Your Guide to NC Motorcycle Laws

The Short Answer

North Carolina motorcycle laws include specific provisions to ensure the safety of riders and other motorists. The state prohibits lane-splitting and requires all riders and passengers to wear an approved helmet. In the event of an accident, riders can be barred from recovering damages if they are partially at fault. This page takes a closer look at what riders can do after an accident to protect their rights.

Key Takeaways

• Over 3,700 motorcycle accidents occur annually across the Tar Heel State.
• Driver error and distracted driving are two of the top causes of motorcycle accidents.
• Due to North Carolina’s strict contributory negligence laws, drivers cannot share responsibility for an accident.
• Motorcycle accidents can lead to product liability claims due to defective parts or faulty designs.
• North Carolina motorcycle laws require all operators and passengers to wear a DOT-approved helmet.
• Lane-splitting is not permitted on North Carolina highways, but up to 2 motorcycles can share a lane.

Motorcycle Accident Statistics in North Carolina

The North Carolina Division of Motor Vehicles reports that some 3,700 motorcycle crashes occur annually across the state. These include 2,869 injury crashes and 206 fatalities. Mopeds and scooters are involved in roughly 700 additional injury crashes every year. Even with appropriate U.S. DOT-approved helmets, riding pants, high-ankle boots, and hand and eye protection, motorcycle accidents can cause road rash and serious injuries.

Motorcycle accidents have much greater consequences for riders than for occupants of cars or trucks. Motorcycles are inherently more dangerous because they offer far less protection. There are no doors or roofs in case of a rollover, and there are no airbags to lessen the impact. It’s not surprising that motorcyclists are more likely to end up with disabling injuries, including paralysis, head injuries, vision or hearing loss, and more.

How to Determine Liability After a Motorcycle Accident

Frequently, North Carolina motorcycle accident claims come down to negligence or recklessness on the part of one or more of the drivers involved in the accident. The law requires that anyone operating a motor vehicle take active, deliberate steps to avoid causing harm to anyone else, so negligence includes both things that a driver did that they shouldn’t have done and things they did not do and should have. The driver who behaved negligently is liable for any injuries.

Strict Contributory Negligence & Conflicting Claims of Fault

In some cases, more than one of the drivers involved in the accident is determined to have behaved negligently or recklessly, complicating the claim. In these cases, it’s common for a car or truck driver (or their insurance company) to bring up the actions of the motorcycle operator as a defense against a negligence claim.

North Carolina is a strict contributory negligence state, which means that if you are determined to be even partly at fault, you are not entitled to any compensation. Never say or write anything to an insurance adjuster or anyone else involved in your claim that could be construed as an admission of fault, or you could seriously damage your claim. A large part of a motorcycle lawyer’s job is to prove that their client was not at fault.

4 Steps to Proving Negligence

Negligence claims have 4 parts or elements that the plaintiff, or person making the claim, must prove in court. Here’s how they work.

1. Duty of Care: First, the plaintiff must show that the person being sued (the defendant) was required by law to exercise reasonable care to avoid hurting someone.
2. Breach: Second, the plaintiff must prove that the defendant did not do what was required by law, that is, the defendant was not reasonably careful.
3. Causation: Next, the plaintiff must show that their injuries were a direct result of the defendant’s failure to exercise caution.
4. Damages: Finally, the plaintiff must provide medical records or other proof that they sustained actual harm, such as an injury or property damage.

Although these 4 parts are fairly straightforward, it can often be difficult to prove all 4 in court. For this reason, it’s generally a good idea to seek legal counsel if you intend to make a negligence claim.

Defective Motorcycles & Product Liability

Another common cause of motorcycle accidents is a mechanical failure of the motorcycle or another vehicle. These normally fall into 2 categories: faulty manufacturing or faulty design.

Manufacturing Errors

Problems with manufacturing include defective parts or vehicles and components that have been damaged or rendered unsafe at some point between the factory and the place where the buyer purchased the motorcycle.

Design Defects

Problems with the design include any sort of design flaw that makes the motorcycle unsafe. A common example is the handful of motorcycle designs that don’t take into account the speeds they will be driven at. At high speeds, the front wheel may become unstable and lead to crashes. Mechanics can also be held responsible for faulty repairs.

In either case, you may be able to make a product liability claim against the manufacturer or seller. Product liability claims are even more complicated than negligence claims. If you intend to make such a claim, you should seek legal counsel.

Motorcycle Lane-Splitting in NC: Is It Legal?

North Carolina does not have specific laws about lane-splitting in its Motorcyclists’ Handbook. However, law enforcement generally determines that it is illegal based on interpretations of N.C. General Statutes § 20-146, states that motor vehicles should travel in a single lane on the highway unless lane changes can be made safely. While white-lining or lane-filtering are generally forbidden under these interpretations of NC motorcycle laws, the state does permit motorcyclists to ride up to 2 abreast in each lane with the other rider’s consent. Otherwise, motorcyclists are entitled to their own full lane.

Does Lane-Splitting Affect a Rider’s Right to Compensation?

Since lane-splitting is not explicitly legal in North Carolina, it can make it more difficult to win a claim following a motorcycle accident. If you were hurt while splitting lanes, it is likely that liability for the accident will be assigned to you. Understandably, insurance providers often consider this to be reckless behavior. Because North Carolina follows the doctrine of strict contributory negligence, any error attributed to you could prevent you from receiving damages, but there are possible defenses.

Possible Defenses When Lane-Splitting

While lane-splitting can seriously damage your claim, there are ways to defend it. Typically, your best defense is to prove that you were driving safely and that another car or truck driver forced you to split lanes to avoid a possible collision. They may be considered liable for the accident if whatever they did was more reckless and more dangerous than your own actions. Witness statements and police reports are helpful in this regard. You may also wish to provide evidence of any motorcycle training courses that you have completed.

How Does Distracted Driving Affect Motorcyclists?

Riding on 2 wheels can be dangerous, even on a perfect day. While the numbers vary from source to source, a joint study between the Virginia Tech Transportation Institute and the NHTSA discovered that distracted driving was the single most common cause of motor vehicle accidents nationally. In fact, almost 80% of crashes and 65% of near misses involved distractions within the 3 seconds preceding the crash.

Over the course of a single year, over 3,300 people die and over 289,000 are hurt in distracted driving accidents. According to the Insurance Institute for Highway Safety (IIHS), 15% of all traffic fatalities involve motorcyclists. That equates to thousands of motorcycle riders dying every year because someone took their eyes off the road. Perhaps not surprisingly, cellphone use was found to be the leading cause of distraction in these incidents.

Texting Kills

Everyone knows the dangers of texting and driving. One would think that with increased awareness, the problem would decrease. That’s sadly not the case. The problem is getting worse as people refuse to give up the convenience and acknowledge that they’re engaging in dangerous behavior. In fact, NHTSA estimates that 660,000 people are using electronics while driving at any given moment.

Texting while driving doubles reaction times and makes it 11 times more likely that drivers will miss important visual cues, such as brake lights or turn signals. When motorcyclists are sharing the road with distracted drivers, the dangers can increase exponentially.

Motorcycle Accidents: Who’s At Fault?

Even experienced bikers can admit that riding is dangerous, but often, it’s not the motorcyclist who is at fault. The truth is that the majority of motorcycle accidents are caused by other motorists. In most cases, the driver fails to see the motorcyclist as they navigate traffic.

According to NHTSA, 2 out of 3 motorcycle accidents are caused by a car violating the motorcycle’s right of way. It also found that motorists failing to spot motorcycles is the leading cause of these accidents. Most frequently, cars turn into the direct path of a motorcycle traveling straight. When drivers are distracted by food, music, or technology, the problem is even worse.

What to Do After a Motorcycle Accident

As with any motor vehicle accident, it’s important to document everything possible in the wake of a motorcycle collision. Here are some tips to help record the circumstances of the accident.

1. Move your motorcycle off the road or into a safe location, if possible.
2. Do not remove your helmet or safety gear unless absolutely necessary.
3. Call 911 to notify law enforcement of the collision and ensure that an accident report is filed.
4. Check yourself for injuries, and seek medical attention even if you feel fine.
5. Exchange insurance and contact information with the other driver and any witnesses.
6. Record the details of the accident in writing while they are fresh in your mind. Note any relevant details, such as the time of the accident, road conditions, and visibility.
7. Collect your own records by photographing the scene of the accident and taking notes.
8. Keep all medical documentation and bills for any treatment related to the accident.
9. Avoid communicating with the other driver or their insurance company. Never admit fault or apologize for the accident.
10. Whether you are making a negligence claim or a product liability claim, find a motorcycle accident lawyer in Winston-Salem who has experience handling that type of case.

Getting Compensation After a Motorcycle Accident

When you’re hurt in a motorcycle accident, you deserve compensation for your injuries, medical bills, lost wages, and potential lost future earnings. Non-economic damages are available to compensate you for emotional trauma, pain and suffering, effects on your quality of life, and even your loss of comfort and relationships. Getting compensation, however, requires proving negligence on the part of the other driver, and that means getting the right legal help.

Contact Our NC Motorcycle Accident Lawyers

The right motorcycle accident attorney knows how to defend your rights and stand up to aggressive insurance companies to get the compensation you deserve. At Lewis & Keller Injury Lawyers, our North Carolina motorcycle accident lawyers in Greensboro and Winston-Salem have years of experience fighting for injured motorists and a strong track record of successful litigation. Our team will give you the best shot at recovering significant compensation for your injuries. Give us a call or complete our online contact form for a free consultation today.