Motorcycle accident
Motorcycle Accident Attorneys in Charlotte, North Carolina
The firms in this guide
- DeMayo Law Offices, LLP Call DeMayo Law Offices, LLP: (877) 333-1000
- Tatum Law Firm, PLLC Call Tatum Law Firm, PLLC: (704) 307-4350
- Karney | Clayton (Carolinas' Biker Lawyers) Call Karney | Clayton (Carolinas' Biker Lawyers): (704) 376-7982
- Rosensteel Fleishman Car Accident & Injury Lawyers Call Rosensteel Fleishman Car Accident & Injury Lawyers: (704) 714-1450
- Ricci Law Firm, P.A.
1. DeMayo Law Offices, LLP
Practice Focus: Motorcycle accidents, car accidents, truck accidents, traumatic brain injuries, wrongful death, catastrophic injuries, lane change motorcycle accidents, drunk driver motorcycle accidents, speeding motorcycle accidents, red light motorcycle accidents, texting while driving motorcycle accidents, blind spot motorcycle accidents, tailgating motorcycle accidents
Case Types Handled: Left-turn motorcycle collisions, rear-end collisions with motorcycles, intersection accidents, single-vehicle motorcycle crashes, multi-vehicle motorcycle accidents, DWI-related motorcycle crashes, hit-and-run motorcycle accidents, uninsured motorist claims, underinsured motorist claims, wrongful death from motorcycle accidents, road rash injuries, spinal cord injuries, traumatic brain injuries
Legal Services: Negligence investigation, accident reconstruction, police report analysis, evidence collection, insurance claim negotiation, personal injury litigation, trial representation, settlement negotiations, medical expense recovery, lost wage claims, pain and suffering claims, punitive damage claims in cases of egregious conduct such as DWI, dealing with contributory negligence defense
Background: Firm established in 1992 by Michael A. DeMayo. Over 250 years of combined legal experience among staff. More than 120 legal professionals on staff. Firm has recovered over $1 billion in judgments and settlements for clients. Has represented over 125,000 clients across the Carolinas. Michael A. DeMayo recognized as 2023 Leader in Law by North Carolina Lawyers Weekly. BBB Accredited Business. NC State Bar license number 17856. Multiple office locations throughout North Carolina.
Location: 1211 E. Morehead Street, Charlotte, NC 28204
Contact: (877) 333-1000 | (704) 333-1000 | https://www.demayolaw.com
Consultation: Free consultation, available 24 hours a day, 7 days a week, no fee unless case is won (contingency fee basis), Se Habla Español
2. Tatum Law Firm, PLLC
Practice Focus: Motorcycle accidents, car accidents, truck accidents, legal malpractice, commercial litigation, medical malpractice, products liability, construction accidents, workplace accidents, traumatic brain injuries, post-concussion syndrome, wrongful death, premises liability
Case Types Handled: Left-turn motorcycle accidents, lane change collisions, rear-end motorcycle crashes, intersection accidents, distracted driving motorcycle accidents, speeding motorcycle accidents, intoxicated driving motorcycle accidents, road hazard motorcycle accidents, single-vehicle and multi-vehicle motorcycle accidents, catastrophic injury claims, permanent disability claims
Legal Services: Liability investigation, evidence gathering and witness interviews, police report analysis, medical record collection, insurance claim negotiation, personal injury litigation, trial representation, contributory negligence defense preparation, punitive damage claims, economic and non-economic damage recovery, lost earning capacity claims
Background: Brian Steed Tatum founded the firm in 2006 after managing the Raleigh branch of Morris, Schneider & Prior, LLC. J.D. from University of Georgia School of Law (1997). MBA from Duke University (2006). Member of North Carolina Bar Association, Mecklenburg County Bar Association, American Association for Justice. Admitted to practice in North Carolina, South Carolina, Georgia, Alabama. Federal court admissions include U.S. District Court Eastern, Middle, and Western Districts of North Carolina, U.S. District Court of South Carolina, 11th Circuit Court of Appeals. Attended National Institute for Trial Advocacy Deposition Skills Clinic and Association of Trial Lawyers of America Trial Skills Clinic. Published in Georgia Journal of International & Comparative Law. Over 20 years legal experience.
Location: 6135 Park South Drive, Suite 510, Charlotte, NC 28210
Contact: (704) 307-4350 | https://www.tatumlawfirm.com
Consultation: Free consultation, 30-day risk-free trial of legal services, contingency fee basis (no fee unless case is won)
3. Karney | Clayton (Carolinas’ Biker Lawyers)
Practice Focus: Motorcycle accidents exclusively, car accidents involving motorcycles, truck versus motorcycle collisions, hit-and-run motorcycle accidents, left-turn motorcycle accidents, lane change motorcycle accidents, rear-end motorcycle collisions, intersection motorcycle accidents
Case Types Handled: Motorcycle versus car collisions, motorcycle versus commercial truck accidents, hit-and-run motorcycle accidents, left-turn accidents, lane splitting accidents, rear-end collisions, intersection accidents, DWI-related motorcycle crashes, uninsured motorist claims, underinsured motorist claims, wrongful death motorcycle cases, traumatic brain injuries, spinal cord injuries, permanent disability claims
Legal Services: Motorcycle accident investigation, accident reconstruction with specialists, evidence gathering and scene documentation, witness interviews, police report analysis, insurance claim negotiation, personal injury litigation, trial representation, medical lien resolution, lost wage recovery, pain and suffering claims, contributory negligence defense, subrogation handling
Background: Robert A. Karney has represented injured motorcyclists since 1975. J.D. from Cumberland School of Law, Samford University (1975). Licensed in North Carolina since 1975. Admitted to U.S. District Court Eastern and Western Districts of North Carolina. Member of American Bar Association, North Carolina Bar Association, Mecklenburg County Bar Association, North Carolina Advocates for Justice, American Association for Justice. Named to Top 100 Trial Lawyers by American Trial Lawyers Association. Partner Sean Clayton continues the firm’s motorcycle-focused mission. Both attorneys are active motorcycle riders who understand biker culture. Firm created and funds The Bulldog Foundation supporting local biker charities. Over 300 five-star client reviews. Representing bikers for nearly 50 years. Firm relocated headquarters to 7696 Gateway Ln NW, Concord, NC 28027.
Location: Headquarters: 7696 Gateway Ln NW, Concord, NC 28027 (serves Charlotte metro area)
Contact: (704) 376-7982 | https://karneylaw.com
Consultation: Free consultation, contingency fee basis (no fee unless case is won), attorneys available by cell phone
4. Rosensteel Fleishman Car Accident & Injury Lawyers
Practice Focus: Motorcycle accidents, car accidents, trucking accidents, wrongful death, medical malpractice, bicycle accidents, pedestrian accidents, Uber accidents, slip and fall injuries, dog bite injuries, product liability
Case Types Handled: Motorcycle versus car collisions, motorcycle versus truck accidents, rear-end motorcycle collisions, intersection motorcycle accidents, hit-and-run motorcycle accidents, road hazard accidents, single-vehicle motorcycle crashes, wrongful death from motorcycle accidents, catastrophic injury claims, traumatic brain injuries, spinal cord injuries, lost limb cases
Legal Services: Motorcycle accident investigation, evidence gathering, police report analysis, medical record collection, insurance claim negotiation, personal injury litigation, trial representation, settlement negotiations, medical expense recovery, lost wage claims, pain and suffering claims, punitive damage claims, contributory negligence defense
Background: Firm established in 2005. Led by attorneys Corey G. Rosensteel and Matthew Fleishman. Over 40 years of combined experience handling personal injury cases. Firm has recovered millions of dollars for clients. Practice built solely on client referrals with no television, radio, or media advertising. All attorneys in good standing with North Carolina State Bar. Firm has represented thousands of individuals since founding. Frequent appearances on local television news programs regarding North Carolina law expertise. Referrals from former clients, doctors, and attorneys across North Carolina.
Location: 132 N. McDowell Street, Suite 205, Charlotte, NC 28204
Contact: (704) 714-1450 | https://www.rflaw.net
Consultation: Free consultation available 24/7, contingency fee basis (no fee unless case is won), Hablamos Español
5. Ricci Law Firm, P.A.
Practice Focus: Motorcycle accidents, car accidents, truck accidents, wrongful death, catastrophic injuries, traumatic brain injuries, spinal cord injuries, premises liability, product liability, nursing home abuse
Case Types Handled: Motorcycle versus car collisions, motorcycle versus commercial truck accidents, left-turn motorcycle accidents, lane change collisions, rear-end motorcycle crashes, intersection accidents, driver negligence motorcycle accidents, road hazard motorcycle accidents, defective vehicle component claims, uninsured motorist claims, underinsured motorist claims, wrongful death motorcycle cases, permanent disability claims
Legal Services: Motorcycle accident investigation, independent accident investigator coordination, liability determination, evidence gathering, witness interviews, police report analysis, insurance claim negotiation, personal injury litigation, trial representation, medical expense recovery, lost wage claims, pain and suffering claims, future care needs assessment
Background: Firm has helped clients secure millions of dollars in insurance settlements and jury awards. Experienced team with years of practice in North Carolina legal system. Handles cases throughout North Carolina including Charlotte, Greenville, Raleigh, Durham, Fayetteville, Rocky Mount, New Bern, and Wilmington. Attorneys understand motorcycle bias issues and work to counter negative stereotypes about riders in negotiations and courtroom proceedings.
Location: Offices throughout North Carolina serving Charlotte area
Contact: https://www.riccilawnc.com
Consultation: Free initial consultation, contingency fee basis
Helmet Rules, Insurance Minimums and Scene Duties for Charlotte Motorcycle Crashes
A Charlotte motorcycle crash claim starts with North Carolina’s helmet statute, which covers every operator and passenger and limits how a violation can be used in a lawsuit. State law also sets the liability and uninsured motorist minimums, the other driver’s duties at the scene, and the damages available when a rider dies.
Helmets and Their Use in Court
Under North Carolina General Statutes 20-140.4(a)(2), no person may operate a motorcycle or moped on a highway or public vehicular area unless the operator and all passengers wear, with the retention strap secured, helmets complying with Federal Motor Vehicle Safety Standard 218; enclosed or roll-cage autocycles are excepted. Under (a)(1), the motorcycle may not carry more persons than it was designed to carry. Under (b), a violation is not negligence per se or contributory negligence per se in any civil action, and under (c) and (d) it is a $25.50 infraction with no license points or insurance surcharge.
Liability and Uninsured Motorist Minimums
The current text of General Statutes 20-279.21(b)(2) requires liability coverage of $50,000 for bodily injury to or death of one person and $100,000 for two or more persons in one accident, plus $50,000 for property damage; the North Carolina Advocates for Justice reports that these limits apply to policies issued or renewed on or after July 1, 2025. Under (b)(3), uninsured motorist bodily injury limits equal the highest bodily injury liability limits on the policy, up to $1,000,000, and uninsured motorist property damage carries a $100 exclusion.
The Other Driver’s Duties
Under General Statutes 20-166(a) and (a1), a driver who knows or reasonably should know of a crash causing injury must stop and remain until an officer completes the investigation or authorizes leaving; a willful violation is a Class H felony, and a Class F felony when the crash causes serious bodily injury or death. Under 20-166(b), the driver must give name, address, driver’s license number and plate number and render reasonable assistance, including calling for medical help when it is apparently necessary or requested.
When a Rider Dies
Under General Statutes 28A-18-2(b), damages for wrongful death include expenses for care and treatment, the decedent’s pain and suffering, reasonable funeral expenses, the present monetary value of the decedent’s net income, services and companionship to the persons entitled to recover, punitive damages as provided by law, and nominal damages.
Charlotte Motorcycle Accident Questions
What if the other side says I was partly at fault?
The other side must prove it. Under General Statutes 1-139, the party asserting contributory negligence has the burden of proof, and under 20-140.4(b) a helmet violation alone is not contributory negligence per se. Other negligence by the rider, if proved, can end the claim: in Smith v. Fiber Controls Corp. (1980), the Supreme Court of North Carolina relied on a torts treatise for the rule that contributory negligence bars recovery and upheld a verdict for the defendant.
How long do I have to sue?
Three years for personal injury under General Statutes 1-52(5), with accrual under 1-52(16) when bodily harm becomes apparent or ought reasonably to have become apparent, and two years from the death for wrongful death under 1-53(4). Against the City of Charlotte, 160A-485(a) waives immunity only to the extent of the city’s insurance or risk pool coverage.
Does my policy cover a driver with no insurance?
Yes, if it is a bodily injury liability policy on a vehicle registered or principally garaged in North Carolina. Under General Statutes 20-279.21(b)(3), such a policy must include uninsured motorist coverage with bodily injury limits equal to the policy’s highest bodily injury liability limits up to $1,000,000, although the named insured may buy greater or lesser limits that are not below the required bodily injury limits.