Durham Motorcycle Accident Attorneys

Filing a Motorcycle Accident Claim in Durham County

Because they are relatively unprotected compared to the occupants of passenger vehicles, motorcyclists often suffer catastrophic or fatal injuries when they are involved in accidents. At Hyland, Padilla & Fowler, PLLC, we understand how devastating these incidents are, and we know how to stand up for the rights of injured bikers and their loved ones. 

If you were injured or if someone you love died in a motorcycle accident in or around Durham County, reach out to our firm as soon as possible to learn more about your right to file a personal injury or wrongful death claim. You could be entitled to compensation for your accident-related damages, such as medical bills, pain and suffering, lost wages, and more. Our experienced trial attorneys can help you fight for the full, fair recovery you are owed, all while offering the compassionate and personalized legal counsel you deserve. 

Call (919) 891-8361 or contact us online today for a free consultation with one of our Durham motorcycle accident lawyers. Se habla español.

Common Injuries Associated with Motorcycle Accidents 

Motorcycle accidents can result in serious injuries, some of which may require long-term medical treatment and may even lead to permanent disability. In severe cases, these injuries can be fatal. 

The most common types of injuries associated with motorcycle crashes include: 

• Head trauma
• Traumatic brain injuries
• Spinal cord injuries 
• Paralysis 
• Broken bones
• Internal organ damage 
• Soft tissue damage
• Whiplash 

In addition to physical injuries, motorcycle accident victims may also suffer significant psychological trauma. This can include emotional distress, such as fear, shock, and guilt. Psychological trauma can also manifest through flashbacks, nightmares, and avoidance of places or activities related to the accident. Such emotional issues can lead to depression, anxiety, post-traumatic stress disorder (PTSD), and other mental health concerns. 

What Are the Most Common Causes of Motorcycle Accidents? 

Motorcycle accidents can have devastating consequences, both physically and psychologically. 

While there are many potential factors that contribute to motorcycle accidents, some of the most common causes include:

• Driver Error: Driver error is one of the most common causes of motorcycle accidents. This includes speeding, driving under the influence of drugs or alcohol, and failing to obey traffic laws, such as illegal lane splitting or running red lights. While motorcyclists are often blamed for driving recklessly, the truth is that other motorists on the road often cause motorcycle accidents by engaging in negligent or wrongful driving behaviors. 
• Distracted Driving: Distracted driving is another major cause of motorcycle accidents. This includes talking on a cellphone, texting while driving, eating or drinking while operating a vehicle, and adjusting vehicle controls, such as the air conditioning or radio. Any activity that takes the rider’s attention away from the task of safely operating their vehicle can increase their risk of an accident. 
• Poor Road Conditions: Poorly maintained roads can create hazards for motorcycle riders, particularly when the road surface is uneven or there are potholes or other obstacles. It is important to check the condition of the roads before riding and be aware of any areas that could potentially cause problems. Additionally, cities and municipal entities should conduct routine roadway maintenance to remove, repair, or warn of hazards that put drivers at risk.
• Vehicle Malfunction: Faulty brakes, tires, or other motorcycle parts can lead to an accident if not properly maintained. Motorcycle riders should take their vehicle for regular maintenance checks and make sure any worn or damaged parts are replaced before heading out on the road. Additionally, defective safety gear, such as motorcycle helmets, can increase the risk of catastrophic injury or death. In many cases, manufacturers can be held liable.
• Hazardous Weather Conditions: Wind, rain, snow, fog, and other forms of inclement weather can all create hazardous conditions for motorcycle riders. Additionally, inclement weather can cause other drivers to make mistakes that put motorcyclists at risk. It is important for riders to consider the current weather conditions before heading out and to adjust their riding style accordingly. 

Our team works with accident reconstruction experts to investigate motorcycle crashes and determine what factors led to these devastating events. We know how to utilize investigative findings to build powerful cases for our clients, and we work diligently to obtain all available evidence to support our clients’ claims. 

Who Is at Fault for a Motorcycle Accident? 

Motorcyclists are often subjected to the unfair assumption that they are always at fault when accidents occur. However, at Hyland, Padilla & Fowler, PLLC, we know that this is simply not true. In fact, we have seen countless cases in which motorcycle riders were injured or even killed because of the negligence of others. 

Determining fault is one of the most important elements of your motorcycle accident claim. By establishing the at-fault party, you can prove liability and seek fair compensation from the liable party. It is important that you work with an experienced attorney who can not only determine who was at fault for the crash but also prove that you were not to blame whatsoever. Under North Carolina’s rule of contributory negligence, you cannot pursue a personal injury claim if you are even one percent at fault for the incident that led to your injury. If the insurance adjuster or liable party is arguing that you were partly at fault, reach out to our firm right away. 

Types of Damages in Motorcycle Accident Claims 

If you have been injured in a motorcycle accident, it is important to understand the types of damages that may be available to you through a personal injury lawsuit. 

Depending on the circumstances of your case, you may be able to recover compensation for: 

• Medical bills
• Lost wages and earning capacity
• Pain and suffering
• Emotional distress
• Loss of consortium or companionship with a spouse or family member due to an injury-related disability

In some cases, punitive damages may also be sought if reckless behavior was involved in causing the accident. Typically, punitive damages are only awarded in cases involving gross negligence, willful or wanton misconduct, or intentional inflection of injury.

An experienced attorney can help evaluate your particular situation and determine which type of damages are applicable in your case. Get in touch with our Durham motorcycle accident lawyers today to learn more during a free, no-obligation consultation. 

Should You Hire a Motorcycle Accident Attorney? 

In the wake of a motorcycle accident, victims may be overwhelmed and unsure of the best course of action. In these circumstances, it is beneficial to seek out legal counsel from an experienced motorcycle accident attorney, like those at Hyland, Padilla & Fowler, PLLC. An attorney can provide invaluable assistance in navigating the complex process of filing a personal injury claim and seeking compensation for damages sustained due to another party’s negligence or recklessness. 

Our knowledgeable lawyers can help you understand your rights and options under the law, as well as advise you on strategies for presenting a strong case. We are prepared to handle all paperwork related to filing your claim and can negotiate with the insurance company on your behalf. Our team can also collect evidence—such as medical records, witness statements, and photographs—that supports your claim and prepare for court proceedings, if necessary. 

Our attorneys are intimately familiar with state and local laws governing motorcycle accidents, which can be critical in determining fault in certain cases. And, because we work on a contingency fee basis, you do not owe us any legal fees unless/until we win your case. 

To speak to an attorney at our firm about your motorcycle accident case, call (919) 891-8361 or contact us online.