What Happens when You Get in a Motorcycle Accident in North Carolina?

  • March 31, 2020

One of the last places you ever want to get in a motorcycle accident is in North Carolina. Although no one ever wants to get into a motorcycle accident, North Carolina is one of the least victim-friendly states when it comes to car accidents. 

The Nye Law Group told us a little bit about how motorcycle accident claims work in NC and what you can expect in the aftermath.

Let’s start by taking a look at shared fault, as motorcyclists do often share blame for the cause of an accident. In some states, you can be partially responsible for causing an accident and still be awarded compensation from the other liable party. However, North Carolina is not one of those states. 

NC practices pure contributory negligence, which means even if you are 1 percent at fault for the accident, you lose the right to compensation from the other involved party. 

This is particularly troubling for motorcyclists in North Carolina who may be traveling just over the speed limit, chose to ride without a helmet that day (which we do not recommend by the way), or was in violation of some other minor traffic law. 

The only good piece of news for motorcycle accident survivors in North Carolina is that NC has a pretty robust statute of limitations in place for personal injury cases. 

Some states will give you just six month or a year to get your claim filed in civil court, but NC allows for a maximum of three years from the date of the accident to pass before the statute of limitations will expire. This gives victims plenty of time to build a strong case against the liable party.

North Carolina may be a beautiful state, but it is not the best considering it’s contributory fault laws. Motorcyclists of all ages are required to wear helmets in North Carolina, known as a “universal helmet law”, so if you choose not to wear one, not only are you breaking the law, but the chances that you’ll be able to get justice for your injuries if you are struck by a reckless driver are also slim to none. 

While you should always be doing your best to drive safely, if you are traveling through NC or are a North Carolina resident, do yourself a favor and be especially cautious when operating your motorcycle.