It seems like if you are on a motorcycle in North Carolina, you are starting behind the eight ball if you are involved in an accident. That is because North Carolina has a rule called Contributory Negligence.
Contributory Negligence has nothing to do with the other person’s fault. If the insurance company talks about Contributory Negligence, they acknowledge that their driver was partially at fault but claim that your negligence contributed to the accident. Unfortunately, if the insurance company can put any percentage of fault on you, even as little as 1% (one percent), the insurance company can deny your claim.
This extremely harsh rule results in you being left with nothing for your injuries and damages from the person who is 99% (ninety-nine percent) at fault. At The Law Offices of Jason E. Taylor, P.C., we are North Carolina motorcycle attorneys who are in your corner—whether you are in Charlotte, Hickory, Greenville, or anywhere in North Carolina.
Unfortunately, there is a general public bias against motorcycle operators, even if it is subconscious. The majority’s perception is that motorcyclists are “Born To Be Wild” and drive fast and take risks that the average car driver does not take.
At The motorcycle attorneys at the Law Offices of Jason E. Taylor, P.C., we understand that, in fact, overwhelmingly, the opposite is true. North Carolina requires you to have at least a special permit or Motorcycle Endorsement on your drivers’ license to operate a motorcycle on public roads. To obtain the permit or endorsement, an operator must pass a written test about the safety rules and a skills test of their operation of a motorcycle.
Motorcycle operators have to be very aware of everything going on around them because they know they are less likely to be seen by other motorists on the road. It is also much more dangerous for those on a motorcycle to take evasive action. Defensive driving is a must when you are on a motorcycle.
Motorcyclists also have to be more aware of details that the average car driver may take for granted, such as the type of clothing and protective gear they are wearing to tire tread and road surface conditions.
Another unfortunate result of motorcycle accidents is that the injuries of the motorcyclist are often much more severe. What would otherwise be a relatively minor accident between two cars can result in severe injuries like broken bones or even death. Road rash can vary from something fairly minor like an abrasion that heals on its own to very deep and requires closely monitored wound care by a medical professional. It can leave scarring that is either faint or requires plastic surgery.
North Carolina requires that anyone operating or riding on a motorcycle on a public road wear a helmet. While a helmet can significantly reduce severe injuries and death, head injuries such as concussions are common in motorcycle accidents because the helmet is often the only thing between the motorcyclists’ head and the road. A person can suffer a concussion without losing consciousness. It is vital that any potential concussion symptoms, such as nausea, vomiting, headache, confusion, or even depression, be discussed with a medical professional for proper assessment and treatment.
When it comes to riding motorcycles and all the associated risks, Jason Taylor actually walks the walk—he is an avid motorcycle rider and enthusiast and has been his entire adult life—so our office is uniquely capable of addressing the issues and challenges these specific types of claims entail. We look forward to seeing how our motorcycle attorneys in Charlotte, Hickory, Greenville, or anywhere in the State of North Carolina can help you! We even have offices in Rock Hill and Columbia, South Carolina, so if you are in Myrtle Beach for Bike Week and are seriously injured, call us to see if we can help.
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