Motorcycle accidents are life-altering. When the accident involves serious personal injuries, contested liability, commercial semis, or multiple plaintiffs, the ensuing legal process that awaits is in no way easier. In North Carolina, victims of injury always seek an experienced Durham Motorcycle Accident Attorney to guide them through the daunting legal maze and claim the rightful compensation they are entitled to.
A Comprehensive Investigation for Each Motorcycle Crash
For each motorcycle crash, the backbone of a strong legal case is thorough investigation. Lawyers begin by gathering all available data—the police report, eye witness testimony, highway cameras, crash pictures, and even vehicle onboard or GPS information. Motorcycle accidents have their own dynamics sometimes, either with a complete lack of protection for the rider or extremely high chances of severe injuries versus a car accident. All factors are therefore crucially significant. If liability is ever in dispute or if there is more than one car involved, a Durham attorney will even employ accident reconstruction specialists to help try to re-create what happened in the seconds leading up to the accident-a very important piece of information when trying to determine fault and constructing a good case.
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Dealing with North Carolina’s Contributory Negligence Doctrine
Probably the most troublesome aspect of North Carolina personal injury law is its contributory negligence rule. Under that heartless rule, if the injured motorcyclist was at all 1% responsible for the accident, he would be cut off from receiving any damages.
Due to this, attorneys in Durham must be extremely tactical. They outright reject any sort of possible argument which may place some blame on the rider—be it speeding, lane-splitting, or not wearing a helmet whether or not they were at fault for the accident. They use reasonable evidence and professional witnesses to bring forth irrefutable evidence that fault lies with some other person, whether it is distracted driver, road condition, or defective component in the vehicle.
Determining the Whole Amount of Damages
In more complex cases, the injuries are usually serious: traumatic brain injuries, spine injuries, fractures, or permanent impairment. The Durham attorney speaks with the doctors, the rehab professionals, and the financial professionals to assess the scope of the victim’s losses—both short-term and long-term.
These are harms:
- Emergency medical treatment and surgery
- Rehabilitation and therapy ongoing
- Loss of income or ability to work
- Suffering
- Permanently disabling or disfiguring injury
- Future medical care
Having this solid evidence in hand, lawyers can present a better case to negotiate reasonable compensation if settling or litigating.
While the majority of motorcycle accident cases resolve without a trial, Durham attorneys treat each case as if it will go to trial. That involves developing sound theories of law, obtaining compelling evidence, and obtaining witnesses who can testify on causation of the wreck, medical prognosis, or economic loss. This trial-ready approach not only strengthens the case but places more pressure on insurance companies to settle fairly. The negotiations will be more favorable for the injured cyclist when the opposing attorney is aware that the attorney is ready and willing to take the case to trial.
Representing a complex motorcycle accident case requires more than an understanding of the law—more than that, it requires precision, tenacity, and an extensive familiarity with North Carolina law. A Durham Motorcycle Accident Lawyer provides all that and so much more to injured motorcyclists, offering realistic legal advice to those injured worst. From negotiating liability to obtaining long-term settlement, an experienced attorney prevents victims from going solo following a major accident.
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