OVER 50+ YEARS OF COLLECTIVE EXPERIENCE SERVING RALEIGH & DURHAM

Protecting the Rights of Injured Clients

North Carolina Motorcycle Accident Attorneys 

Experienced Legal Representation for Motorcycle Accident Victims 

Motorcyclists are often perceived as reckless riders with a death wish. But in reality, the most common type of motorcycle accident results from a passenger vehicle’s fault. While a car experiences moderate exterior damage and the occupants are typically left unscathed, motorcyclists and their motorcycles endure substantial catastrophe.

If you were recently involved in a motorcycle accident caused by a driver in North Carolina, our experienced motorcycle accident attorneys at Hyland, Padilla & Fowler, PLLC can help you recover your entitled compensation. With more than 50 years of combined experience, our legal team thoroughly understands the state-driving laws and court proceedings to effectively fight for you in court while you make the best possible recovery.


Injured in a motorcycle accident in North Carolina? Wondering how you can get the compensation you deserve? Call Hyland, Padilla & Fowler, PLLC today at (919) 891-8361 or contact us online for a FREE consultation and learn your legal options!


Common Causes of Motorcycle Accidents

Motorcycle accidents are frequently caused by various factors, often involving human error and challenging road conditions. Some of the most common contributors to these accidents include:

  • Distracted drivers
  • Reckless or negligent drivers
  • Inclement weather

Motorcycle accidents often occur due to factors involving driver behavior and road conditions. Distracted driving, such as texting or using a mobile device, has increasingly become a leading cause of such accidents. Reckless driving behaviors, including sudden lane changes and tailgating, present significant risks to motorcyclists, who are more vulnerable to sudden maneuvers. Additionally, North Carolina weather can exacerbate these dangers, as motorcycles are more sensitive to slick roads and decreased visibility.

Additional Factors Leading to Motorcycle Accidents

Several factors contribute to motorcycle accidents, with some posing more significant risks to motorcyclists due to their vulnerability. These factors include:

  • Speeding drivers
  • Drunk or drugged drivers
  • Unsafe road conditions

Speeding dramatically increases the likelihood of accidents, as it reduces the driver’s ability to react in time to avoid a collision. Drunk or drugged driving further impairs judgment and reaction time, compounding the risk factors that motorcyclists face on the road. Poorly maintained or hazardous road conditions, such as potholes, debris, and lack of signage, can also lead to loss of control for motorcyclists. These factors highlight the dangers on the road and the importance of awareness and defensive driving.

Common Motorcycle Accident Injuries

Motorcycle accidents often lead to severe injuries due to the lack of physical protection that motorcycles offer compared to enclosed vehicles. Common injuries include:

  • Road Rash: A painful and often severe skin abrasion from sliding across the pavement.
  • Fractures and Broken Bones: Commonly occur in the arms and legs due to the impact with other vehicles or the ground.
  • Head Injuries: Even with helmets, head injuries remain a significant risk.
  • Spinal Cord Injuries: Potentially leading to long-term disabilities or paralysis.
  • Internal Injuries: Like organ damage or internal bleeding, which require immediate medical attention.
  • Bruising and Trauma: Severe bruising caused by the impact of the collision.
  • Psychological Impacts: Including post-traumatic stress disorder (PTSD).

Comprehensive Legal Representation for North Carolina Motorcycle Accident Victims

At Hyland, Padilla & Fowler, PLLC, our legal team conducts thorough investigations into accidents and gathers the necessary evidence to develop a personalized legal strategy tailored to your case. Whether we settle outside the courtroom or proceed with litigation, our North Carolina motorcycle accident lawyers are committed to supporting you every step of the way.

Our comprehensive approach involves collaborating with accident reconstruction experts, reviewing police reports, and analyzing medical records to establish the full extent of your injuries and damages. This meticulous attention to detail allows us to build a strong case that supports your claim for fair compensation. We understand the emotional and financial toll that a motorcycle accident can have on your life, so we work diligently to minimize stress and provide the support you need throughout the legal process.

Potential Compensation for Motorcycle Accident Injuries

In the aftermath of a motorcycle accident, the compensation you may be entitled to can address a wide range of financial and personal impacts, including:

  • Medical expenses
  • Damages for permanent injuries
  • Pain and suffering
  • Loss of earnings

Beyond immediate medical care costs, compensation may cover long-term rehabilitation, future treatment expenses, and any necessary modifications to your home or vehicle due to your injuries. Damages for permanent injuries can include compensation for ongoing physical impairment and diminished quality of life. Furthermore, pain and suffering damages address the physical pain and emotional distress caused by the accident. Lastly, if your injuries have impacted your ability to work, you may be entitled to compensation for lost wages and loss of earning capacity.

North Carolina Motorcycle Laws: What You Need to Know

In North Carolina, motorcycle riders must adhere to specific state laws designed to enhance their safety on the road. All motorcyclists and passengers must wear helmets, which help reduce injuries and fatalities in the event of an accident. Additionally, motorcyclists are required to keep their headlights on at all times while riding to increase visibility. These regulations are part of the state’s efforts to ensure the safety of motorcycle riders and reduce the number of accidents.
Another essential safety regulation is the strict enforcement of lane-splitting rules. Unlike in some states, lane-splitting—riding between lanes of slow-moving or stopped traffic—is illegal in North Carolina. Adhering to this rule ensures compliance with the law and enhances road safety for all users. By obeying traffic signals and road signs and maintaining safe speeds, riders can significantly reduce their risk of accidents while ensuring their legal protection.

FAQs on Motorcycle Accident Claims in North Carolina

What Should I Do Immediately After a Motorcycle Accident?

First, ensure your safety and seek medical attention immediately. Even if injuries seem minor, it's essential to have a thorough medical examination, as some injuries may not be immediately apparent. Call 911 and report the accident to the police to obtain an official report for legal and insurance purposes. Document the accident scene by taking pictures of all vehicles, injuries, and road conditions. If there are witnesses, gather their contact information, as their statements can be valuable later. Finally, contact a trusted motorcycle accident attorney who can guide you through the legal process and help protect your rights.

How Is Fault Determined in a Motorcycle Accident in North Carolina?

Fault in a motorcycle accident is determined through a comprehensive investigation of the accident scene, testimonies from witnesses and involved parties, and an analysis of the police report. Insurance companies and legal representatives will evaluate these details to assess liability. It is important to note that North Carolina follows a contributory negligence rule. If a motorcycle rider is found to be even 1% at fault, they may not be eligible to recover damages. Having a skilled attorney who can build a strong argument demonstrating the other party's negligence is crucial to a successful claim.

How Long Do I Have to File a Claim After a Motorcycle Accident in North Carolina?

North Carolina imposes a statute of limitations on personal injury claims, including those for motorcycle accidents. Typically, you have three years from the date of the accident to file a lawsuit. However, it is crucial to act quickly, as evidence can be lost or forgotten over time, and witnesses may become unavailable. Prompt action not only helps build a stronger case but also ensures you meet all legal deadlines. Consulting with an attorney soon after the accident can provide clarity on the timeline and necessary steps for pursuing legal action.

Can I Still Recover Damages if I Was Not Wearing a Helmet in North Carolina?

Wearing a helmet is mandatory in North Carolina, and failing to do so can affect your ability to recover damages. If a rider suffers head injuries while not wearing a helmet, the opposing party may argue that the injuries would have been less severe if a helmet had been worn. This can potentially reduce or eliminate the compensation recoverable due to contributory negligence. However, if the accident was entirely the other driver's fault, an argument can be made that the lack of helmet use did not contribute to the crash itself. Seeking legal advice is crucial to understand how helmet laws may impact your claim.


If you or a loved one has been involved in a motorcycle accident, our North Carolina motorcycle accident attorneys are here to help. Reach out now to discuss your case and start your path to recovery!


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Experienced Legal Help from Hyland, Padilla & Fowler Since 1999
  • Over 7000 Cases Handled We have represented thousands of personal injury clients since 1999.
  • “Llegué a Hyland, Padilla & Fowler, PLLC después de un accidente automovilístico. El Sr. Padilla trabajó muy duro en mi caso. Su principal preocupación es el bienestar de sus clientes. Fue cariñoso, profesional,” - Toni B.
  • “Muy contenta y genial con los resultados. Gracias por ayudar a la comunidad hispana muy feliz con los resultados bendiciones. Andrea y Stefani hicieron un gran trabajo.” - Jazmin B.
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