & Stevens, we employ accident scene reconstruction experts and other professionals to assist us in this initial investigation.

If you are able, you should gather as much information as possible immediately after the accident, including photographs of the accident scene, names and contact information of witnesses and any other information that may be helpful to an attorney representing you.

Insurance
In making a claim for recovery for personal injuries resulting from a motorcycle accident in North Carolina, many times the owner of the motorcycle and injured party does not realize that they may have automobile insurance on their motorcycle that is separate from their automobile insurance on their personal car or truck.

An accident where the at-fault driver does not have adequate insurance to fully cover your claim for your injuries, medical expenses, lost wages, and permanent impairment may require you to make an under-insured motorist claim. If you have two insurance polices, for example, one policy for your motorcycle and one for your personal car or truck, under North Carolina law these polices can be combined to provide you with a greater amount of insurance than you realized.

For example: If an at-fault driver has the North Carolina minimum limit of thirty thousand dollars ($30,000.00) in liability coverage and you have an under-insured motorist (UIM) policy on your motorcycle of fifty thousand dollars ($50,000.00), and an additional policy on your personal car or truck of fifty thousand dollars ($50,000.00), than you have under- insured motorist coverage of up to one hundred thousand dollars ($100,000.00) because your two policies combined meet that amount. Under this scenario, you may be able to recover thirty thousand dollars ($30,000.00) from the at-fault party and as much of $70,000.00 from your own UIM policies to equal the maximum amount of one hundred thousand dollars ($100,000.00) under your policies if your injuries and lost wages warrant such a recovery.

Medical Payments Coverage (Med-Pay)
Many auto insurance policies contain a provision for Med-Pay coverage which can be used to pay your medical bills in the event that you are injured, regardless of who is at-fault. In North Carolina, any Med-Pay funds you receive from your own insurance company do not affect the other driver’s liability to you, and they are still responsible for paying your medical bills in full. Further, under North Carolina law, even if you have medical insurance to pay your medical bills, such a payment to you does not affect the liability of the at-fault party to pay you for your medical bills, lost wages, or pain and suffering.

Hemmings & Stevens, P.L.L.C., has substantial experience in representing motorcycle riders. For questions about these issues and to learn more about how to recover the maximum amount available for your motorcycle accident, you may call us for a free consultation and evaluation of your case. We represent individuals and families statewide in any city or county in the State of North Carolina.

For more information about our services, please contact us.