Were you injured in a motorcycle accident in Charlotte, North Carolina, while not wearing a helmet? You may still be entitled to compensation for your injuries. Chandler Volta Personal Injury Lawyers can help you understand your legal rights and options.
Our Charlotte motorcycle accident attorneys have over 80 years of combined experience and have recovered more than $35 million for injured clients. We know how insurance companies try to use helmet violations against riders and will not let that happen to you without a fight.
Contact our law offices today at (704) 980-9999 for a free consultation.
How Chandler Volta Personal Injury Lawyers Can Help After a No Helmet Motorcycle Accident in Charlotte, NC
Motorcyclists already face an uphill battle when it comes to pursuing a personal injury claim, and not wearing a helmet wonāt make things any easier. That said, so long as someone else was responsible for your accident, you may still be able to recover economic and non-economic damages from them that make you whole again.
Chandler Volta Personal Injury Lawyers is here to help you maximize your compensation.
When you hire our Charlotte personal injury lawyers, we can:
- Investigate your crash and gather the evidence needed to establish fault
- Identify every liable party and all available sources of insurance coverage
- Build a case that separates the helmet issue from the cause of the accident
- Retain medical experts to establish which injuries were caused by the collision itself
- Handle all negotiations with the insurance companies on your behalf
- File a lawsuit if a fair settlement cannot be reached
Reach out to our experienced Charlotte motorcycle accident attorneys today for a free case review. We work for a contingency fee, so you owe nothing in attorneyās fees unless we win compensation for you.
North Carolina’s Helmet Law and What It Means for Your Claim
North Carolina is one of the strictest states in the country when it comes to motorcycle helmets. Under N.C.G.S. Ā§ 20-140.4, all motorcycle operators and passengers are required to wear a safety helmet that meets Federal Motor Vehicle Safety Standard 218. There are no exceptions.
Riding without a compliant helmet is an infraction that carries a fine and court costs. However, this same statute includes a provision that directly protects injured riders in civil cases, including personal injury claims. The law explicitly states that failure to wear a helmet does not constitute contributory fault.
This distinction is critical in North Carolina because the state follows a contributory negligence law. Under this standard, a person who is found even 1% at fault for their accident can be completely barred from recovering compensation. Since the helmet statute carves out a specific exception, however, your decision not to wear one should not disqualify your claim on its own.
How Insurance Companies Try to Use Helmet Violations Against You
Despite the law being clear on the matter, that wonāt stop insurance companies from trying to bring helmet use into the equation.
Some of the most common tactics adjusters use to this end include:
- Arguing that head and neck injuries were caused by the absence of a helmet rather than by the crash itself
- Using the helmet violation to paint the rider as reckless in front of a jury
- Requesting medical expert opinions that attribute a portion of the injuries to the lack of protective gear
- Offering a lowball settlement early on, before the rider has a chance to speak with an attorney
Having a lawyer who understands how to push back against these strategies is essential. We can retain medical experts to help ensure that the helmet issue does not overshadow the other driver’s negligence.
How Long Do I Have to File a Motorcycle Accident Lawsuit in North Carolina?
North Carolina’s statute of limitations gives you three years from the date of your accident to file a personal injury lawsuit. If you do not take legal action within that window, you could permanently lose your right to seek compensation.
However, note that there are exceptions that can adjust this deadline for some claims. For example, there may be additional time to file if the defendant has fled the state. Itās best to contact our motorcycle accident lawyers as soon as you can to ensure you take legal action on time.
Schedule a Free Consultation With Our Charlotte No Helmet Motorcycle Accident Attorneys
Failing to wear a helmet doesnāt mean you are out of options after a motorcycle accident in Charlotte, NC. State law specifically protects riders from having a helmet violation used against them in a personal injury case. Nonetheless, the insurance companies will still try to minimize your claim however they can, making it wise to have a trusted legal advocate on your side.
Chandler Volta Personal Injury Lawyers is here to help you level the playing field and make things right. Contact our Charlotte motorcycle accident attorneys today to get started with a free consultation. Remember that with our contingency fee structure, you only pay us for our work if you win your case.