Motorcycle accident
Motorcycle Accident Attorneys in Raleigh, North Carolina
The firms in this guide
1. Hardison & Cochran
Practice Focus: Motorcycle accidents, car accidents, truck accidents, personal injury, workers compensation, wrongful death, catastrophic injuries
Case Types Handled: Motorcycle vs. car collisions, motorcycle vs. truck collisions, left-turn accidents, intersection accidents, rear-end collisions, head-on collisions, distracted driving accidents, drunk driving accidents, wrongful death claims
Legal Services: Free case evaluation, accident investigation, evidence gathering, insurance claim negotiation, settlement negotiations, litigation, trial representation, medical expense recovery, lost wage claims, pain and suffering claims, future expense recovery
Background: Managing partner Benjamin T. Cochran oversees operations and represents individual clients. B.A. in economics and African-American studies from University of North Carolina (1999). J.D. from Norman Adrian Wiggins School of Law at Campbell University. Member of the North Carolina Bar Association. The firm represents clients throughout Raleigh, Cary, Durham, Wake County, Fayetteville, Greenville, Dunn, Greensboro, Research Triangle Park, Wilmington, the Triangle, and the Triad.
Location: Raleigh, NC (serves clients throughout North Carolina)
Contact: (800) 434-8399 | https://www.lawyernc.com
Consultation: Free initial consultation, response within 24 hours
2. Younce, Vtipil, Baznik & Banks, P.A.
Practice Focus: Motorcycle accidents, car accidents, truck accidents, personal injury, Social Security disability, workers compensation
Case Types Handled: Motorcycle vs. car collisions, motorcycle vs. truck collisions, intersection accidents, lane change accidents, left-turn accidents, disabling injury cases, wrongful death claims
Legal Services: Accident investigation, liability assessment, insurance coverage analysis, medical expense calculation, lost income recovery, pain and suffering claims, future medical expense recovery, home modification cost recovery, reduced earning capacity claims, settlement negotiations, litigation, trial representation
Background: David E. Vtipil focuses on auto accidents, social security disability claims, and workers compensation claims. Member of the North Carolina Bar Association, Wake County Bar Association, and the North Carolina Advocates for Justice. The firm provides personalized legal advocacy and offers free legal advice consultations.
Location: Raleigh, NC (serves central North Carolina)
Contact: (877) 287-5385 | https://www.attorneync.com
Consultation: Free consultation, available day or night, any day of the week, contingency fee basis
3. O’Malley Tunstall, PC
Practice Focus: Motorcycle accidents, car accidents, truck accidents, personal injury, Social Security disability, wrongful death
Case Types Handled: Head injuries from motorcycle accidents, herniated disks, neck injuries, back injuries, broken bones, road rash injuries, injuries requiring surgery, catastrophic injuries, wrongful death claims
Legal Services: Case investigation, evidence gathering, witness interviews, insurance claim negotiation, settlement negotiations, litigation, jury trial representation, medical expense recovery, lost wage claims, pain and suffering claims, Social Security disability assistance
Background: Susan O’Malley is a North Carolina board-certified specialist in Social Security Disability law. The firm employs experienced investigators who begin reviewing claims immediately to determine what happened and what evidence is needed. Handles both personal injury and related Social Security disability cases.
Location: Raleigh, NC
Contact: Contact through website | https://omalleytunstall.com
Consultation: Free initial consultation, contingency fee basis (fee charged only if compensation recovered)
4. Burton Law Firm, PLLC
Practice Focus: Motorcycle accidents, car accidents, personal injury, wrongful death
Case Types Handled: Motorcycle collisions, catastrophic injuries, traumatic brain injuries, spinal cord injuries, road rash injuries, wrongful death claims
Legal Services: Accident investigation, liability determination, insurance claim negotiation, settlement negotiations, litigation, trial representation, medical expense recovery, lost wage claims, pain and suffering claims, emotional distress claims, property damage recovery
Background: Attorney Jason Michael Burton has over a decade of experience in personal injury and wrongful death cases. Has recovered more than $40 million in settlements and verdicts. Named Top 10 Personal Injury Attorney Under 40 by the National Academy of Personal Injury Attorneys. Selected as Litigation Rising Star by North Carolina Super Lawyers Magazine. Lifetime member of the Million Dollar and Multi-Million Dollar Advocates Forum.
Location: Raleigh, NC
Contact: Contact through website | https://www.jmburtonlaw.com
Consultation: Free consultation, contingency fee basis
5. Henson Fuerst Attorneys
Practice Focus: Motorcycle accidents, car accidents, truck accidents, personal injury, nursing home abuse, medical malpractice, wrongful death
Case Types Handled: Motorcycle collisions, intersection accidents, left-turn accidents, rear-end collisions, catastrophic injuries including traumatic brain injuries, wrongful death claims
Legal Services: Accident investigation, evidence gathering and preservation, witness interviews, medical records review, expert consultations, insurance claim negotiation, settlement negotiations, litigation, trial representation, medical expense recovery, lost wage claims, pain and suffering claims
Background: Established practice serving accident victims since 1976. The firm has resources and knowledge to investigate accidents and take on insurance companies. Includes attorneys Mr. Mason and Ms. McPhatter among team members. Has won millions for clients and their families.
Location: Raleigh, NC (serves clients throughout North Carolina)
Contact: Contact through website | https://www.hensonfuerst.com
Consultation: Free case consultation, available 24/7, contingency fee basis
Helmet and Autocycle Rules, Hit-and-Run Felonies and Wrongful Death Claims for Raleigh Motorcycle Crashes
A Raleigh motorcycle crash claim can raise who North Carolina’s helmet statute covers and its one exception, the felony penalties for a driver who leaves an injury crash, how a wrongful death claim is brought, and what uninsured motorist coverage pays.
Who the Helmet Statute Covers
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. The subdivision does not apply to an operator of, or passengers within, an autocycle with completely enclosed seating or a roll bar or roll cage. Under (b), a violation is not negligence per se or contributory negligence per se in any civil action.
A Driver Who Leaves
Under General Statutes 20-166(a), a driver who knows or reasonably should know of a crash causing serious bodily injury or death must stop and remain until an officer completes the investigation or authorizes leaving; a willful violation is a Class F felony. Under 20-166(a1), the same duty applies to a crash causing injury, and a willful violation is a Class H felony.
How a Wrongful Death Claim Is Brought
Under General Statutes 28A-18-2(a), the action is brought by the personal representative or collector of the decedent. The recovery is not applied to the estate’s debts except for burial expenses and reasonable hospital and medical expenses up to $4,500 incident to the fatal injury, and the remainder is distributed as the section provides.
Uninsured Motorist Coverage
Under General Statutes 20-279.21(b)(3), a bodily injury liability policy on a vehicle registered or principally garaged in North Carolina must include uninsured motorist coverage, with bodily injury limits equal to the policy’s highest bodily injury liability limits up to $1,000,000; uninsured motorist property damage coverage excludes the first $100 of damage.
Raleigh 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), accruing 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). A claim over a State vehicle goes to the Industrial Commission under 143-291 and is due there within three years under 143-299.
What if the injured rider is under 18?
Under General Statutes 1-17(a), a person who is under 18 when the cause of action accrues may bring the action within the time limited after the disability is removed.