Best Motorcycle Accident Lawyers in Winston Salem

FAQs

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

  The non-emergency phone number for the Winston-Salem Police Department is 336-773-7700.

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

  You can get a copy of your crash report in multiple ways.

  Online: by searching for your crash report on the Winston-Salem Police Department eCrash Database Phone: by calling the Winston-Salem Police Records Division at 336-773-7922 In-Person: by visiting the Vivian H. Burke Public Safety Center, Records Division, and asking the front desk about getting a copy of your accident report

• How much do motorcycle accident lawyers in Winston-Salem, NC charge?

  Most accident lawyers take cases on a contingency basis, that is, they only collect payment after they are successful at recovering compensation for their client. Generally, lawyers and firms collect 33% from the client’s settlement/award as payment. Hence, most accident victims don’t have to pay upfront costs from their own pocket.

• Can you claim any compensation if you are partly at fault for a motorcycle accident in Winston-Salem, NC?

  North Carolina operates under the pure contributory negligence rule, where the claimant may be barred from receiving any compensation if they are found to be even 1% at fault. Take note that the claimants’ actions must be directly contributory to the accident to be considered at fault. If the claimant was speeding, but the accident happened because the other driver ran a red light, the claimant may still get compensation. It is important to seek counsel from a Winston-Salem motorcycle accident lawyer for guidance on contributory negligence.

• How long do motorcycle accident victims have to file personal injury claims in Winston-Salem, NC?

  If you have been injured in a motorcycle accident in Winston-Salem, you must file your claim within three years from the accident date. If you are the surviving spouse/adult child or the legal representative of someone who passed away due to a motorcycle accident, you have only two years to submit wrongful death claims. The two-year statute of limitations for wrongful death cases starts from the date of the victim's passing.

• What damages can you claim after a motorcycle accident in Winston-Salem, NC?

  Motorcycle accident victims can claim compensatory and punitive damages. Compensatory damages address the victim’s expenses like medical treatment and motorcycle repairs, as well as pain and suffering and loss of enjoyment of life. Punitive damages may be awarded if the party at fault is found to have acted with malice, willful or wanton conduct, or fraud, based on the North Carolina General Statutes Section 1D-5. In motor vehicle accident cases, this may manifest as drunk driving, excessive speeding, or racing.

• Do motorcycle accident cases in Winston-Salem, NC, need to go to trial?

  Ultimately, it is the victim’s decision if they want to go to trial. Motorcycle accident lawyers in Winston-Salem work to get the maximum compensation for their clients through settlement negotiations with the insurance company. Going to trial exposes the client to added expenses, a longer wait to collect compensation, and the judgment of a jury. However, there are situations where lawyers advise to take cases to court, such as insurance companies refusing to pay fair compensation.

• 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.