Winning a motorcycle wreck case in court or achieving a fair settlement in advance of trial often requires the ability to overcome common misconceptions and prejudices that exist about bikers. A motorcyclist has the legal right to use his or her entire lane of travel. It is simply no legal defense for another driver to claim "I didn't see him" or "he came out of nowhere." Experience has taught us that many jurors immediately identify with the driver of the car in these cases, because he or she can remember the times when he or she failed to notice a motorcycle, moped or pedestrian. A skilled Asheville attorney, however, can use the process of jury selection to educate these jurors about the equal rights motorcyclists deserve under the law. In addition, computer animation can be an effective tool to demonstrate convincingly that the motorcycle was clearly visible if the driver had just taken the time to "see what ought to be seen" which is the legal standard of negligence in North Carolina. We often hire accident reconstructionists to let the jury "virtually" see what happened at the time of the wreck. It is the goal of any of our injury cases to obtain a fair settlement and avoid the uncertainty and stress associated with a trial. What we have learned, however, is that unless the victim's lawyer is well known to the insurance companies and has the case fully prepared to take to court, the insurance companies will usually offer far less than the claim is worth. Waving an unloaded gun is not much of a threat, and a law firm that just settles cases and is either afraid or unprepared to go to court will not achieve fair settlements. Our opponents know that when we take a case, we take it seriously, and if the settlement offers are too low, we will go to court and achieve justice for our clients.

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