Motorcycle accident
Motorcycle Accident Attorneys in Fayetteville, North Carolina
The firms in this guide
1. MacRae & Whitley, LLP
Practice Focus: Motorcycle accidents, personal injury, motor vehicle accidents, wrongful death
Case Types Handled: Motorcycle collisions, left-turn accidents, intersection accidents, lane change accidents, rear-end collisions, accidents causing traumatic brain injuries, spinal cord injuries, broken bones, road rash, nerve damage, biker’s arm injuries
Legal Services: Case review, evidence gathering including medical records and police reports, witness statement collection, pay stub review for lost wage claims, liability determination, insurance claim handling, settlement negotiations, litigation, trial representation
Background: The firm and its predecessors have practiced law in Fayetteville, Cumberland County, and across North Carolina for over 100 years. James C. MacRae Jr. has been with the firm for over 30 years and is a member of the North Carolina Advocates for Justice. Gregory T. Whitley joined in 2008. James C. MacRae III is licensed in NC State Courts and the US District Court for the Eastern District of North Carolina.
Location: Fayetteville, NC
Contact: Contact via website | https://www.macraewhitley.com
Consultation: Free consultation available
2. Law Offices of Wade E. Byrd, P.A.
Practice Focus: Motorcycle accidents, personal injury, medical malpractice, wrongful death
Case Types Handled: Head-on motorcycle collisions, left-turn accidents, intersection accidents, distracted driving accidents, DUI motorcycle accidents, fatigued driving accidents, tailgating accidents, wrongful death motorcycle cases
Legal Services: Crash reconstruction, evidence preservation, accident reconstructionist consultation, investigator services, theory of liability development, insurance coverage identification, insurance claim handling, settlement negotiations, litigation, trial representation
Background: Trial lawyer Wade Byrd has 25 years of experience and a strong record of verdicts and settlements for personal injury victims. The firm uses investigators and accident reconstruction specialists to preserve evidence at accident scenes. The firm represents clients throughout North Carolina and surrounding states.
Location: 232 Person Street, Fayetteville, NC 28301
Contact: (910) 323-2555 | https://www.wadebyrdlaw.com
Consultation: Free initial consultation
3. James Scott Farrin
Practice Focus: Motorcycle accidents, personal injury, car accidents, truck accidents, wrongful death
Case Types Handled: Motorcycle collisions caused by driver negligence, speeding accidents on All American Freeway and I-295, texting while driving accidents, distracted driving accidents on Morganton Road, left-turn accidents, rear-end collisions, lane change accidents
Legal Services: Motorcycle inspection for evidence, clothing and gear inspection, accident investigation, liability determination, insurance claim handling, counter-tactics against insurance company delay and deny strategies, settlement negotiations, litigation, trial representation
Background: The firm has offices in Fayetteville and throughout North Carolina. Attorneys understand that motorcycle accidents are different from car wrecks and know how to counter insurance company tactics. The firm emphasizes protecting client rights against contributory negligence claims.
Location: Fayetteville, NC
Contact: 1-866-900-7078 | https://www.farrin.com
Consultation: Free case evaluation with no cost or obligation
4. Nagle & Associates, P.A.
Practice Focus: Motorcycle accidents, car accidents, truck accidents, roadway accidents exclusively
Case Types Handled: Motorcycle collisions, car versus motorcycle accidents, truck versus motorcycle accidents, uninsured motorist motorcycle claims, underinsured motorist claims, road defect accidents, wrongful death motorcycle cases
Legal Services: Accident investigation, evidence preservation, traffic law application, insurance regulation navigation, trial practice and evidence law application, damages law interpretation, medical coordination with doctors and surgeons, insurance claim handling, settlement negotiations, trial representation
Background: Founder Carl Nagle has experience as a former insurance claims adjuster and insurance company lawyer, providing unique insight into dealing with large insurance companies. The firm has two retired North Carolina State Troopers and four licensed North Carolina auto insurance adjusters on the team. The firm focuses exclusively on motorcycle, car, truck, and roadway accidents. Over 20 years of experience with over $40 million in accident settlements.
Location: Fayetteville, NC (serving entire state of North Carolina)
Contact: Contact via website | https://www.naglefirm.com
Consultation: Free consultation available
5. Brent Adams & Associates
Practice Focus: Motorcycle accidents, personal injury, car accidents, truck accidents, wrongful death
Case Types Handled: Motorcycle accidents caused by speeding, texting while driving, distracted driving, failure to yield, turning in front of motorcycles, failure to check blind spots, aggressive driving, DUI accidents
Legal Services: Accident investigation, evidence gathering, liability determination, insurance claim handling, counter-tactics against insurance company blame-shifting, settlement negotiations, litigation, trial representation
Background: The firm has obtained a $15 million motorcycle accident verdict. Attorneys have extensive experience handling motorcycle accident cases and understand the knowledge and expertise needed in such cases. The firm is familiar with Cumberland County legal procedures and has a strong track record of success.
Location: Fayetteville, NC
Contact: Contact via website | https://www.brentadams.com
Consultation: Free case evaluation
Helmet Rules, Crash Notice and Underage Alcohol Sales for Fayetteville Motorcycle Crashes
A Fayetteville motorcycle crash claim can raise North Carolina’s helmet statute and how a violation is treated in court, which agency must be notified after a crash, and whether a seller who served alcohol to an underage driver can be sued. A separate rule protects claims of injured riders younger than 18.
The Helmet Statute
Under North Carolina General Statutes 20-140.4(a)(2), the operator and all passengers on a motorcycle or moped on a highway or public vehicular area must wear helmets complying with Federal Motor Vehicle Safety Standard 218 with the retention strap secured. 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.
Which Agency to Notify
Under General Statutes 20-166.1(a), the driver of a vehicle in a reportable accident must immediately, by the quickest means of communication, notify the police department of the city or town where the accident occurred, or, outside a city or town, the State Highway Patrol, the sheriff’s office or other qualified rural police of the county.
Alcohol Sold to an Underage Driver
Under General Statutes 18B-121, an aggrieved party has a claim against a permittee or local Alcoholic Beverage Control Board that negligently sold or furnished an alcoholic beverage to an underage person, when its consumption caused or contributed to the underage driver’s impairment at the time of the injury and the injury was proximately caused by the underage driver’s negligent operation of a vehicle while impaired.
Riders Younger Than 18
Under General Statutes 1-17(a), a person who is under 18, insane or incompetent when the cause of action accrues may bring the action within the time limited after the disability is removed.
Fayetteville 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), and two years from the death for wrongful death under 1-53(4). A claim over a State vehicle is heard by the Industrial Commission under 143-291 and must be filed there within three years under 143-299.
Are there age or insurance exceptions to the helmet rule?
No. General Statutes 20-140.4(a)(2) applies to the operator and all passengers; the only exception in the subdivision is for an autocycle with completely enclosed seating or a roll bar or roll cage.