Charlotte Motorcycle Accident Lawyer
Legally Reviewed by, Elizabeth VonCannon: Feb 03, 2026
If you or a loved one has been involved in a motorcycle accident, you should consult a motorcycle accident lawyer in Charlotte. Serious injuries and wrongful death resulting from motorcycle accidents can forever change the lives of families.
Our legal team includes Elizabeth VonCannon, a North Carolina State Bar licensed attorney with more than six years of experience representing injured riders. She works closely with clients throughout Charlotte and all across Mecklenburg County, taking the time to understand how a motorcycle accident has affected their health, finances, and family life.
At Stewart Law Offices, your case is handled with care and attention, and you will feel welcomed, supported, and at ease from your first conversation through resolution. Our experienced attorneys are dedicated to fighting for the rights of injured motorcyclists and demanding full compensation for all losses.
Steps to Take Immediately After a Motorcycle Accident
There are several steps individuals should take immediately after a motorcycle wreck, including:
- Call 911 to report the accident.
- Move your vehicle. Once law enforcement arrives, they will instruct you to move your motorcycle off the road, or you may receive help if injuries prevent you from moving your bike.
- Take pictures of your injuries, your bike, the other vehicle, and anything else relevant to your case. If you cannot do so, ask a friend or family member to do so for you.
- Get information from all parties present, including the driver and any witnesses. Name, phone number, email address, and address are all good to have.
- Seek medical attention. Some injuries involve delayed symptoms, and a delay in treatment can cause harm to you and your case.
- Report the accident to your insurer. But avoid going on record with statements or signing anything. Wait for an attorney’s guidance here. North Carolina law requires reporting any accident involving injury, death, or property damage exceeding $1,000.
- Call Stewart Law Offices. Our team of North Carolina motorcycle accident lawyers is ready to fight for every penny you deserve.
Some steps may be impossible to complete if you are badly injured in a crash, but our attorneys are available to launch an investigation into your case and take over all the legwork in your claim.
Why Should I Hire a Charlotte Motorcycle Accident Lawyer?
It may be more difficult for injured parties to try and recover compensation without the assistance of an experienced personal injury attorney. Even minor injuries can be serious. Major injuries can include spinal cord damage, broken bones, and brain trauma. An experienced Charlotte motorcycle accident attorney will fight to maximize your recovery. Insurance adjusters are focused on profit and will do their best to avoid paying out the full value of the claim, so they will likely lowball the settlement. Our attorneys can help you file a personal injury claim or take the case to court to seek maximum compensation.
It is essential to hire a lawyer experienced in these types of accidents. If you are unable to work or live a normal life due to the damage a motorcycle accident caused, your Charlotte personal injury lawyer can help you fight for the compensation you deserve.
Compensation for Motorcycle Accidents
North Carolina’s fault-based system provides remedies for motorcyclists who are injured by negligent drivers. Under this system, drivers are financially responsible for injuries caused due to any form of negligent driving. Pursuing compensation for victims, however, will require skilled motorcycle accident attorneys who understand North Carolina laws.
At Stewart Law Offices, our dedicated attorneys may seek compensation for:
- Past, current, and future medical expenses related to your motorcycle accident injuries
- Damage to your bike
- Lost income and reduced earning potential for the future
- Pain and suffering
To build a strong case for full compensation after a crash, our law firm will work to collect all the evidence needed to support your motorcycle accident claim.
Evidence to build a strong personal injury case may include:
- An accident reconstruction professional’s report on the crash
- Accurate eyewitness testimony
- Law enforcement accident reports
- Medical records, including notes about your treatment regimen
- Testimony from you, should you wish to offer it
- Repair estimates or the fair market value of your motorcycle
- Additional investigative work
North Carolina has a three-year statute of limitations on filing personal injury claims, so it is important that you speak with a knowledgeable attorney as soon as possible after your crash to learn about your legal options.
Can I File a Motorcycle Claim Without Insurance?
Causes of Motorcycle Crashes in Charlotte
Our motorcycle accident lawyers in Charlotte have handled a wide variety of cases over the years. Some of the most common causes of motorcycle crashes we see include:
- Left turns. Passenger cars making left-hand turns cause roughly 42% of all motorcycle-versus-car accidents. Being smaller and less visible means motorcyclists may be particularly in danger when cars run red lights or make sudden turns.
- Drivers who operate motor vehicles while under the influence. Drunk driving takes more motorcyclist lives than other forms of driver recklessness.
- Distracted drivers. Texting, fiddling with radios, fumbling around the front passenger seat, trying to apply makeup while driving, or trying to reprimand children riding in the back may cause drivers to crash into motorcycles.
- Aggressive driving. This form of reckless driving happens all too often on North Carolina highways. Changing lanes abruptly, tailgating, drifting into the motorcycle’s lane, and abrupt stops are common causes of motorcycle collisions – especially in inclement weather.
- Truckers who improperly negotiate turns. Motorcycles are hard for truckers to spot, but it’s the responsibility of truck drivers to obey the rules of the road. That means properly negotiating turns.
If you were injured in a recent motorcycle accident in North Carolina, we encourage you to retain legal help as soon as possible.
Injuries from Motorcycle Accidents
The unfortunate truth is that many motorcyclists lose their lives in crashes. The ones who survive are often left with serious injuries such as:
- Broken leg, hip, and arm bones
- Massive traumatic brain injuries
- Contusions on the face and body
- Spinal cord injuries, some of which are paralyzing
- Road rash
- Internal bleeding, which often has delayed symptoms
- Bruising
- Busted teeth, broken jawbones, and fractured orbital sockets
If you lost a loved one in a motorcycle crash, call our Charlotte wrongful death lawyers to start a claim today.
Why Motorcycle Accidents Are More Dangerous Than Car Accidents
While North Carolina authorities don’t provide motorcycle crash data at the city level, the statistics for Mecklenburg County illustrate why these accidents are much more dangerous than car accidents. The North Carolina Department of Transportation reports that of the 115 fatal traffic collisions in Mecklenburg County that occur on average every year, 14 involve motorcycles. In other words, about 12 percent of all crash deaths in the county were motorcyclists – even though motorcycles make up a little over 2 percent of all registered vehicles statewide.
What’s more, of the 262 crashes that happen in an average year, 43 involve property damage only, while 219 result in injuries. That means roughly 84 percent of reported motorcycle accidents county-wide result in injuries.
National data reflect these trends as well. The National Highway Traffic Safety Administration notes that during one recent year, motorcycle accidents accounted for almost 10 percent of fatal collisions while only making up 1 percent of overall crashes. Similarly, a report from the Federal Highway Administration states that motorcycle fatalities nationwide nearly doubled over a 20-year period, while non-motorcycle deaths dropped by about 34 percent in that same period.
Why are motorcycle crashes more likely to cause severe or fatal injuries? There are a few factors at work here, such as:
Motorcycles Provide Less Protection Than Cars
Unlike cars, motorcycles lack safety features such as airbags, seat belts, and enclosed cabins. In a crash, motorcyclists are directly exposed to impact forces, making injuries more likely and often more severe. Without a protective structure, riders absorb much of the energy from a collision.
Motorcyclists Are More Exposed When Riding
The open design of motorcycles leaves riders vulnerable to being ejected during a collision. Without the confines of a vehicle to keep them in place, motorcyclists often suffer severe injuries when thrown onto the road, into other vehicles, or against stationary objects. Ejection also increases the risk of life-threatening injuries such as head trauma or internal bleeding.
Motorcycles Are Less Stable Than Cars
Motorcycles balance on two wheels, making them inherently less stable than cars, especially during sharp turns, sudden stops, or on slippery surfaces. This lack of stability increases the likelihood of riders losing control and crashing, particularly in poor weather or challenging road conditions.
Motorcyclists Have Reduced Visibility
Motorcycles are smaller and harder to see than cars, especially in a driver’s blind spots or during low-light conditions. These factors mean many car drivers fail to notice motorcyclists, leading to accidents that could have been avoided with greater awareness. In particular, intersections are notorious motorcycle accident hotspots, as drivers often misjudge a motorcycle’s speed or distance.
Motorcyclists Have a Harder Time Avoiding Collisions
While motorcycles are agile, their small size and rapid acceleration can make sudden maneuvers unpredictable for surrounding drivers. This agility can sometimes work against riders, making it harder for other vehicles to avoid collisions with motorcyclists.
Motorcyclists Are at Risk of More Severe Injuries
In a crash, motorcyclists often hit the ground or other vehicles directly, absorbing the full force of the impact. Without a protective barrier, injuries such as fractures, head trauma, or spinal damage are far more common than in car accidents. Recovery from these injuries can be long and costly, with many victims facing permanent disabilities and impairments.
Who Can Be Held Liable in a Charlotte Motorcycle Accident
Determining liability in a motorcycle accident is crucial to recovering compensation. In North Carolina, multiple parties may share responsibility for your injuries:
Negligent Drivers
The most common liable party is another motorist who caused the accident through:
- Failure to yield the right of way
- Distracted or impaired driving
- Speeding or aggressive driving
- Violating traffic laws
- Making unsafe lane changes or turns
Trucking Companies
When a commercial truck is involved, liability may extend to:
- The truck driver for negligent operation
- The trucking company for inadequate training or unsafe hiring practices
Companies responsible for cargo loading, if improper loading contributed to the accident
Government Entities
Municipalities and the state may be liable for dangerous road conditions, poor maintenance, defective traffic signals, or hazardous construction zones without proper warnings. But if you’re filing a claim, be aware that North Carolina’s Tort Claims Act has strict notice requirements and shortened deadlines.
Motorcycle or Vehicle Manufacturers
If a defective product contributed to the accident, liable parties may include motorcycle or parts manufacturers for faulty brakes, tires, or other components, or auto manufacturers if another vehicle’s defect caused the crash.
Bars and Restaurants (Dram Shop Liability)
In North Carolina, bars and restaurants can be held liable if they serve alcohol to someone who’s visibly drunk and they cause an accident. They can also be liable if they serve alcohol to a minor who causes an accident.
Property Owners
If an accident happens on private property due to hazardous conditions, the property owner may be liable. This includes failure to maintain safe parking lots, inadequate lighting, or dangerous entrances/exits
Multiple Liable Parties
Often, more than one party is responsible. For example, a drunk driver and the bar that over-served them might both be liable. Identifying all liable parties helps maximize your compensation.
North Carolina Motorcycle Accident Laws You Should Know
Understanding North Carolina’s unique motorcycle laws is critical to protecting your rights after an accident:
Motorcycle Licensing Requirements
North Carolina requires motorcyclists to obtain a motorcycle endorsement on their driver’s license or a separate motorcycle license.
Operating a motorcycle without proper licensing can:
- Result in traffic violations and fines
- Potentially impact your ability to recover compensation if the insurance company argues you were illegally operating the vehicle
Mandatory Insurance Requirements
All motorcyclists must carry minimum liability insurance:
- $50,000
bodily injury per person - $100,000 bodily injury per accident
$50,000 property damage per accident
Uninsured motorist (UM) and underinsured motorist (UIM) coverage are required in motor vehicle liability policies, including for motorcycles, with minimum limits that match the liability coverage. You can elect to adjust or reject certain aspects (e.g., UIM if liability is at minimum), but basic UM is mandatory unless specific exceptions apply (none for standard motorcycles).
Lane Splitting Laws
Lane splitting, riding between lanes of slow-moving or stopped traffic, is not explicitly legal or illegal in North Carolina. However, it may be considered reckless or negligent, potentially impacting your claim. Insurance companies often use lane splitting as evidence of contributory negligence.
Safety Equipment Requirements
Beyond helmets, North Carolina requires:
- At least one rearview mirror
- Working headlights and taillights
- Proper exhaust systems (no excessively loud modifications)
Failure to maintain required equipment may be used to argue contributory negligence.
Contributory Negligence in North Carolina Motorcycle Accident Cases
North Carolina is one of only a few states that follows the strict doctrine of pure contributory negligence. Under this rule, you can be completely barred from recovering any compensation if you are found even slightly at fault for the accident, even as little as 1%.
Common Defenses Insurers Use
Insurance companies aggressively pursue contributory negligence defenses in motorcycle cases, often claiming:
- You were speeding (even slightly over the limit)
- You weren’t wearing proper safety gear
- You were lane splitting (illegal in NC)
- You failed to use turn signals
- You were in a blind spot
- You were driving too fast for conditions
These arguments aim to assign any percentage of fault to you to bar recovery entirely.
Overcoming Contributory Negligence Arguments
An experienced North Carolina motorcycle accident lawyer can counter these defenses by:
- Conducting thorough accident reconstruction to prove the other driver’s sole fault
- Gathering witness testimony supporting your version of events
- Obtaining surveillance, dashcam, or traffic camera footage
- Highlighting the other driver’s violations (e.g., DUI, texting, running red lights)
- Using expert witnesses to explain motorcycle operation and physics
Last Clear Chance Doctrine
North Carolina recognizes an exception to contributory negligence called the last clear chance doctrine. If the defendant had the last clear opportunity to avoid the accident but negligently failed to do so, you may still recover compensation despite your own negligence.
For example, if you were slightly speeding but the other driver saw you approaching and still made a left turn in front of you, the last clear chance doctrine might apply — allowing recovery if the defendant had the final chance to prevent the harm.
What Is My Charlotte Motorcycle Accident Claim Worth?
Every motorcycle accident case is unique, and claim values vary widely based on multiple factors. While we cannot guarantee specific results, understanding how claims are valued helps you pursue fair compensation.
Factors That Determine Claim Value
- Severity of Injuries: Severe injuries mean higher compensation. Permanent disabilities, amputations, and brain injuries get the highest settlements. Even minor injuries like road rash can pay off if they leave scars.
- Medical Expenses: Compensation covers past and future medical bills, therapy, medications, equipment, and home modifications.
- Lost Income and Earning Capacity: You can claim lost wages, benefits, bonuses, and reduced earning capacity if you can’t return to work.
- Fault and Liability: Clear liability against the other driver boosts claim value. But if you’re partly at fault, you might get nothing in North Carolina.
- Insurance Policy Limits: The at-fault driver’s coverage limits apply. Your own UM/UIM coverage and multiple liable parties can increase potential recovery.
What Reduces Claim Value
Factors That May Decrease the Value of Your Claim:
- Your Share of Responsibility: Any fault you bear for the accident (contributory negligence).
- Prior Medical Conditions: Pre-existing injuries that make it difficult to determine the accident’s role in your current condition (causation).
- Treatment Irregularities: Unexplained breaks or delays in seeking or continuing medical care (gaps in medical treatment).
- Non-Compliance: Not following the treatment plan or advice prescribed by your doctor.
- Credibility Issues: Providing contradictory or inconsistent accounts of how the accident occurred.
- Public Disclosures: Social media activity or posts that undermine or contradict the seriousness of your claimed injuries.
How Our Law Firm Can Help After a Charlotte Motorcycle Accident
After an accident, victims want answers. They’re confused, angry, and often experiencing physical pain. Working may not be an option for the foreseeable future, so medical bills and daily expenses can pile up. Despite the stress and tragedies victims face, insurers may add insult to injury by offering victims the smallest check possible to cover any “inconveniences.”
Our legal team includes Christian Gerencir, a North Carolina State Bar licensed attorney with more than eight years of experience representing injured motorcyclists and accident victims. He brings focused knowledge and steady advocacy to every case, helping clients feel supported while their claim is handled with care and determination.
The dedicated Charlotte motorcycle accident attorneys at Stewart Law Offices fight for motorcyclists and their families. We understand that nothing can reverse what happened to your bike, your body, and now your livelihood. However, we will pursue the maximum compensation possible, with the goal of getting you on the path to recovery and closure.