North Carolina Left-Hand Turn Motorcycle Wrecks
Where you injured in a North Carolina motorcycle wreck where someone turned left across your path?
A significant number of North Carolina motorcycle cases involve a car making a left-hand turn in front of a motorcycle. As most motorcyclists know, cars routinely treat motorcyclists as if they really aren’t there leaving the motorcyclists wondering if the driver is really going to pull out in front of him. It’s a scary and dangerous situation.
Because the motorcyclist is often seriously injured in the wreck, the investigating police officer may only get one side of the story – the side from the car driver. As a result, the Accident Report may indicate that neither side was at fault or that the motorcycle was at fault. We have taken on many cases where the Accident Report was unfavorable to our client and we have proven that the wreck happened differently. Under North Carolina law, the determination of fault on the Accident Report usually means nothing and is generally not admissible at trial.
Even if the Accident Report supports the position of the motorcycle driver, the insurance company and their lawyers may still try to avoid responsibility. Unfortunately, North Carolina is one of a few states that still follows an old rule called contributory negligence. The rule of contributory negligence means that if the injured person is even 1% at fault in causing the wreck, the other driver owes them no responsibility for their injuries. Remember, insurance companies will try anything to avoid responsibility.
We have seen many cases where it appeared our client did nothing wrong but the insurance company tries to argue that our client was speeding. If the wreck happened at night, we frequently hear that “your client’s headlamp was not working.” In these nighttime cases, it is very important to secure the motorcycle quickly and have it evalauted by an expert so you can prove that the headlamp was working properly.
Proving your case for a North Carolina motorcycle wreck is not always easy and you need lawyers who know how to fight for you. If you or a family member has been injured in a wreck where a car or truck turned in front of a motorcycle and you would like more information about your rights, call Mike Malone at Hendren & Malone for a free consultation.
