Shipman & Wright is the premiere choice for representation in a Fayetteville motorcycle accident. Our Fayetteville motorcycle accident attorneys understand the unique risks and challenges motorcyclists face on the road. We aim to provide you with comprehensive legal support so that you can secure the compensation and justice you deserve. With a deep understanding of North Carolina’s traffic laws and a track record of successful cases, we’re equipped to handle even the most complex cases. If you’ve been injured in a motorcycle accident, let our dedicated team of Fayetteville motorcycle accident attorneys advocate for your rights and work tirelessly on your behalf. Contact Shipman & Wright today to find out how we can assist you in your recovery journey.
Why Choose Shipman & Wright in a Fayetteville Motorcycle Accident Claim
Choosing Shipman & Wright for your Fayetteville motorcycle accident claim is a decision that puts you in an advantage over the defense. Our firm is ready to take on your claim. Here are specific reasons why Shipman & Wright stands out over other firms:
- Extensive Legal Experience: Our team of attorneys makes up over forty-five years of experience. This includes Gary Shipman, whose courtroom presence and advocacy skills underscore our firm’s capability to handle every challenge we face.
- Personalized Client Care: At Shipman & Wright, we prioritize the needs of our clients above all else. We understand the physical, emotional, and financial toll a motorcycle accident can take on an individual and their family.
- Proven Track Record of Success: Our firm’s history is marked by successful outcomes for our clients, including substantial settlements and verdicts in motorcycle accident cases.
- Contingency Fee Basis: Understanding the financial strain that can follow a motorcycle accident, Shipman & Wright offers services on a contingency fee basis. This means our clients face no upfront costs, and we only get paid if we win your case, aligning our success directly with your recovery.
Why You Need An Attorney in a Fayetteville Motorcycle Accident Claim
Securing an attorney for a Fayetteville motorcycle accident claim will maximize the compensation in your claim. Motorcycle accidents often result in serious injuries that can have long-lasting impacts on your health, finances, and overall quality of life. Here’s why having a knowledgeable Fayetteville motorcycle accident attorney by your side is essential:
- Handle All Legal Procedures: The legal processes surrounding motorcycle accident claims can be intricate and overwhelming. Our experienced personal injury attorneys in Fayetteville will handle all legal procedures, filings, and deadlines so your claim is properly presented and progresses smoothly through the legal system.
- Understanding North Carolina’s Motorcycle Laws: North Carolina has specific laws that impact motorcycle riders differently than other motorists. We have an intimate understanding of all of these laws, including helmet regulations, and lane-splitting policies, and how they affect liability and compensation in the event of an accident.
- Dealing with Insurance Companies: Insurance companies often aim to minimize payouts, using various tactics to undervalue or deny legitimate claims. We will negotiate with insurers on your behalf to make sure you receive a fair settlement that accurately reflects the full extent of your damages and losses.
- Overcoming Contributory Negligence: North Carolina’s strict contributory negligence doctrine can bar recovery if you’re found even slightly at fault for the accident. Our Fayetteville motorcycle accident lawyers will evaluate the evidence and build a strong case to demonstrate the other party’s fault and mitigate any arguments that you contributed to the accident.
Helmet Laws in Fayetteville Motorcycle Accidents
N.C.G.S. § 20-140.4 defines the motorcycle-specific laws in North Carolina for the universal helmet requirement:
“§ 20‑140.4. Special provisions for motorcycles and mopeds. (a) No person shall operate a motorcycle or moped upon a highway or public vehicular area: (1) When the number of persons upon or within such motorcycle or moped, including the operator, shall exceed the number of persons which it was designed to carry. (2) Unless the operator and all passengers thereon wear on their heads, with a retention strap properly secured, safety helmets of a type that complies with Federal Motor Vehicle Safety Standard (FMVSS) 218. This subdivision shall not apply to an operator of, or any passengers within, an autocycle that has completely enclosed seating or is equipped with a roll bar or roll cage.”
Helmets must be certified to meet FMVSS 218 standards, which include requirements for impact absorption, penetration resistance, and the effectiveness of the retention system (chin strap). Helmets typically have a DOT (Department of Transportation) label indicating compliance. Wearing an approved helmet not only ensures compliance with state law but can also be a favorable factor in the event of litigation or insurance claims following an accident. Compliance with the helmet law not only affects rider safety but also influences legal outcomes and insurance claims. In the event of an accident, the failure to wear a compliant helmet could impact the assessment of contributory negligence and the amount of compensation awarded. Insurers may also consider helmet use when determining settlements.
Contributory Negligence in Fayetteville Motorcycle Accidents
In Fayetteville, the doctrine of contributory negligence can affect the outcome for injured riders seeking compensation. This doctrine is particularly strict and only applies in a handful of states. North Carolina, unfortunately for victims, is one of the few states that follow this principle. Under contributory negligence, if an injured party is found to have even a minimal contribution to the cause of their accident, they can be barred entirely from recovering any damages from another party, even if the other party was more at fault.
Put in more simple terms, if a motorcyclist is found to be even 1% at fault for the accident, they could lose their right to claim compensation for injuries, property damage, and other losses. This could include scenarios where a motorcyclist was slightly speeding, failed to signal, or even if they were not wearing protective gear that is not legally required but could be argued to have mitigated their injuries.
The success of a motorcycle accident claim can depend on the ability to prove complete non-fault on the part of the motorcyclist. A strong lawyer will need to gather detailed evidence from the accident scene, witness statements, and expert testimonies to build a strong case that clearly demonstrates the other party’s fault. The legal team also needs to make sure no evidence presented implies any fault on behalf of the motorcyclist.
Contact Our Fayetteville Motorcycle Accident Lawyers Today
If you’ve been involved in a Fayetteville motorcycle accident, the path to recovery can be full of challenges. Having the support of experienced legal professionals is essential. Our Fayetteville motorcycle accident lawyers at Shipman & Wright are here to guide you through every step of the way. With a deep understanding of North Carolina’s motorcycle laws, including the intricacies of contributory negligence, our team is committed to advocating for your best interests. We aim to secure the compensation you deserve for your injuries, losses, and future needs. Don’t navigate this challenging time alone. Call us today to schedule a consultation.