North Carolina Fatal Motorcycle Accident Attorney

Losing a family member in a motorcycle crash is a profoundly devastating experience. At Ward Black Law, our North Carolina fatal motorcycle accident attorneys have seen firsthand the immense pain and disruption such tragedies bring. We’re here to help you seek justice and compensation for your loss. Our firm can guide you through filing a wrongful death claim and handle your case with the utmost care and attention. Call or contact us today for a free case review with an NC fatal motorcycle accident attorney.

Our Attorneys Help Families After Fatal Motorcycle Crashes 

At Ward Black Law, we understand the lasting impact of losing a family member in a fatal motorcycle accident. With deep compassion and a commitment to justice, our team offers personalized legal support, ensuring you feel heard and respected throughout your wrongful death claim process. We have over 30 years of experience representing North Carolinians and a proven track record of success. 

Moreover, we focus on making the legal system accessible and fair, aiming to secure the compensation you deserve for your loss. Our firm’s philosophy of kindness, service, and excellence guides us as we stand beside you during this heartbreaking time. We’re here to support you through every step of filing a wrongful death suit after a motorcycle accident. 

Common Causes and Types of Fatal Motorcycle Accidents 

Fatal motorcycle accidents often result from a combination of high-risk factors and dangerous situations. Many of these crashes are preventable, resulting from negligent actions by drivers or other parties. Some of the most common causes of North Carolina fatal motorcycle wrecks include:

• Head-on collisions – When a motor vehicle and a motorcycle collide head-on, the motorcyclist’s total exposure and lack of protection can easily result in fatal injuries.
• Left-turn accidents – A common scenario in fatal motorcycle crashes is when a car turns left at an intersection without noticing an oncoming motorcycle, leading to a collision.
• Speeding – Excessive speed reduces a driver’s reaction time, increasing the likelihood of accidents and the severity of injuries in motorcycle crashes.
• Impaired driving – Driving while under the influence of alcohol or drugs greatly impairs a motorist’s judgment and coordination, making fatal accidents much more likely.
• Road hazards – Motorcycle riders are particularly vulnerable to accidents resulting from poor road conditions, such as potholes, uneven pavement, and slippery surfaces.
• Equipment defects – Defective brakes, steering systems, or other motorcycle parts can cause a rider to lose control and crash into other vehicles or stationary objects, potentially causing fatal injuries. 

What Is a Wrongful Death Lawsuit in a Motorcycle Crash Case? 

There are two legal options available for surviving family members of victims of North Carolina motorcycle crashes. The first is a wrongful death lawsuit, which aims to recover compensation for the losses surviving family members have endured, such as funeral expenses, lost future income, and the pain of losing a loved one. 

The other option is a survival action, which focuses on the pain and suffering the deceased endured from the moment of the crash until their death. Essentially, a survival action is a personal injury lawsuit the victim would have filed if they had lived. It provides compensation the accident victim could have received had they not succumbed to their injuries. 

Together, wrongful death lawsuits and survival actions provide family members with multiple ways to recover fair compensation for their emotional and financial losses after a fatal motorcycle crash. A knowledgeable lawyer can tell you whether you have cause for a fatal motorcycle accident claim in North Carolina, a survival action, or both. 

Who Can Sue for Wrongful Death After a Motorcycle Accident in North Carolina? 

According to North Carolina law, only the personal representative of the deceased’s estate can file a wrongful death claim. The personal representative is usually someone named in the motorcycle rider’s will, such as a family member or close friend. However, the court can appoint someone to serve in this role if the deceased did not designate a personal representative for their estate. 

It’s also worth noting that state law says the deadline to file wrongful death motorcycle accident lawsuits is two years from the date of death. If this deadline passes, surviving family members likely cannot recover any compensation for their losses. 

How Fault is Determined for a Motorcycle Wrongful Death Accident in North Carolina 

Fault in a wrongful death claim is usually based on the legal concept of negligence and adherence to motorcycle laws. To prove negligence, the party filing the lawsuit must show that a driver or another liable party failed to take reasonable steps to prevent the crash and caused the deceased’s fatal injuries. Examples of evidence that can help prove negligence after a wrongful death due to a motorcycle accident in NC include: 

• Police accident reports
• Medical records
• Eyewitness accounts
• Photographs and surveillance camera footage
• Expert witness testimony
• Forensic accident analysis 

It’s important to note that North Carolina has some of the harshest negligence laws in the nation. You could be barred from compensation if the opposing side proves your loved one was just one percent responsible for the fatal wreck. For this reason alone, it’s essential to consult an experienced wrongful death attorney before negotiating with the insurance company. 

Potential Compensation in Motorcycle Accident Wrongful Death and Survival Claims 

One of the critical functions of a North Carolina wrongful death lawyer is to help you maximize your compensation from a wrongful death lawsuit or survival action. Depending on the available evidence, how long your family member lived before succumbing to their motorcycle accident injuries, their funeral and medical bills, and other factors, you could potentially claim compensation for: 

• Medical expenses
• Funeral and burial costs
• Lost wages and benefits
• Your pain and suffering
• The deceased’s pain and suffering before their death
• Loss of companionship
• Punitive damages (in cases of egregious negligence)