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
Motorcycle Accident Laws and Regulations in North Carolina
Statute of Limitations: North Carolina allows three (3) years from the date of a motorcycle accident to file a personal injury lawsuit (N.C.G.S. § 1-52). Missing this deadline typically results in permanent loss of the right to seek compensation. Property damage claims also have a three-year statute of limitations.
Wrongful Death Statute of Limitations: Two (2) years from the date of death for wrongful death claims.
Fault System: North Carolina is a fault-based (tort) state for motor vehicle accidents. The at-fault party is responsible for resulting damages, and the responsible party’s insurance must compensate the injured party.
Contributory Negligence Rule: North Carolina follows the strict contributory negligence rule, which is the most plaintiff-unfavorable negligence standard in the United States. If the injured party is found even 1% at fault for the accident, they may be completely barred from recovering any compensation. This makes legal representation particularly critical in North Carolina motorcycle cases.
Last Clear Chance Doctrine: This doctrine may allow a victim to recover compensation even with some fault if the defendant had the last clear chance to avoid the accident but failed to act.
Helmet Non-Use and Negligence: Under N.C.G.S. § 20-140.4(b), failure to wear a helmet cannot be used to establish contributory negligence in civil actions. However, insurance adjusters may still attempt to use helmet non-compliance to argue partial responsibility.
Motorcycle Insurance Requirements: North Carolina requires minimum liability insurance coverage for all motorcycles, same as passenger vehicles:
- $30,000 per person for bodily injury
- $60,000 per accident for bodily injury (two or more persons)
- $25,000 for property damage per accident
Uninsured/Underinsured Motorist Coverage: North Carolina law requires UM/UIM coverage, and the limits chosen determine maximum settlement amounts when at-fault driver lacks adequate insurance.
Helmet Law: North Carolina has a UNIVERSAL helmet law (N.C.G.S. § 20-140.4). ALL motorcycle and moped riders and passengers must wear helmets at all times, regardless of age. Helmets must comply with Federal Motor Vehicle Safety Standard (FMVSS) 218, featuring:
- Thick polystyrene foam inner liner (approximately 1 inch thick)
- DOT sticker permanently installed by manufacturer on back of helmet
- Manufacturer label inside with name, model, size, date, materials, and care instructions
- Properly secured chin/retention strap
Eye Protection: North Carolina requires eye protection unless the motorcycle is equipped with a windscreen.
Lane Splitting/Lane Filtering: Lane splitting is not explicitly addressed by North Carolina law, making it not technically illegal. However, motorcycles cannot pass vehicles on the right-hand side except in limited circumstances. Riding two abreast in a single lane is permitted.
Motorcycle Licensing Requirements: Riders must have either a motorcycle learner permit or motorcycle endorsement on their driver’s license. Requirements include:
- Valid regular, provisional, or commercial driver’s license
- Motorcycle knowledge test
- Vision test
- Road signal test
- Practical motorcycle skills test
- Riders ages 16-18 with provisional license need parental consent and motorcycle safety course completion
Motorcycle Equipment Requirements:
- At least one headlight (no more than two) running at all times, visible 200+ feet ahead
- Red or amber taillight visible from 500+ feet
- Rear brake light visible from 100+ feet
- Horn audible from 200+ feet
- License plate visible from 50+ feet at night
- Turn signals
- At least one mirror
Annual Inspection: All motorcycles registered in North Carolina must pass annual safety inspections before registration renewal.
Passenger Restrictions: Motorcycles cannot carry more passengers than designed to accommodate. No minimum age restriction for passengers.
Punitive Damages: Available in cases of egregious conduct such as DWI, malice, fraud, or willful and wanton conduct. North Carolina caps punitive damages at the greater of three times compensatory damages or $250,000.
Damage Caps: North Carolina does not cap compensatory damages (economic or non-economic) in personal injury cases.
Dram Shop Liability: North Carolina has limited dram shop liability allowing claims against establishments that serve alcohol to intoxicated individuals who subsequently cause accidents.
Frequently Asked Questions
Q: How does North Carolina’s contributory negligence rule affect motorcycle accident claims?
A: North Carolina is one of only four states (along with Alabama, Maryland, and Virginia, plus the District of Columbia) that follows the pure contributory negligence rule. This means if you are found even 1% at fault for your motorcycle accident, you may be completely barred from recovering any compensation from other parties. Insurance companies aggressively use this rule to shift blame onto motorcyclists. For example, if you were exceeding the speed limit by even a small amount when another driver ran a red light and hit you, the insurance company may argue you bear partial fault and should receive nothing. This harsh rule makes it essential to work with an experienced motorcycle accident attorney who can gather evidence to disprove any allegations of shared fault and establish the defendant’s sole responsibility.
Q: I was not wearing a helmet during my motorcycle accident in Charlotte. Can I still recover damages for my injuries?
A: Yes, you may still recover damages even if you were not wearing a helmet. Under North Carolina General Statute 20-140.4(b), failure to wear a helmet cannot be used to establish contributory negligence on the part of a motorcycle rider. This means the helmet defense cannot automatically bar your claim. However, insurance adjusters and defense attorneys may still try to use your helmet non-compliance to argue you contributed to the severity of your injuries. While this cannot be used to deny your claim outright, it may affect jury perception. An experienced motorcycle accident attorney can help counter these arguments and focus the case on the at-fault party’s negligence that caused the accident in the first place.
Q: What is the deadline to file a motorcycle accident lawsuit in North Carolina?
A: In North Carolina, you have three (3) years from the date of your motorcycle accident to file a personal injury lawsuit (under N.C.G.S. § 1-52). This statute of limitations applies to both personal injury and property damage claims. For wrongful death claims arising from a fatal motorcycle accident, the deadline is two (2) years from the date of death. While three years may seem like sufficient time, insurance claims and negotiations can take many months or years. Additionally, gathering evidence, obtaining medical records, and building a strong case requires time. Waiting too long can also result in lost evidence or faded witness memories. If you miss the filing deadline, a court will likely dismiss your case, and you will permanently lose your right to seek compensation. It is advisable to consult with a motorcycle accident attorney as soon as possible after your accident.
Q: Is lane splitting legal in North Carolina, and how does it affect accident liability?
A: Lane splitting is not explicitly addressed in North Carolina statutes, which means it is not technically illegal. However, this lack of clarity creates complications for accident liability. North Carolina law does prohibit passing vehicles on the right-hand side except in limited circumstances, which could affect lane splitting scenarios. If you are involved in an accident while lane splitting and the other party or insurance company argues you were engaged in unsafe driving behavior, this could potentially be used against you under the contributory negligence rule. Given North Carolina’s strict contributory negligence standard, any argument that you contributed to the accident through improper lane positioning could jeopardize your entire claim. Motorcyclists who engage in lane splitting should exercise extreme caution and understand the legal risks involved.
Q: What damages can I recover in a Charlotte motorcycle accident case?
A: In a North Carolina motorcycle accident case, you may be entitled to recover both economic and non-economic damages. Economic damages include measurable financial losses such as motorcycle repair or replacement costs, medical expenses (past and future), hospital bills, rehabilitation costs, lost wages during recovery, lost future earning capacity if permanently disabled, and property damage. Non-economic damages compensate for subjective losses including physical pain and suffering, emotional distress, loss of enjoyment of life, permanent disfigurement, scarring, and loss of consortium. In cases involving particularly egregious conduct such as drunk driving, you may also pursue punitive damages, though North Carolina caps these at the greater of three times compensatory damages or $250,000. An experienced motorcycle accident attorney can help calculate the full value of your damages and ensure you do not accept a settlement that fails to cover your long-term needs.