Abigail Grifno is a writer and teacher based out of the Washington, DC metro area. With experience in legal non-profit organizations, Abigail works to ensure everyone has access to the legal information needed to make informed decisions in their daily lives. As a writer, Abigail has had work featured in the Washington City Paper, Bethesda Magazine and others. With a Master's in Teaching English, Abigail believes effective communication is at the forefront of problem-solving in the legal sphere and beyond.
Abigail Grifno
Abigail Grifno is a writer and teacher based out of the Washington, DC metro area. With experience in legal non-profit organizations, Abigail works to ensure everyone has access to the legal information needed to make informed decisions in their daily lives. As a writer, Abigail has had work featured in the Washington City Paper, Bethesda Magazine and others. With a Master's in Teaching English, Abigail believes effective communication is at the forefront of problem-solving in the legal sphere and beyond.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
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Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Riding through the bustling city of Charlotte with its large motorcycle community is a lot of fun for both the new and seasoned rider. But if you’ve been in a motorcycle accident, it can be difficult to enjoy the city and stressful to sort through all of the lawyers in town.
Thankfully, Forbes Advisor has compiled a list of the top motorcycle accident lawyers in Charlotte, so that you can get the help you deserve. With our advice and tips, we hope you’ll be back enjoying the beautiful city in no time.
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Best Motorcycle Attorneys in Charlotte
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Filing a Motorcycle Accident Lawsuit in North Carolina
In North Carolina, motorcycle accident cases can be a bit more complicated than car accident cases. Motorcyclists are required to abide by specific safety rules, file their case within a certain time limit, and more. Read on to learn some of the most important rules before filing your case.
North Carolina Statute of Limitations
In every state, there are statutes of limitations which determine the amount of time you have to file a civil case. After the statute of limitations expires, you are no longer able to seek compensation, as too much time has passed for a case to be fairly presented.
In North Carolina for motorcycle accidents you have three years from the date of the accident to file your case. For example, if you were injured on October 1st of 2020, you would have until October 1st of 2023 to file your case. These laws exist to protect defendants from unfair legal action, as over time important evidence like documents or witness statements can be lost.
One major caveat to the statute of limitations is that if the accident results in a wrongful death, then the person pursuing compensation has only two years to file.
If the victim was under 18 when the accident occurred, then they will have until they are 21 to file, which is three years after their 18th birthday.
Even though it may feel like you have a lot of time to file your case, it’s important not to delay the process. The earlier you get started, the easier it can be to gather evidence and contact witnesses.
North Carolina Laws for Motorcycle Drivers
North Carolina, like many states, has several additional laws and safety requirements motorcyclists must follow.
- Motorcycle permit. In North Carolina, a motorcycle rider must have either a motorcycle learner permit or a motorcycle endorsement on their license. In order to qualify for a learner permit, the rider must already have a regular or commercial driver’s license.
- Age regulations. An individual must be at least 16 to drive a motorcycle. Furthermore, if the rider is under 18, they must have a full provisional license, signed consent from a parent or guardian and have completed a motorcycle safety course.
- Helmet requirements. According to the law, both operators and passengers on motorcycles must wear a motorcycle safety helmet that complies with the Federal Motor Vehicle Safety Standard 218. These helmets have a thick inner liner, have a DOT sticker, and have a manufacturer’s label.
- The right to a full lane. In North Carolina, motorcyclists have the right to a full lane. Motorcyclists should avoid passing other vehicles in the same lane and those in automobiles should never pass a motorcyclist in the same lane.
- Insurance coverage. Motorcyclists are mandated to purchase liability insurance for their vehicle and must keep the insurance card with them whenever operating the motorcycle. Riders are required to hold at least $30,000 per person, $60,000 per accident for bodily injury and $25,000 for property damage liability.
Identifying Fault for a Motorcycle Crash
In North Carolina, it’s important to determine fault in an accident because that can determine who is required to pay for damages or injuries sustained during an accident.
North Carolina is an at-fault state, meaning that one person will ultimately be declared responsible for the accident because of their negligence. Sometimes determining fault is straightforward, especially if an individual admits fault, but in other cases fault may be determined by witnesses or camera footage.
Furthermore, North Carolina is one of the few pure contributory negligence states, meaning that in order for a victim to pursue compensation, they must be entirely fault-free from causing the injury or damages. For instance, if someone ran a red light and injured an individual, but the victim wasn’t wearing a seatbelt, the victim may not be able to pursue compensation. There are exceptions to this law, namely if an individual had a clear opportunity to prevent the accident.
How Can an Attorney Help You?
A skilled attorney will be able to help you through the entire process of filing a suit, negotiating a settlement and going to trial if necessary. Furthermore, lawyers will also be able to help analyze the case, determine the most critical evidence and calculate a reasonable settlement to ask for.
Attorneys often have experience working with insurance companies too and can respond to common arguments insurance companies make to protect their assets.
In North Carolina, attorneys generally work on contingency, meaning that you only have to pay them if they successfully obtain a verdict or settlement. Lawyers usually take approximately 33% of the compensation won, but the specific terms may vary.
Working on contingency means that there is no monetary risk to work with a lawyer, although you will still be expected to pay some court fees. On the other hand, contingency also means that lawyers are more selective with the cases they’ll work on; most only want to pursue cases they feel have a chance at winning.
Although working with a lawyer can make the process smoother and easier for the plaintiff, it isn’t required. A lawyer is not needed to file a case, and you can always pursue the case without a lawyer’s assistance. If the case is won, the plaintiff is able to keep the entirety of the settlement or verdict. However, it can be harder to win a case without a lawyer, so this is only recommended if a case is fairly straightforward or the victim is willing to learn the legalities of their case.
If you do choose to work with a lawyer, they will guide you through the entire process, answer any questions you have, work to gather evidence, and serve as your mediator. While the vast majority of cases are settled, if your case does go to court, your lawyer will also represent you in the courtroom.
How to Find the Best Motorcycle Accident Lawyer in Charlotte, North Carolina
If you plan to work with a lawyer, you’ll want to find someone who can fairly represent your case and work hard to get any compensation you deserve. Here are a few things to keep in mind when finding the right lawyer for you:
- Past experience. For lawyers, experience can greatly improve their practice, especially if they’ve dealt with cases similar to yours. Make sure to discuss your lawyer’s background to see if they have handled motorcycle cases before. They can also tell you about their professional involvements, published works, or anything else that speaks to their qualifications and skill as an attorney.
- Ability to litigate. While the majority of cases are settled through mediation, it’s always possible that a fair settlement can’t be reached and the case has to go to court. In these situations, you’ll want a lawyer with experience arguing in front of a judge and jury.
- Recommendations. If you have any friends or family who have used an attorney, ask how it went and if they have any recommendations. If you don’t know anyone with recommendations, try to find reviews of your potential attorney online.
- Fee structure. When you meet with a potential attorney, get a full picture of their process and what you can expect. While most lawyers work on contingency, you should ask your potential attorney for their specific fee structure and what other fees can be expected in the filing process.
- Personality and workflow. Lastly, but equally important, is that you’ll want to work with a lawyer you get along with. Filing a lawsuit can be a challenging and emotionally draining process, so make sure your lawyer is someone you feel confident in. To ensure they are a good fit, you can ask about their process, what their timeline is, and what their availability will be if you want additional meetings or phone calls.
Methodology
To come up with the Best Motorcycle Accident Lawyers in Charlotte in 2023, Forbes Advisor considered many factors. Forbes Advisor’s mathematical module considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & Honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
Does North Carolina have a motorcycle helmet law?
Yes. In North Carolina, both operators and passengers are required to wear a helmet that complies with the Federal Motor Vehicle Safety Standard 218. The safety helmet should have a thick inner liner, a DOT sticker and the manufacturer’s label.
Can you ride a motorcycle with a permit in North Carolina?
In North Carolina, in order to operate a motorcycle, you must have a normal, commercial or provisional driver’s license and a motorcycle learning permit. In order to receive a motorcycle endorsement on your license, you must take a motorcycle safety course, and pass a knowledge, vision and road sign test.
Do motorcyclists need insurance in North Carolina?
Motorcyclists are required to have liability insurance in North Carolina. The policy must include at least $30,000 per person, $60,000 per accident for bodily injury and $25,000 for property damage liability. Additional coverage can also help pay for physical damages or repairs.
