Melrose Law is committed to helping injured motorcyclists recover and hold at-fault drivers financially responsible for the accidents they cause. We also stand beside families who have lost a loved one in a fatal motorcycle accident due to a careless driver’s mistake. We make sure they get the support they need for the future.
Our Asheville Motorcycle Accident Lawyers fully investigate your accident and secure the evidence needed to hold a driver fully accountable. Then we force car insurance companies to provide enough in support to cover everything you’ve been through. We are ready to talk to you in a free, no-obligation consultation. It’s time to focus on healing while allowing us to fight on your behalf.
Do I Need a Lawyer After a Motorcycle Accident in Asheville?
If your crash only results in very minor scrapes and cuts or just some bike damage, you may not need a lawyer’s help to file a claim and get fair treatment. However, if you suffer a more serious injury, like a broken leg, a neck or back injury, or a Traumatic Brain Injury (TBI), turning your case over to a lawyer can be critical to your case’s success.
When medical bills will run higher, it triggers insurance companies to use their well-practiced tactics to avoid liability.
The Blame Game — Insurance companies have gotten good at finding ways to pin the blame for a motorcycle accident on riders. They like to imply that all motorcyclists are reckless and are always at fault. This isn’t true, of course, but adjusters often take advantage of injured motorcyclists who don’t know how to fight back.
Casting Doubt on Injuries – Insurers also like to question the severity of the rider’s injuries. They can find doctors who might say an injury will heal quickly and won’t require a lot of expensive medical care. This can leave victims without any money to pay for care in the years ahead when an injury flares up. Adjusters can also claim that an injury was pre-existing and try to get away without providing any support.
A skilled lawyer provides protection when your case is attacked and gives you a better chance to earn everything you need for recovery. Your Melrose Law representative fully investigates what happened to you and makes sure the fault stays with the reckless driver.
Your lawyer also works with your doctors to determine what kind of financial support you may require for a lingering injury or even a permanent physical disability. A settlement offer must cover all of your necessities as you heal for as long as you are hurting and off your bike. If not, your lawyer rejects it and demands more.
Motorcycle Accident Dangers in Western North Carolina
Local motorcyclists and visitors love the challenge of a mountain ride in the fresh air. They can usually handle the steep inclines and tight curves, but as always, careless drivers remain the #1 problem.
Reckless drivers who don’t show caution around defenseless motorcyclists are hazards in any setting. But they are especially dangerous on mountainous routes like those in Asheville, Waynesville, and across WNC.
Head-On Motorcycle Collisions — Distracted drivers can hit tight curves and veer over the centerline to cause devastating head-on motorcycle accidents.
Rear-End Motorcycle Collisions — Speeding drivers can fail to brake on a hill and not leave enough time or space to come to a stop at a red light. Before they’ve come to a complete stop, they may have rear-ended a motorcyclist, sending the victim flying backward onto the car or down to the pavement.
T-Bone Motorcycle Collisions – As drivers make right or left turns, they can look out for bigger cars and trucks approaching, but somehow miss a motorcyclist coming directly at them. They can make a left turn in front of a rider who doesn’t have time to stop. They may pull out onto a highway directly in front of a motorcyclist going the same direction. There’s suddenly the full length of an SUV or Truck in the rider’s path, leading to a devastating side impact.
Accidents that would be fender-benders for the occupants of cars and trucks can easily lead to life-threatening trauma for riders. Catastrophic motorcycle injuries to the internal organs, to the spine, and the head can easily leave victims in Mission Hospital for months and threaten their lives.
Victims can be left with no way to pay their medical bills, especially after they’ve missed weeks of work and valuable paychecks. They may be struggling simply to pay the rent or mortgage, while falling behind on credit card bills. Car insurance companies are supposed to provide compensation to riders who were struck by careless drivers. But in many cases, insurers work harder to avoid having to accept full blame for what happened. Leaving those injured without any support at all.
How Many Motorcycle Accidents Occur in Asheville Each Year?
Data from NC DOT Crash Facts shows that Asheville and Buncombe County record an average of 111 motorcycle accidents each year and around 5 tragic deaths. Those figures were calculated from data taken from a recent 5-year period (2019-2023).
Sadly, the number of accidents and deaths has only been rising in the past few years. Buncombe County saw 133 motorcycle accidents in 2023, leading to at least 10 deaths. That’s a shocking leap over 2022 and 2023 totals. It remains to be seen if 2024 and 2025 numbers will continue the alarming spike in local tragedies.
- The NC DOT recorded 3,558 motorcycle accidents in total across North Carolina in 2023. Those accidents led to 196 heartbreaking fatalities.
How Can an Asheville Motorcycle Accident Lawyer Help Me Earn More?
A skilled lawyer goes on the offense and defense after you’ve been hit by a driver. They protect your case from attacks when insurers try to shift blame to you or try to question your medical diagnosis. Your Melrose Lawyer will also be collecting the evidence necessary to be able to negotiate with an insurance company at a distinct advantage. It means your attorney can ask for more.
These are the actions Melrose Law will take to win you and your family more in a motorcycle accident settlement check:
- Conducts a full investigation into your motorcycle accident
- Investigates the at-fault driver’s record
- Uses accident reconstruction teams if further evidence is needed
- Securing powerful testimony from witnesses and experts
- Using your medical records and your doctor’s assessment to determine how much support you’ll need in the future
- Handling all communications with insurers and other lawyers so you can focus on healing
- Filing your motorcycle accident claim for you and preparing to take the insurance company to court if necessary
- Prepares your case for a lawsuit if a car insurance company won’t accept full blame for your recovery costs
- Working to earn you much more than you could usually earn by handling your case yourself
If you’ve been seriously hurt in a traffic collision, you should speak to a lawyer as soon as possible. It will be easier to secure evidence and track down witnesses in the weeks after an accident. Wait too long, and evidence can disappear.
The Support We Win For WNC Motorcycle Accident Victims
Patients may expect to have their medical bills paid for and their lost income replaced, but insurance companies should go much further.
Injured motorcyclists face emotional hardships when they must be off their bikes and may even have to give up certain hobbies due to physical limitations. They can also suffer neck and back pain for years after a crash. These non-economic damages can affect their lives just as much and should always factor into a settlement offer.
Melrose Law documents every hardship injured motorcyclists must face daily. These factors must be considered when an insurance company calculates the amount it’ll offer on a settlement check. But victims don’t have to worry about how to know if a settlement is enough. An experienced lawyer will know when victims will need more and when insurance companies are holding out on them.
These are just a few of the things Melrose Law will be checking settlement offers for:
- Money to pay all of your medical bills
- Money to pay for the care you’ll need in the future
- Support to cover life with a permanent physical disability
- Support for the pain you’ll endure
- Support for the emotional trauma caused in your life
- Money to pay for travel to see specialists and surgeons
- Reimbursement for every cent you’ve lost while being out of work
- Money to replace or repair a motorcycle
- Support for families who lose a loved one in an Asheville motorcycle accident
What Type of Support Can My Family Get After Losing a Loved One to a Motorcycle Collision?
North Carolina allows a personal representative named in the victim’s will to file a wrongful death claim after a fatal accident. The compensation received in a claim can be shared among the spouse and children of the victim. The parents and siblings could also have a right to support.
If a personal representative isn’t named, a judge would name a representative for the family. This would usually be a spouse or an adult child of the victim.
Family members can expect to get help with the funeral costs that arise suddenly. They should receive assistance in paying emergency response fees from the accident and any medical bills built up before the victim passed on.
The future for these families left behind must also be considered. They should receive support for the love and guidance they’ll have to do without in the years ahead. They should also be fully compensated for the income that the victim can no longer support the family with in the future.
North Carolina Motorcycle Laws
Anyone on a motorcycle in North Carolina must wear an approved helmet. You can find out what type of helmets meet the standards on the NC DMV website.
North Carolina’s General Statutes (G.S.) lay out the law on motorcycle helmets in the state.
NC Motorcycle Helmet Law § 20-140.4.
“(a) (2) Unless the operator and all passengers thereon wear on their heads, with a retention strap properly secured, safety helmets of a type that complies with Federal Motor Vehicle Safety Standard (FMVSS) 218.
This subdivision shall not apply to an operator of, or any passengers within, an autocycle that has completely enclosed seating or is equipped with a roll bar or roll cage.”
To operate a motorcycle in North Carolina, adults must have a provisional license with a motorcycle learner’s permit or endorsement. They may also have a regular drivers license with a motorcycle learner’s permit or endorsement.
NC Motorcycle License Requirements § 20‑7.
“(a1) Motorcycles and Mopeds. – To drive a motorcycle, a person shall have one of the following:
(1) A full provisional license with a motorcycle learner’s permit.
(2) A regular drivers license with a motorcycle learner’s permit.
(3) A full provisional license with a motorcycle endorsement.
(4) A regular drivers license with a motorcycle endorsement…”
Hopeful riders 18 years old or older would need to pass a motorcycle knowledge test and a road test. Then they’d need to complete the North Carolina Motorcycle Safety Education Program Basic Rider Course or Experienced Rider Course. They could also pass any other course that’s approved by N.C. Officials.
Those under 18 could get a motorcycle learner’s permit by first getting a provisional driver’s license. Then they’d need to pass one of the safety courses mentioned above. Riders under the age of 18 cannot carry passengers.
Motorcyclists have the right to a full lane and should not be purposely blocked by drivers. They can also ride side by side with another motorcycle, but not with more than one other bike.
The Motorcyclist’s Right to the Lane § 20‑146.1.
“Operation of motorcycles. (a) All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in a single lane.”
Frequently Asked Questions
How long do I have to file a claim after a motorcycle accident in North Carolina?
North Carolina sets the statute of limitations on injury claims at three years. For a wrongful death case, families would have only two years to file a claim. Injured riders and families shouldn’t wait years to act, though. After months of delay, evidence can disappear, and witnesses can become hard to locate. Explore your options with a lawyer as soon as possible.
What if I can’t afford to pay an Asheville motorcycle accident attorney?
You don’t need any up-front money to hire excellent legal representation in Western North Carolina. Anyone can afford a lawyer. Melrose Law attorneys work on a contingency basis. It means we only get paid if we win your case. If we lose, you don’t owe anything. If we win, our fee actually comes out of the settlement money that an at-fault party must pay you.
Can I file an injury claim if a driver hits me while I’m not wearing a helmet?
Yes. You may be cited for not wearing a motorcycle helmet and have to pay a fine, but that doesn’t mean a careless driver avoids all blame for causing a collision. You could still earn full support or partial support from the driver’s insurance provider.
Contact an Asheville Motorcycle Accident Attorney
Your Melrose Law lawyer will fully investigate the circumstances of your accident. We collect all evidence to make sure the blame stays with a careless driver and an insurance company is put on alert that it will be held fully accountable.
Our lawyers offer free consultations to all motorcycle accident victims in Asheville, Waynesville, and across Western North Carolina. This informational session is confidential and comes without any obligation. Contact us to speak with a real, local lawyer today.
