Best Motorcycle Accident Lawyers in Durham, NC

FAQs

• What is the non-emergency contact number for the local police station in Durham, North Carolina?

  (919) 560-4600 is the non-emergency contact number for the police station of Durham.

• Where can you get a copy of the police report for the accident in Durham, North Carolina?

  You must visit the Records Unit at Police Headquarters, located at 602 East Main Street, from 7:30 a.m. to 5 p.m. You can also call the Records Unit at (919) 560-4423 to request to have a copy of the report sent or faxed to you.

• Is it necessary to file a police report in Durham after a motorcycle accident?

  A police report is required after a motorcycle collision in Durham if there are injuries or if the damage exceeds $1,000. If no one has been wounded or the damage is not more than $1,000, the parties have no legal obligation to file a report with the police, and they can resolve any claims among themselves.

• How much does it cost to retain legal counsel for a motorcycle accident claim in Durham?

  The majority of attorneys in Durham work on a contingency-fee basis, which means they do not collect any upfront payments from clients. The attorneys' remuneration depends on whether they are able to obtain compensation for their clients. This motivates lawyers to work toward ensuring the best possible outcome for each client.

• Where do most motorcycle collisions in Durham take place?

  According to the North Carolina Department of Transportation, the majority of traffic collisions in Durham between 2015 and 2019 happened at the following intersections: I 40 and SR 1118 (351 crashes) I 40 and NC 55 (342 crashes) I 85 and NC 157 (259 crashes) I 40 and US 15 (252 crashes) I 40 and NC 54 (250 crashes) I 85 and US 15 BUS (242 crashes) US 70 and NC 98 (235 crashes) US 15 and NC 147 (227 crashes) I 85 and NC 55 (213 crashes) NC 55 and NC 147 (212 crashes)

• How long does it take to resolve a motorcycle accident claim in Durham?

  From the date of the accident, it normally takes six months to a year to settle a motorcycle accident claim in Durham. Unless certain circumstances make a case extremely difficult or it has gone to court, the majority of claims are resolved within a few months. A lawyer can take care of the legal paperwork and negotiations with the at-fault parties.

• If a plaintiff in a motorcycle accident in Durham is partially at fault, can they still receive compensation?

  Generally, plaintiffs in Durham cannot recover losses if they are found to be partially responsible for the accident that caused their injuries. This is because North Carolina follows the law of contributory negligence, which bars litigants from obtaining damages even if they are only 1% to blame for the accident. Some insurance companies use the rule of contributory negligence to their advantage so they do not have to pay plaintiffs who are partially at fault. However, the rule has exceptions, and plaintiffs' lawyers can use them to still pursue damages for their clients.

• What does a motorcycle accident attorney do?

  Motorcycle accident attorneys provide legal advice, negotiate with insurance companies, and represent accident victims in and out of court. They investigate the cause of collisions, establish fault, value claims, prepare legal documents, and fight to recover adequate compensation for their clients. Most lawyers in this practice area also handle car and truck accidents and other personal injury claims.

• What is my motorcycle accident injury claim worth?

  Injured motorcyclists may be eligible for several types of compensation depending on their losses, state of residence, and level of fault. Whether or not they were wearing a helmet may also come into play. A lawyer can help to evaluate claims based on medical expenses, property damage, past and future lost wages, loss of earning capacity, pain and suffering, and emotional trauma.

• How long after a motorcycle accident can you claim an injury?

  The statute of limitations for personal injury claims is typically two years from the date of the accident. However, each state has its own rules. In Tennessee and Louisiana, for example, victims of motorcycle accidents have just one year to file a lawsuit. In Maine, Minnesota, and North Dakota, individuals have up to six years to initiate a claim.

• What is the average settlement for a motorcycle accident injury?

  Based on eight years of national data, the average verdict in motorcycle accident cases ranges from $74,000 to $560,000. Also note that the majority of claims are settled out of court. Riders may receive compensatory damages for medical bills, property damage, and lost wages, as well as general damages for emotional trauma, pain and suffering, and loss of consortium. Additionally, in states that follow a comparative negligence model, the plaintiff’s claim may be reduced according to his or her level of fault.

• What is the first thing I should do after a motorcycle accident?

  The steps that you take immediately after a collision can be instrumental in proving an accident or injury claim. In general, you should follow these guidelines:

  • Gather insurance and contact information from the other driver and any witnesses.
  • Contact law enforcement to report the collision and complete an accident report.
  • Document injuries, property damage, and road conditions.
  • Visit a doctor or hospital within 24 hours.
  • Avoid discussing the accident with the other driver or their insurance company.

  
  

• How does the motorcycle injury claim process work?

  Motorcycle accident cases typically start with an insurance claim. After documenting their client’s losses and establishing fault, attorneys generally prepare a demand letter requesting compensation from the other driver’s insurance company. It can take anywhere from one to six months for insurance adjusters to make a settlement offer. If the company denies the claim or the parties can’t reach an agreement, the lawyer can prepare a notice of intent to sue and file a formal lawsuit with the appropriate court.

• How do many motorcycle crashes happen?

  The most common causes for motorcycle collisions are drunk driving, exceeding the speed limit, and left turns. In 42% of all motorcycle collision fatalities, another vehicle turned left in front of an oncoming motorcycle. Motorcycle accidents are also caused by dangerous road conditions, such as crumbling pavement, debris in the road, and potholes. Other factors that contribute to motorcycle accidents include unsafe lane changes, sudden stops, lane splitting, inexperienced drivers, motorcycle defects, and car doors opened in the path of a motorcycle.

• How many motorcyclists get into accidents?

  In 2017, of the over 8 million motorcycle riders that year, approximately 89,000 were injured in motorcycle accidents and over 5,000 motorcycle collisions resulted in fatalities. The fatality rate for 100 million miles driven is 25.67, which is largely attributed to the lack of helmet use. Most fatal crashes involving motorcycles happened during the heaviest traffic times between 3 p.m. and 9 p.m.

• Are motorcycles more dangerous than cars?

  Motorcycles are more dangerous than cars because they lack any protection for the rider in the event of an accident. Motorcyclists are 27 times more likely to die in a crash and more than five times more likely to be injured than those riding in enclosed vehicles. Because of their small size, motorcycles’ lack of visibility is a major contributing factor in collisions with other vehicles. Motorcycles are also more vulnerable to weather conditions and road hazards than other automobiles.

• How do you check a motorcycle after a crash?

  For a minor crash with no injuries, the immediate danger is being struck again by oncoming traffic, so moving your bike off of the road as soon as possible is imperative. Check your mirrors, brake lights, headlight, and controls. You should also check to make sure there is no leaking fluid, such as fuel or oil.