Motorcycle accident
Motorcycle Accident Attorneys in Durham, North Carolina
The firms in this guide
- Whitley Law Firm Call Whitley Law Firm: (800) 785-5000
- James Scott Farrin Call James Scott Farrin: (866) 900-7078
- Riddle & Riddle Attorneys, PLLC Call Riddle & Riddle Attorneys, PLLC: (919) 351-3030
- Kreger Brodish LLP Call Kreger Brodish LLP: (919) 980-8555
- Wallace Pierce Law Call Wallace Pierce Law: (919) 887-7892
1. Whitley Law Firm
Practice Focus: Motorcycle accidents, car accidents, truck accidents, pedestrian accidents, wrongful death, workers’ compensation
Case Types Handled: Motorcycle accidents, car accidents, truck accidents, pedestrian accidents, dog bites, construction accidents, wrongful death
Legal Services: Free and confidential case consultation, personal injury claims across North Carolina, a free “Attorney on Call” book, service in Spanish
Background: Whitley Law Firm is a Raleigh-based personal injury firm whose attorneys cite more than 120 years of combined experience. Its list of North Carolina service areas includes Durham and Chapel Hill.
Location: 1000 Social St., Suite 200, Raleigh, NC 27609 (serves Durham)
Contact: (800) 785-5000 | https://whitleylawfirm.com/
Consultation: Free case evaluation
2. James Scott Farrin
Practice Focus: Motorcycle accidents, personal injury, wrongful death, catastrophic injuries, insurance disputes
Case Types Handled: Motorcycle collisions, left-turn accidents, intersection crashes, highway motorcycle accidents, drunk driver accidents, uninsured motorist claims, underinsured motorist claims, wrongful death motorcycle cases
Legal Services: Case investigation, police report analysis, witness interviews, insurance negotiation, settlement representation, trial litigation, medical lien resolution, lost income recovery
Background: James Scott Farrin is one of the largest personal injury firms in North Carolina, with attorneys licensed throughout the state. The firm has represented thousands of accident victims and maintains resources for complex motorcycle accident litigation.
Location: 280 S Mangum St Suite 400, Durham, NC 27701
Contact: (866) 900-7078 | https://www.farrin.com
Consultation: Free consultation, contingency fee (no fee unless recovery)
3. Riddle & Riddle Attorneys, PLLC
Practice Focus: Motorcycle accidents, personal injury, wrongful death, truck accidents, car accidents
Case Types Handled: Motorcycle vs. vehicle collisions, left-turn accidents, lane change crashes, rear-end motorcycle accidents, intersection collisions, drunk driver accidents, hit-and-run cases
Legal Services: Accident investigation, evidence collection, insurance claim filing, settlement negotiation, trial representation, damages recovery, medical expense claims, lost wage recovery
Background: Riddle & Riddle has over 220 years of combined legal experience. The firm has attorneys licensed to practice in North Carolina state courts and handles motorcycle accident cases throughout the Triangle region.
Location: 1140 Kildaire Farm Rd, Cary, NC 27511 (serves Durham area)
Contact: (919) 351-3030 | https://www.riddlelaw.com
Consultation: Free consultation available
4. Kreger Brodish LLP
Practice Focus: Motorcycle accidents, personal injury, wrongful death, catastrophic injuries, insurance bad faith claims
Case Types Handled: Motorcycle collisions, left-turn accidents, intersection crashes, highway accidents, drunk driver collisions, distracted driving accidents, uninsured/underinsured motorist claims
Legal Services: Comprehensive case evaluation, accident reconstruction, expert witness coordination, insurance negotiation, personal injury litigation, trial representation, appellate work
Background: Kreger Brodish LLP has over 10 years of experience handling personal injury cases in Durham and North Carolina. The attorneys have experience with complex motorcycle accident litigation.
Location: Durham, NC
Contact: (919) 980-8555 | https://www.kregerbrodish.com
Consultation: Free initial consultation
5. Wallace Pierce Law
Practice Focus: Motorcycle accidents, personal injury, wrongful death, vehicle accidents, insurance claims
Case Types Handled: Motorcycle vs. car accidents, motorcycle vs. truck collisions, intersection accidents, highway crashes, lane change accidents, drunk driver collisions, hit-and-run cases
Legal Services: Case evaluation, accident investigation, evidence preservation, insurance claim handling, settlement negotiation, trial litigation, damages recovery
Background: Wallace Pierce Law serves motorcycle accident victims throughout the Durham area and North Carolina. The firm handles personal injury claims from initial consultation through trial.
Location: Raleigh, NC (serves Durham area)
Contact: (919) 887-7892 | https://www.wallacepierce.com
Consultation: Free consultation, contingency fee basis
Helmet Rules, Hit-and-Run Duties and State Agency Claims for Durham Motorcycle Crashes
A Durham motorcycle crash claim can raise North Carolina’s helmet statute and how a violation is treated in court, what the driver who hit the rider must do at the scene, and how a claim against a State department such as the Board of Transportation is heard. When a rider dies, a separate statute lists the recoverable damages.
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.
A Driver Who Hits a Rider
Under General Statutes 20-166(a1), a driver who knows or reasonably should know that the vehicle was in a crash resulting in injury must stop immediately and remain at the scene until a law enforcement officer completes the investigation or authorizes leaving, unless remaining places someone at significant risk of injury; a willful violation is a Class H felony. Under 20-166(a), the same duty applies when the crash results in serious bodily injury or death, and a willful violation is a Class F felony. Under 20-166(b), the driver must give the person struck name, address, driver’s license number and license plate number and render reasonable assistance, including calling for medical assistance when it is apparently necessary or requested.
Claims Against State Agencies
Under General Statutes 143-291(a), the Industrial Commission hears tort claims against the Board of Transportation and other State departments, institutions and agencies, and awards damages if a State employee’s negligence within the scope of employment proximately caused the injury and there was no contributory negligence by the claimant. Under 143-299, the claim must be filed with the Industrial Commission within three years after accrual, or within two years after death for wrongful death.
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 those entitled to recover, punitive damages as the statute provides, and nominal damages.
Durham 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 the other driver?
Three years for personal injury under General Statutes 1-52(5), and two years from the death for wrongful death under 1-53(4).
What insurance must the other driver carry?
Under the current text of General Statutes 20-279.21(b)(2), $50,000 for bodily injury to or death of one person, $100,000 for two or more persons and $50,000 for property damage in one accident; the North Carolina Advocates for Justice reports that these limits apply to policies issued or renewed on or after July 1, 2025.