Riding a motorcycle through North Carolina offers an incredible sense of freedom, from the scenic curves of the Blue Ridge Parkway to our beautiful coastal highways. Unfortunately, that freedom comes with inherent risks. Because motorcycles lack the protective frame of a car, riders are exceptionally vulnerable when careless drivers fail to share the road safely.
At Wayne Hardee Law, we understand how overwhelming and terrifying the aftermath of a crash can be. Your primary focus should always be on healing, not stressing over legal paperwork. To help you protect your health and your rights, we have put together this warm and informative Q&A on exactly what to do after a motorcycle accident in North Carolina.
Q: What are the very first steps I should take at the scene of the crash?
A: Your immediate priority is your physical safety and health. Move to a safe location if possible, and call 911.
Even if you believe you only suffered minor scrapes, it is crucial to have emergency medical personnel evaluate you at the scene. In the moments following a traumatic event, your body floods with adrenaline, which can easily mask the pain of severe internal injuries or concussion symptoms. Getting a proper medical evaluation not only protects your health but also creates an immediate official record of your injuries.
Q: Do I really need to wait for the police to arrive?
A: Yes. An official police report is one of the most vital pieces of evidence in a North Carolina injury claim.
Never let the at-fault driver talk you into settling the matter privately. When law enforcement arrives, they will secure the scene, interview witnesses, and file an official crash report. This document will detail the officer’s initial assessment of who caused the collision. Because the National Highway Traffic Safety Administration (NHTSA) consistently notes the high risks associated with motorcycle safety, having an objective police officer document the negligence of the other driver is incredibly important for your case.
Q: What kind of evidence should I gather before leaving the scene?
A: If you are physically able to do so safely, take as many photos and videos as you can.
Use your smartphone to document the positions of the vehicles, damage to your motorcycle, skid marks on the road, and any damaged safety gear, like your helmet or jacket. Additionally, be sure to collect the names, phone numbers, and insurance information of the other driver, as well as the contact information of any bystanders who witnessed the crash.
Q: Should I talk to the at-fault driver’s insurance company?
A: You should report the accident, but never give a recorded statement to the other driver’s insurance adjuster without a lawyer present.
Insurance adjusters are trained to minimize payouts. They will often call you shortly after the crash, acting friendly, while subtly trying to get you to admit partial fault. This is especially dangerous in North Carolina due to a strict law called “contributory negligence.” Under this rule, if the insurance company can prove you were even 1% responsible for the crash, you could be barred from receiving any compensation at all.
Q: Why is it so important to hire a local attorney for my case?
A: An experienced local attorney knows how to navigate North Carolina’s complex laws and will fight to maximize your compensation.
You shouldn’t have to battle corporate insurance giants while trying to recover from physical trauma. By partnering with a dedicated motorcycle accident lawyer, you level the playing field. We will handle all the communication, gather the necessary evidence, and calculate the true cost of your medical bills, lost wages, and pain and suffering.
If you or a loved one has been injured, the compassionate team at Wayne Hardee Law is here to help you navigate your personal injury claim. Give us a call today for a free consultation. We are ready to listen, protect your rights, and help you get your life back on track!
