What Is the Legal Process for Filing a Motorcycle Accident Claim In North Carolina?
Being involved in a motorcycle crash is never an easy experience, and the victims must deal with the grappling financial expenses. In North Carolina, this process might be overwhelming due to the state’s complex negligence laws. It’s in your best interest to research how to deal with these types of accidents and who can help you. You need to understand the process of filing a claim after a motorcycle accident in this state.
Understanding North Carolina’s Contributory Negligence Laws
While most states follow the comparative negligence rule, where your individual damages owed to you are reduced by your percentage fault, this is not the same case with North Carolina. This state still abides by contributory negligence law. Which is an old law principle that states that if you’re found to be at 1% fault for the crash, you cannot claim damages from the other involved parties. This principle is based on the belief that everyone should behave to prevent causing harm. This perspective significantly influences the process of filing compensation claims in North Carolina, as insurance companies will thoroughly assess the parties at fault before agreeing to a settlement.
Determining Fault and Liability
For an injured individual to qualify for compensation, they must demonstrate that the other party acted carelessly. Which can be a tedious task itself. Even with this proof, the party responsible for the accident can avoid paying damages by showing that the injured individual shared some blame. You want to make sure during this situation that you keep yourself covered. It’s important to present the facts only and have evidence that shows otherwise.
It’s up to you to convincingly demonstrate that you didn’t play a role at all in the accident.
This means you must demonstrate that you were acting as a reasonable person would in similar circumstances. Typically, showing that the other party failed to exercise ordinary care, causing you direct harm will prove they were at fault. This makes it incredibly important to engage a legal professional who fully understands the intricate state laws, including those that govern the use of motorcycles in your state. After a serious motorcycle accident, hiring a lawyer such as one at Riddle & Brantley Motorcycle Accident Attorney in North Carolina can help you in gathering critical evidence related to the crash that will help prove that the other individual(s) was entirely responsible for the crash. This can include Dash Cam footage, witness reports, official police reports, and even statements from accident reconstruction experts.
Available Compensation after a Motorcycle Crash
Once you’ve established the other party’s negligence led to your crash, you can recover compensation to help cater to your damages. These settlements often come from the at-fault insurer and generally aim to cater for current and future medical bills. They also help with loss of future earning possibilities and any other financial expenses resulting from the incident, as well as money for pain and suffering. In rare cases where you can prove that the other party’s actions were deliberate and malicious, North Carolina law allows the court to award punitive damages. This is a great way to earn back all that you’ve lost during the accident.
In North Carolina, navigating the legal aftermath after a motorcycle accident can be challenging due to the state’s strict contributory negligence laws. It’s a lot for one person to handle. By understanding these laws, you can achieve clarity when seeking to file a compensation claim. Research a legal professional who is around the area. They will make sure you are covered throughout the process. Which will take stress away and give you time to recover.