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
Motorcycle Accident Laws and Regulations in North Carolina
Statute of Limitations: Three years from the date of the motorcycle accident to file a personal injury lawsuit. Two years from the date of death for wrongful death claims. The personal representative named in the deceased’s will (or court-appointed representative) must file wrongful death claims.
Fault System: North Carolina is an at-fault state. The driver who caused the accident is responsible for compensating injury victims.
Contributory Negligence: North Carolina follows the strict contributory negligence rule. If the injured party is found even 1% at fault for the accident, they may be completely barred from recovering any compensation. This is one of the strictest fault standards in the country and applies to motorcycle accident cases.
Helmet Laws: North Carolina has a universal helmet law. All motorcycle operators and passengers must wear DOT-approved helmets (FMVSS 218 compliant) at all times when riding. Helmets must be secured with a retention strap. The only exception is for autocycle operators and passengers in vehicles with enclosed seating or roll bars/cages.
Helmet Law and Negligence: Under NCGS section 20-140.4(b), failure to wear a helmet cannot be considered negligence per se or contributory negligence per se in any civil action. However, insurance companies may still attempt to argue helmet non-compliance affected injury severity.
Eye Protection Requirements: Not separately mandated beyond helmet requirements for traditional motorcycles.
Lane Splitting/Lane Filtering: Lane splitting is generally considered illegal in North Carolina based on interpretations of N.C. General Statutes section 20-146, which requires vehicles to travel in a single lane unless lane changes can be made safely.
Lane Sharing: Two motorcycles may operate abreast in a single lane with consent of both riders. Otherwise, motorcycles are entitled to full use of a single lane.
Motorcycle Insurance Requirements: Liability insurance is required. Minimum coverage: $30,000 for bodily injury per person, $60,000 for bodily injury per accident, $25,000 for property damage.
Licensing Requirements: Operators must obtain a motorcycle endorsement on their driver’s license by passing a written test and skills test, or by completing a Motorcycle Safety Foundation (MSF) Basic Rider Course.
Equipment Requirements: At least one but not more than two headlamps capable of projecting 200 feet in normal conditions, rear lamp exhibiting red light visible from 500 feet, both head and rear lamps must be lighted at all times, appropriate horn, mirrors, exhaust system, and brake lamps.
Passenger Regulations: Number of persons on the motorcycle cannot exceed the number it was designed to carry. All passengers must wear DOT-approved helmets.
HOV Lane Access: Motorcycles are permitted to use high-occupancy vehicle (HOV) lanes.
Frequently Asked Questions
Q: What is the statute of limitations for filing a motorcycle accident lawsuit in North Carolina?
A: In North Carolina, you have three years from the date of the motorcycle accident to file a personal injury lawsuit. For wrongful death claims, the deadline is two years from the date of death. It is important to note that wrongful death claims cannot be filed directly by spouses or family members. Instead, the personal representative named in the deceased’s will must file the claim, or if there is no will, a court-appointed representative must be designated during probate proceedings.
Q: How does North Carolina’s contributory negligence rule affect motorcycle accident claims?
A: North Carolina follows a strict contributory negligence rule, which is one of the harshest in the country. If you are found to be even 1% at fault for the motorcycle accident, you may be completely barred from recovering any compensation from the other party. Insurance companies and defense attorneys often try to shift some blame to motorcyclists to avoid paying claims. This makes it essential to have experienced legal representation to prove the other driver’s negligence while defending against allegations of your own fault.
Q: Can I recover compensation if I was not wearing a helmet during my motorcycle accident in North Carolina?
A: Yes, you may still recover compensation. North Carolina law (NCGS section 20-140.4(b)) explicitly states that failure to wear a helmet cannot be considered negligence per se or contributory negligence per se in a civil action. This means not wearing a helmet should not automatically bar your claim or be used to establish that you caused the accident. However, insurance companies may still try to argue that your injuries would have been less severe with a helmet. An experienced motorcycle accident attorney can help counter these arguments.
Q: Is lane splitting legal in North Carolina and how does it affect liability?
A: Lane splitting is generally considered illegal in North Carolina based on state traffic laws requiring vehicles to travel in a single lane. If you were involved in an accident while lane splitting, liability for the accident may be attributed to you, which under North Carolina’s strict contributory negligence rule could completely bar your recovery. Two motorcycles may legally ride abreast in the same lane with consent, but sharing lanes with cars or filtering between stopped vehicles is not permitted.
Q: What types of damages can I recover after a motorcycle accident in Raleigh?
A: If you can prove another party’s negligence caused your accident without any fault on your part, you may recover compensation for medical expenses (current and future), lost wages and reduced earning capacity, property damage to your motorcycle and gear, pain and suffering, emotional distress, disfigurement, and loss of enjoyment of life. In wrongful death cases, compensation may include funeral and burial expenses, loss of financial support, and loss of companionship. Given North Carolina’s contributory negligence rule, documenting the other driver’s fault while protecting yourself from blame is critical to obtaining any recovery.