Typical Motorcycle Accident Injuries in North Carolina—and How Victims Can Recover Damages
John Fitzpatrick Jr

Serving Raleigh, Durham, and the Triangle | Law Office of John Fitzpatrick

Motorcyclists face unique risks on North Carolina roads. Without the protection of a vehicle frame, even a “minor” crash can cause life-changing harm. If you or someone you love was hurt in a bike wreck, this guide explains the injuries we see most often around Raleigh–Durham and the legal pathways to pursue NC motorcycle accident compensation.

Common Injuries After a NC Motorcycle Crash

1) Road rash & soft-tissue damage.
A sliding impact can grind through clothing and skin, leading to infection risk, nerve damage, and scarring.

2) Broken bones & joint injuries.
Wrists, elbows, collarbones, ribs, hips, knees, and ankles frequently fracture on impact or when a rider tries to brace for a fall.

3) Traumatic brain injuries (TBI).
Concussions to severe TBIs can occur even at lower speeds. North Carolina law requires DOT-compliant helmets for all riders and passengers—a rule that saves lives and can reduce injury severity. (NCDOT)

4) Spinal cord injuries & herniated discs.
High-energy forces can cause partial or complete paralysis, chronic pain, and long-term mobility limits.

5) Internal organ injuries.
Blunt-force trauma may damage the spleen, liver, lungs, or kidneys; internal bleeding is a medical emergency.

6) Facial, dental & eye injuries.
Shattered visors or no eye protection can lead to lacerations, fractures, or vision loss.

7) Psychological harm.
PTSD, anxiety, and depression are common and compensable when tied to the crash.

What Makes North Carolina Motorcycle Claims Different?

The “1% rule” (Contributory Negligence)

North Carolina follows pure contributory negligence. If an insurer or jury decides you were even 1% at fault, your recovery can be barred. Importantly, the defendant has the burden to prove contributory negligence—this is set by statute. Experienced counsel can also evaluate exceptions like the Last Clear Chance doctrine. (North Carolina General Assembly)

Helmet & equipment rules matter

Because NC requires a FMVSS 218-compliant helmet for every rider and passenger, non-compliance can complicate liability disputes and damages arguments. (NCDOT)

Statutes of limitations (filing deadlines)

Missing these deadlines usually means losing your right to sue—speak with a motorcycle injury lawyer Raleigh riders trust as soon as possible.

Damages You May Recover

When fault is proven against the at-fault driver (and you’re not contributorily negligent), North Carolina law allows recovery of:

  • Economic losses: emergency care, surgeries, rehab, future medical needs, at-home care, lost wages, and loss of earning capacity.

  • Non-economic losses: pain, suffering, emotional distress, scarring, disfigurement, and loss of enjoyment of life.

  • Punitive damages (in rare cases): to punish fraud, malice, or willful/wanton conduct—capped at the greater of 3× compensatory or $250,000, with an exemption to the cap for DWI cases. (North Carolina General Assembly)

Insurance in NC Motorcycle Cases: 2025 Updates Riders Should Know

  • Minimum auto liability limits increased for policies issued or renewed on/after July 1, 2025 to $50,000/$100,000/$50,000 (per-person BI/per-accident BI/property damage). This can improve available coverage when you pursue a third-party claim against a careless driver. (NC DOI)

  • UM/UIM (uninsured/underinsured motorist) coverage rules also changed in 2025, pairing with the new liability minimums and improving how UIM benefits may be accessed on many policies. Your policy and claim timing matter—have an attorney review your declarations page and endorsements. (ncaj.com)

  • MedPay (medical payments) coverage is optional in NC. If you purchased it, MedPay can help with crash-related medical bills regardless of fault, often alongside health insurance and before a liability settlement resolves. (Miller Law Group)

 

How an Attorney Builds a Strong Motorcycle Injury Case

  • Rapid investigation: scene photos, 911 audio, dash-/traffic-cam footage, black-box data from involved vehicles, and eyewitness interviews.

  • Liability proof: reconstructing speed, lane position, lighting, and sightlines; addressing common defense arguments (e.g., “no headlight,” “unsafe lane position,” or non-compliant gear).

  • Medical documentation: linking every diagnosis (from road rash to TBI) to the crash, projecting future care and costs with treating specialists.

  • Contributory negligence defense: identifying facts and law (including Last Clear Chance) to defeat unfair fault claims. (UNC School of Government)

  • Damages strategy: presenting both economic and non-economic harm; evaluating punitive exposure if the driver was impaired (note the punitive cap exception). (Justia Law)

What To Do After a Motorcycle Crash in NC

  1. Get emergency care and follow all medical advice.

  2. Call police and ensure a report is created.

  3. Photograph vehicles, skid marks, debris fields, and your injuries.

  4. Gather information: driver ID/insurance, witnesses, nearby businesses (for cameras).

  5. Avoid recorded statements to insurers before speaking with counsel.

  6. Consult a lawyer early—deadlines apply (3-year PI / 2-year wrongful death), and contributory negligence arguments can surface quickly. (North Carolina General Assembly)

Why Choose the Law Office of John Fitzpatrick?

We know Triangle roads, local insurers, and North Carolina’s unique contributory negligence rules. From serious fractures to complex TBI cases, our team builds the proof needed to maximize NC motorcycle accident compensation. We’ll analyze your coverage (including UM/UIM and MedPay), track every bill and wage loss, and push back on unfair fault claims.

Free consultation. Speak with a motorcycle injury lawyer Raleigh riders trust—or a Durham bike crash attorney if your wreck happened in Bull City. No fee unless we recover for you.

 

In a Fix? Call on Fitz 919-683-9500

Legal References (Key NC Rules Cited)

This post is general information, not legal advice. Every case is different. For guidance about your situation, contact the Law Office of John Fitzpatrick.