Motorcycle riding is inherently dangerous, to begin with, you are on two wheels rather than three (trykes) or four (cars/trucks) and you are exposed riding on the outside of your bike, unlike car drivers who are inside of the protective “cage” of the vehicle frame. You are more difficult to see on the road than cars and trucks, and the weight of a motorcycle is generally significantly less than any other vehicle on the road making the bike and biker the losers in any collision. Data collected from 2021 in North Carolina shows that there were 3712 motorcycle accidents in the state that year and 77% had injuries while 5% died. Nationally 1 in every 100 motorcyclists will be involved in an accident. That is a very high percentage of motorcycle accidents. Safety precautions like bright color bikes and clothes, extra lights on your bike and traveling in groups can help reduce accidents. Wearing proper clothing that has extra protection built in and is made of material that does not easily shred can help reduce the significance of injuries. While these safety measures can reduce the risks of accidents and injuries, understanding the legal landscape is equally important in protecting your rights.

Understanding Motorcycle Helmet Law in Charlotte, NC

North Carolina’s helmet laws are some of the strictest in the United States. NC requires all motorcyclist and their passengers to wear helmets that are approved by the Department of Transportation thereby meeting their safety standards. This is very different than say South Carolina where helmets are not universally required. In SC only riders under 21 years of age are required to wear a helmet. Some people think requiring adults to wear helmets infringes on their rights to decide for themselves and is the government getting too involved in their personal lives. Others think that since motorcycle riding is inherently dangerous and accidents typically result in injuries, so helmets should be required to keep down the cost of health care. In other words, they should not have to pay for medical care for head injuries that could have been avoided by wearing a helmet. Knowing the law, and your rights before you ride is important.

What the Law Says: North Carolina General Statute 20-140.4

North Carolina General Statute 20-140.4 titled Special provisions for motorcycle and mopeds addresses the states helmet requirements. The operator and passengers wear on their heads, with a retention strap properly secured, safety helmets that comply with Federal Motor Safety Standard 218. These standards are set by the Department of Transportation. They require a good sturdy helmet with at least ¾ of an inch of inner liner of polystyrene foam, they weigh about 3 pounds and have a strong/sturdy chin strap rivetted to the helmet. They are marked with a DOT stamp of approval. The helmet requirement is for highway and other public vehicular areas. Non-compliant helmets often have no liner or a very thin, soft liner and typically weigh a pound or less. A motorcyclist violating the statute can be ticketed for a violation which is an infraction requiring the payment of a penalty and court cost, but no license points or insurance surcharge shall be assessed for a violation.

Can Helmet Violations Be Used Against You in a Charlotte Injury Case?

Importantly, a violation of the statute is not negligence per se or evidence of contributory negligence in any civil action. Which means it cannot be used against a motorcyclist in a future civil lawsuit brought by the motorcyclist against an at fault party. The negligent driver cannot use a helmet law violation by the motorcyclist as a defense to the motorcyclist cause of action. This is very important to understand. North Carolina is a contributory negligence state. That means if you are one percent (1%) or more at fault in causing the accident in a Charlotte accident you are barred from any recovery. This is very different than most states. South Carolina is a great example. It has comparative negligence. In South Carolina, if you are found to be 1% at fault you can collect 99% of the value of your claim versus North Carolina where you would get nothing, zero (0). This issue goes to liability for the collision and NOT damages. The helmet law, like the seat belt for automobile drivers, cannot be used as a defense against a liability claim and the resulting damages. Wearing helmets helps save lives and reduce the number of significant injuries and in Charlotte a helmet is required, and it must meet certain safety standards set out by the Department of Transportation.

Why You Need a Motorcycle Injury Lawyer in Charlotte

Now that you understand the helmet law in North Carolina, why do you need a lawyer if you’re involved in an accident in Charlotte and someone else is at fault? Well, you want to collect all of the money you are entitled to under the law, and you want to keep as much of that money as you can, right? If your answer is yes, you want an experienced motorcycle accident lawyer. Here is why the insurance company will assign an adjuster to your case/claim. They are typically not a lawyer (in my 32 years practicing injury law I have never spoken to an adjuster with a law degree), they often don’t understand the law. If you were not wearing a helmet the adjuster may say your case is barred by contributory negligence, because they don’t know the law. Many inexperienced lawyers might not understand this as well. An experienced lawyer can educate the adjuster and get your claim accepted. Adjusters know you do not have the experience to file a lawsuit, so you really pose no threat to the adjuster. An experienced lawyer who has a history of trying cases poses an immediate threat and will be taken more seriously by the adjuster. An experienced lawyer will make sure the medical records are written so they meet the legal standard required by our courts, which them maximizes the value of your injuries. An experienced lawyer will make sure any permanent injury is properly documented, potential future medical care is included etc. Finally, when your claim is resolved either by settlement or trial, an experienced lawyer will negotiate your medical expenses to maximize what you keep in your pocket.

Final Thoughts on Motorcycle Safety and Legal Protection in Charlotte

As a motorcyclist who has been hit by a car before, and a lawyer who handles injury cases including many motorcycle injury and death cases, I know the importance of being safe, understanding the laws, and hiring an experienced motorcycle injury lawyer. Wear a helmet, drive safely within your skill set, and contact an experienced motorcycle injury lawyer if you are injured by someone’s negligence.