Average Motorcycle Accident Settlement in North Carolina (2024)

A motorcycle accident can have devastating effects, causing catastrophic and fatal injuries. When motorcyclists survive their injuries, they can be left with thousands in medical costs and property damage, along with lost income due to missing work. When another party is at fault for the accident, compensation can recover these costs. Many injured riders want to know the average motorcycle accident settlement in North Carolina, but it is more complicated than a single value.

Determining the average settlement for the state does not take into account the unique circumstances in each of those claims. Every motorcycle settlement will have a unique value based on the damages that the injured party suffered, the conduct of the at-fault party, the proof of fault and damages, the skill of a personal injury attorney, and many other factors. An average value does not help you estimate your own case’s damages.

Liability and Motorcycle Accidents

To recover damages from an accident, you must be able to prove that one or more parties are at fault for the accident. The settlement you can obtain will rely on the strength of the evidence proving fault. If it is very clear who is at fault for the accident, insurance providers will likely settle more quickly for a higher amount. Obtaining a higher settlement will also be easier if you have clear proof of your monetary damages.

If fault is contested, it may be harder to negotiate a settlement and more difficult to obtain the full scope of your damages.

If you are discovered to have acted negligently and contributed to the accident, this will greatly affect your settlement. Under state contributory negligence laws, you would be barred from any compensation.

Damages in Motorcycle Claims

If you can prove that another party or parties are at fault, then you can recover all compensatory damages. The value of the settlement will then rely on the value of these economic and noneconomic damages. Although some accidents result in minor injuries, this is rarely the case in motorcycle accidents. The damages that you may be able to claim include:

• Past and future medical costs
• Rehabilitative care
• Long-term at-home care
• Lost wages
• Lost earning capacity
• Property replacement or repair costs
• Pain and suffering, loss of quality of life, and other noneconomic damages

The value of your settlement relies on:

• How seriously you were injured
• The length of your recovery
• The income you typically earn each week
• If you can work while you recover
• If you are permanently disabled and unable to work

Insurance Limits for Motorcycle Settlements

In most cases, you will be filing a car insurance claim with the at-fault driver’s insurance provider. If the damages in a motorcycle accident are severe, you may exceed the maximum coverage offered by the driver’s policy.

Sometimes, this is the highest compensation you can receive. However, you may be able to recover additional damages by filing with your own provider or by filing a civil claim for personal injury. Your attorney can help you determine what options you have for a settlement.

Other Factors Impacting Motorcycle Claims

There are many other aspects of a motorcycle accident, and how you handle them can affect your final settlement. These include:

• How long you are willing to wait for a settlement. Waiting enables your attorney to investigate the case and negotiate effectively.
• The conduct of the at-fault party leading to the accident. You may be able to receive punitive damages if the party acted with gross negligence.
• Your attorney’s skill level when negotiating your settlement. A more experienced attorney is more likely to get the most compensation possible.

FAQs

Q: How Much Should I Settle for a Lower Back Injury?

A: If you suffered a lower back injury due to another person’s negligence, you may recover anywhere from $5,000 to $50,000 or as much as $600,000. More minor injuries, like sprains and strains, may end up being less. However, more serious injuries, including damage to the spinal cord, may reach the higher end of the scale. This is because the medical costs of these injuries are severe, and you may face pain or limitations of movement for the rest of your life.

Q: How Much Is Pain and Suffering Worth in a Motorcycle Accident in North Carolina?

A: The amount of pain and suffering you can obtain in a motorcycle accident in North Carolina is entirely dependent on the unique circumstances of your accident. North Carolina does not place any caps on noneconomic damages for this type of claim, so pain and suffering damages are able to be as high as you need them to be.

Of course, it’s important that the damages are fair and proportional to the harm you suffered. An injury that will heal after months of recovery will have less pain and suffering damages than an injury that permanently disables you.

Q: What Percent of Motorcycle Accidents Result in Injury or Death?

A: In 2021, according to the National Safety Council report, motorcyclists made up 14% of all traffic fatalities and 17% of all occupant fatalities despite only traveling 0.6% of the total motor vehicle miles traveled. There were 5,932 motorcyclist deaths, which is a rate of 30.05 per 100 million miles traveled. According to the same report, in the same year, the rate of the total motor vehicle deaths was 1.50 per 100 million miles traveled. There were approximately 83,000 motorcyclist injuries in the same year.

Q: What Is the Cause of Death in Most Motorcycle Accidents?

A: One of the main causes of death in most motorcycle accidents is head trauma. The National Safety Council states that one of the direct influences on whether a motorcycle accident is fatal is the use of a motorcycle helmet.

A study from 2014 to 2016 looked at patients admitted from motorcycle accidents, noting that 59.7% of injured patients had a head injury, and 85.4% of death cases had a head injury. As this study only concerns admitted patients, it may not account for riders who died at the scene of the accident.

Contact the Law Office of Lyndon R. Helton, PLLC

At the Law Office of Lyndon R. Helton, PLLC, we have worked for decades to support our communities in Burke, Caldwell, and Catawba Counties. If you were injured in a motorcycle accident, contact our team today.