One of the most important things to understand about this situation is that North Carolina is a “pure” contributory negligence state.
Many motorcyclists are partly to blame for their own injuries. They might have failed to wear a helmet. Perhaps they ran a red light. Maybe they were intoxicated at the time of the crash. Whatever the case may be, these situations can make it very difficult to sue and recover compensation for your injuries with the help of local lawyers. But will running a red light in Charlotte really prevent you from filing an injury lawsuit and recovering compensation? Why is this the case? Let’s find out.
An Example of a Motorcycle Running a Red Light in Charlotte
On December 9th, it was reported that a motorcyclist had been killed after running a red light in Charlotte. The accident occurred when a motorcyclist moved through an intersection while the red light was illuminated. The motorcyclist then impacted a school bus that was attempting to make a left-hand turn. The police report indicates that the motorcyclist was not wearing a helmet at the time of the crash, and that he was also speeding before the impact. The school bus driver was tested, and there were no signs of intoxication.
North Carolina is a “Pure” Contributory Negligence State
One of the most important things to understand about this situation is that North Carolina is a “pure” contributory negligence state. This means that even if you are 1% responsible for your own injuries, you cannot sue. In other words, the chances of receiving a settlement after running a red light on a motorcycle in North Carolina are infinitesimally small. The Tar Heel State is one of the few remaining states that adheres to this legal system, as most other states use some variation of the “comparative negligence” law. Under this system, victims can recover compensation even if they are partly responsible for their own injuries.
Based on the aforementioned example, is it highly unlikely that the motorcyclist’s family members will have the chance to recover a settlement or file a wrongful death lawsuit. According to the police report, this individual clearly traveled through a red light – an obvious sign of negligence. He also failed to wear a Department of Transport-approved helmet, and he was speeding at the time of the crash. These are two more signs of negligence. Under North Carolina’s pure contributory negligence system, it would be impossible for his family to hold anyone else accountable. The contributory daily system is highly controversial, and many believe it is antiquated.
Where Can I Find a Qualified Motorcycle Accident Lawyer in Charlotte?
If you’ve been searching for Charlotte motorcycle accident laywers, there are plenty of qualified legal professionals who can assist you. These North Carolina motorcycle accident lawyers can explain the ins and outs of a personal injury lawsuit during a consultation. From there, you can work with your motorcycle accident lawyers to pursue the best possible outcome in an efficient, confident manner. Book your consultation with qualified accident lawyers today.
Sources:
- https://www.qcnews.com/charlotte/new-details-released-in-fatal-motorcycle-crash-involving-school-bus-in-steele-creek/
- https://wallethub.com/answers/ci/is-north-carolina-a-no-fault-state-2140699311/
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