Can I File a Lawsuit in North Carolina if I’m in a Motorcycle Accident?

3 min read

Motorcycle accidents account for a considerable percentage of all traffic accidents in the United States, including North Carolina. According to the 2020 traffic accident statistics released by the National Highway Traffic Safety Administration (NHTSA), 6,000 motorcycle riders lost their lives to fatal crashes, which amounted to 14 percent of all deaths resulting from traffic accidents. This number has been steadily climbing for the past decade and is projected to increase in the coming years.

Motorcycle accidents can result in significant physical injuries, property loss, and financial damage to a victim and their family. In most cases, having sufficient insurance coverage does not guarantee that a victim would not have to pay for their damages from their pocket. It might become necessary to pursue legal action against the negligent parties responsible for your accident and injury. Read on as we take a brief overview of motorcycle accident lawsuits and whether you can file one yourself.

Who Is at Fault?

North Carolina law has a fault system in place when it comes to vehicular accidents, including motorcycle crashes. It refers to the fact that the person whose negligence resulted in the accident can be held responsible for the damage caused to the victim and their property. Determining negligence in a motorcycle crash is a complicated process that involves a detailed investigation into numerous variables. It also involves having expert legal assistance can prove invaluable if you are pursuing legal action against the offending driver. That way multiple parties that can assess the situation.

Statute of Limitations

A statute of limitations is a legal deadline for filing a lawsuit related to a particular incident and varies between different states in the United States according to regional law. In North Carolina, the statute of limitations is three years for all personal injury lawsuits, including motorcycle accidents. It means that you have three years from the date of the incident to seek legal remediation against the negligent party. If you fail to file a lawsuit within this period, you might lose your right to recover any damages, as your case would get dismissed in a court of law. So make sure to reach out to someone when you are in the right headspace.

Importance of Legal Representation

Enlisting the help of a competent motorcycle accident lawyer at Riddle & Brantley can make a significant difference when it comes to obtaining a favorable outcome for your legal claim. Your lawyer will discuss the specifics of your case with you to formulate a strong legal strategy. They will also collect the evidence required to prove your claim and file a lawsuit with a court of law. A competent lawyer will also help you successfully negotiate settlements with insurance companies and oversee any settlement negotiations with the opposing legal counsel. They will also represent your interests in court and provide support as you navigate the complicated legal world.


If you or your loved one got injured in a serious motorcycle accident and incurred physical, emotional, property, or economic loss, you can file a lawsuit against the negligent driver to obtain compensation. An expert North Carolina personal injury lawyer can help you formulate a strong legal defense and protect your rights as you seek justice for your claim. They will be able to review your case and see what you are owed. It’s important to reach out to a legal team as soon as you can. You don’t want to miss out on anything that you are rightfully owed.

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