Experienced Motorcycle Accident Lawyers

Riding a motorcycle should be enjoyable and safe, not made dangerous by another driver’s negligence. If you’ve been in a motorcycle accident, you may be dealing with the challenge of recovering from injuries while also facing the stress of pursuing fair compensation. The process can quickly feel overwhelming, especially if an insurance company tries to minimize your claim.

You don’t have to face this alone. At Marcari, Russotto, Spencer & Balaban, you’ll find an experienced motorcycle accident attorney ready to stand up for you. Our law firm provides the resources you need to hold negligent drivers accountable.

“I have gotten tired of dealing with the insurance companies and feeling like they were rushing me, so I hired Macari, Russotto, Spencer, and Balaban Attorneys at law. They took care of everything. I was able to relax, focus and recover from my injury. Very satisfied with the outcome of my case. Thank You.” — Kenya J.S.

Why Choose Marcari, Russotto, Spencer & Balaban for Your Motorcycle Accident Case

With over 200 combined years of experience fighting for accident victims, you can rely on Marcari, Russotto, Spencer & Balaban as your motorcycle accident attorneys. We focus on achieving the best possible outcome under the law.

Our Award-Winning Team Proudly Fights for Motorcycle Accident Victims

Our firm includes experienced, award-winning attorneys dedicated to helping motorcycle accident victims pursue fair settlements for their injuries. We are members of the Multi-Million Dollar Advocates Forum and have been recognized among the Top 100 Trial Lawyers by the American Trial Lawyers Association.

Our Recent Verdicts and Settlements

Our personal injury attorneys have recovered millions of dollars in compensation for personal injury cases over the decades.

• Our team recovered $1,000,000 for a motorcycle accident on Capital Blvd and I-540, where the victim died from traumatic brain injuries, organ damage, and a fractured neck after a driver ran a red light.
• We recovered $550,000 for a motorcycle accident victim in Lowell, North Carolina, after an uninsured motorist struck the rider, causing serious injuries.
• Our legal team recovered $300,000 for a motorcycle accident victim who was struck when a driver suddenly pulled in front of him on Herndon Parkway, causing the rider to crash and suffer a crushed left foot along with abrasions to his hands, thighs, and lower legs.

Testimonials

“I could have pursued bodily injury damages alone from the motorcycle accident, but I’m so glad I didn’t. Don Marcari was easy to work with, and both he and his team had my back through the entire process. Additionally, they communicated often with me to keep me posted on progress. Don knows BI law, and he put the other party’s insurance company in check. Trust me, you will want Don in your corner if you or a loved ever find yourself in need of a bodily injury attorney. I am incredibly appreciative of Don Marcari and his entire team at MRSB!” — Rod W.

“They went over & beyond what was expected even once I said I would settle my case they were still behind the scenes negotiating on my behalf and got me more money than I originally settled for so these guys were very awesome and most importantly I was the main concern.” — Carmel J.

We Pursue All Theories of Liability and All Sources of Insurance Coverage

Your insurance company and insurance adjusters may try to deny a claim or offer a quick settlement that does not meet your long-term needs. When fault is disputed, we work with investigators and accident reconstruction specialists to preserve crucial evidence. We examine circumstances such as:

• Whether the driver turned left, pulled out, changed lanes, or failed to yield the right of way
• Whether the driver was distracted by a passenger or a phone call
• Whether a third driver’s actions forced the motorcycle into another vehicle’s path
• Whether there was a defect in the motorcycle that contributed to the crash
• Whether the city or state was negligent in road design or maintenance

If the other driver is uninsured or has minimal liability coverage, we also pursue compensation under your uninsured/underinsured motorist coverage. For injured passengers, we may examine homeowners’ insurance policies to help cover medical expenses.

Motorcycle Helmet Laws

Motorcycle crashes often result in head injuries, brain damage, severe back or neck injuries, mangled limbs, and other permanent disabilities. Riders should always wear a motorcycle helmet that meets federal standards. Depending on your state’s laws, failing to wear a helmet may limit the damages you can recover in a negligence lawsuit.

North Carolina

In North Carolina, all motorcycle riders are required by law to wear a helmet that meets federal safety standards. However, failing to wear one does not automatically prove contributory negligence on the rider’s part.

South Carolina

In South Carolina, riders under age 21 must wear a state-approved helmet. Failing to comply can factor into questions of negligence. South Carolina follows modified comparative fault rules that can limit a rider’s recovery.

Virginia

In Virginia, all motorcycle riders must wear a helmet that meets or exceeds federal Department of Transportation standards or equivalent safety requirements. However, as in North Carolina, not wearing a helmet is not automatically considered contributory negligence.

Common Causes of Motorcycle Accidents

Motorcyclists face a high risk of injury each time they ride, not because of their lack of skill, but often due to another driver’s negligence, mechanical failures, and poor roadway conditions, such as potholes. Many of these accidents are preventable. Common causes of motorcycle accidents include:

• Speeding
• Alcohol and drug use
• Unsafe lane changes and lane splitting
• Left-turn accidents
• Distracted driving
• Dangerous road conditions
• Inexperienced drivers
• Dooring
• Mechanical failures

Common Motorcycle Accident Injuries

Motorcyclists have an increased risk of serious injuries because they lack the protection of a vehicle. Even seemingly minor crashes can result in significant harm. Common motorcycle accident injuries include:

• Road rash (serious skin damage from being dragged)
• Fractures and broken bones, including complex fractures requiring surgery
• Head and brain injuries, such as traumatic brain injury
• Spinal cord injuries with or without paralysis
• Lower extremity injuries, including soft tissue damage
• Neck injuries, including whiplash
• Amputations
• Fatalities

Severe injuries after a motorcycle collision are common, and these accidents often have long-term consequences. Your personal injury claim should account for all of your losses, which is why it is important to document every injury carefully. If you’ve been hurt in a motorcycle accident, contact Marcari, Russotto, Spencer & Balaban to discuss your options and protect your rights.

What to Do After a Motorcycle Accident?

After a motorcycle accident, focus on medical needs first. When possible, follow these steps:

• Get to safety. Move out of traffic if you can, but do not leave the scene.
• Call 911 to report the emergency and follow the dispatcher’s instructions.
• Do not move an injured rider unless necessary. Check their airway, breathing, and pulse. Apply pressure to any bleeding areas.
• Keep the injured person calm while waiting for emergency responders. Follow all dispatcher guidance.
• If it’s safe, gather information at the scene, including photos of damage, the overall scene, and injuries. Collect names and contact details from all involved parties and any witnesses.
• Seek medical care immediately. Even if the accident seems minor, visit an emergency room for a complete evaluation and follow all medical recommendations.
• Contact an attorney as soon as possible to understand your rights and protect your insurance claim.

What Not to Do After a Motorcycle Accident

After a motorcycle accident, what you do or say can affect your ability to recover compensation. Avoid these common mistakes:

• Do not admit fault or apologize at the scene; your words can be used against you later.
• Do not leave the crash site before authorities arrive unless you need emergency medical care.
• Do not refuse or delay medical attention, even if you feel fine, as some injuries may not be immediately obvious.
• Do not fail to call the police or obtain an official accident report, which is vital for your claim.
• Do not neglect to collect evidence such as photos, witness contact information, and scene details.
• Do not discuss the accident or your injuries on social media or with anyone except your attorney.
• Do not give a recorded or written statement to the other party’s insurance company without legal advice.
• Do not accept a quick settlement or sign any documents before completing medical treatment and consulting an attorney.
• Do not rush to repair your motorcycle before documenting the damage for your claim.
• Do not try to handle the claim alone. Contact Marcari, Russotto, Spencer & Balaban to get experienced legal help protecting your rights.

When Do You Need a Motorcycle Accident Attorney?

Hiring a motorcycle accident lawyer is an important step in protecting your rights during the recovery process. An attorney serves as your advocate, helping you gather and preserve evidence that can support your claim. Without quick action, crucial evidence can be lost, and witnesses may be harder to reach. In serious accidents, legal representation is essential to pursue all available damages.

If the insurance company disputes your claim or offers a low settlement, an attorney can negotiate on your behalf for a fair outcome. When liability is contested, having legal representation helps you challenge false accusations and prove the other party’s negligence.

For cases involving serious injuries, surgery, long-term care, or fatalities, an attorney is essential for calculating future damages and seeking maximum compensation. Even in minor accidents, consulting a lawyer like those at Marcari, Russotto, Spencer & Balaban can help you understand your rights and avoid mistakes that could hurt your claim.

What Are My Legal Options After a Motorcycle Accident?

After a motorcycle accident, personal injury law provides several ways to recover damages. Most claims involve filing against the at-fault driver’s liability insurance, since motorcycles typically are not covered under no-fault systems.

If the at-fault driver is uninsured or underinsured, you may be able to file a claim through your own uninsured/underinsured motorist (UM/UIM) coverage.

You have the right to seek compensation for losses such as lost wages, property damage, pain and suffering, and loss of enjoyment of life. If the accident is fatal, the victim’s family may pursue a wrongful death claim for funeral costs, loss of companionship, and future income.

For hit-and-run accidents, you can often rely on your own insurance if the other driver cannot be identified or located.

How Is Negligence Proved in a Motorcycle Accident Claim?

Under personal injury law, victims must prove negligence to recover damages. Negligence means the other party is legally responsible for your losses. Proving negligence involves showing these four elements:

• Duty of care: The defendant owed the plaintiff a legal duty to act with reasonable care. All drivers must operate their vehicles safely and follow traffic laws to protect others on the road, including motorcyclists.
• Breach of duty: The defendant failed to meet this duty by acting carelessly or recklessly. Examples include speeding, distracted driving, failing to yield, or breaking traffic laws.
• Causation: There must be a clear link between the defendant’s breach and the accident. The plaintiff must show that the defendant’s actions (or inactions) caused the crash and the injuries.
• Damages: The plaintiff must show actual losses from the accident, such as medical expenses, lost wages, pain and suffering, or property damage.

What Evidence Is Needed to Prove Negligence?

Evidence is essential to proving negligence. The stronger your evidence, the harder it is for the insurance company or at-fault party to dispute your claim. Types of evidence can include:

• Photos from the accident scene
• Police reports and related documentation
• Eyewitness statements
• Expert testimony, such as accident reconstruction specialists
• Medical records showing the nature and cause of injuries
• Citations for traffic violations

Not all evidence is easy to obtain. An attorney at Marcari, Russotto, Spencer & Balaban can help collect and secure evidence you may not have access to on your own, such as medical records or phone logs obtained through legal requests.

What Is My Motorcycle Case Worth?

As an injured motorcyclist, you have the right to seek compensation for damages caused by the at-fault party. The value of your case depends on factors like the severity of your injuries, medical expenses, lost wages, property damage, and how your quality of life has been affected by the accident.

For most motorcycle accidents, these factors affect the value of your claim:

• Medical expenses for past, current, and future treatment
• Lost wages due to missed work and reduced future earning capacity
• Property damage costs to repair or replace your motorcycle and other property
• Pain and suffering for physical pain, emotional distress, and loss of enjoyment of life
• Severity and permanence of injuries, with more serious injuries generally leading to higher compensation
• Liability and fault, which can reduce your recovery if you share any responsibility

Damages Recoverable in a Motorcycle Accident

Damages are the types of losses you can recover after a motorcycle accident. Most claims include these types of damages.

Economic Damages

Economic damages cover tangible financial losses that can be documented with bills, receipts, and pay stubs. These may include:

• Medical expenses (current and future)
• Lost wages and reduced earning capacity
• Property damage
• Rehabilitation costs and ongoing therapy
• Assistive devices, home modifications, and transportation for medical care
• Household services you can no longer perform because of your injuries

Non-Economic Damages

Non-economic damages cover intangible losses that don’t have a set monetary value but significantly affect your quality of life. Examples include:

• Physical pain and suffering
• Emotional distress and mental anguish
• Loss of enjoyment of life
• Disfigurement, scarring, and physical impairment or disability
• Loss of consortium (impact on close relationships)
• Diminished quality of life or shortened life expectancy

What if the At-Fault Driver Does Not Have Insurance?

If the at-fault driver in a motorcycle accident does not have insurance, the injured motorcyclist still has options for seeking compensation. The most common is filing a claim under their own uninsured/underinsured motorist (UM/UIM) coverage, which can help cover medical bills, lost wages, and sometimes property damage.

Virginia

In Virginia, all motorcycle owners are now required by law to carry minimum liability insurance. The previous option to pay a $500 Uninsured Motor Vehicle (UMV) fee has been eliminated. Riders must maintain proof of insurance to register or operate their motorcycle. Riders who purchase UM/UIM coverage can file claims with their own insurer for injuries and property damage caused by an uninsured or underinsured driver. Virginia law requires insurers to offer UM/UIM coverage with minimum limits of $50,000 per person, $100,000 per accident for bodily injury, and $25,000 for property damage.

North Carolina and South Carolina

North Carolina and South Carolina both require motorcycle owners to carry minimum liability insurance. In these states, uninsured motorist (UM) coverage is mandatory, allowing injured motorcyclists to turn to their own policy if the at-fault driver lacks insurance. Underinsured motorist (UIM) coverage is optional in North Carolina for older policies but will be automatically included on all new or renewed policies starting July 1, 2025, providing added protection when the at-fault driver’s insurance is insufficient.

Hit-and-Run Motorcycle Accidents

A hit-and-run motorcycle accident carries serious legal and practical consequences in Virginia, North Carolina, and South Carolina. In all three states, leaving the scene of an accident is a criminal offense.

Hit-and-Run in Virginia

In Virginia, a hit-and-run resulting in injury, death, or property damage over $1,000 is prosecuted as a felony, which can lead to up to 10 years in prison, large fines, and license suspension. Lesser property damage cases are treated as misdemeanors but still carry the risk of jail time and fines. Drivers are required to stop, provide their contact and insurance information, and help anyone who is injured. Failing to do so can result in criminal charges and delay emergency care.

Hit-and-Run in North Carolina or South Carolina

North Carolina and South Carolina also enforce strict penalties for hit-and-run offenses. In North Carolina, fleeing the scene can result in misdemeanor or felony charges depending on whether there were injuries or fatalities. South Carolina treats hit-and-run cases with injury or death as felonies, with substantial prison time and fines. In both states, drivers must stop, exchange information, and assist injured individuals. Criminal prosecution is likely if these requirements are ignored.

What Is Contributory Negligence?

Contributory negligence applies when a motorcycle rider is found to have contributed in any way to the accident. In states with this rule, even being 1% at fault can bar you from recovering any damages, regardless of how responsible the other driver was.

Examples of rider behaviors that might be considered contributory negligence include:

• Not wearing a helmet
• Violating traffic rules
• Using a phone while riding
• Following too closely
• Lane-splitting

Because contributory negligence can completely block your ability to recover damages, it’s important to work with a local attorney at Marcari, Russotto, Spencer & Balaban who understands these laws and can help protect your rights.

How Long Do I Have to File a Motorcycle Accident Claim?

The statute of limitations sets the time limit for filing a motorcycle accident claim, and it varies by state. Waiting too long can prevent you from recovering any compensation. While there are limited exceptions (such as for minors or incapacitated individuals), these deadlines are generally firm:

• Virginia: 2 years from the date of the accident
• North Carolina: 3 years from the date of the accident
• South Carolina: 3 years from the date of the accident

How to Choose the Right Motorcycle Accident Attorney for My Case

To choose the right motorcycle accident attorney for your case, consider these key factors:

• Look for a personal injury lawyer with experience handling motorcycle cases, local knowledge, and a proven track record.
• Schedule a free consultation to discuss your situation.
• Choose an attorney who works on a contingency fee basis, so you pay nothing upfront.
• Review client testimonials, professional ratings, and community involvement.
• Find someone who listens to you and explains the legal process clearly.
• Select an attorney who will thoroughly investigate your case and work with experts to support your claim.

For trusted representation, contact Marcari, Russotto, Spencer & Balaban to discuss your case.

Our Lawyers Are Standing By to Help With Motorcycle Accident Claims

Marcari, Russotto, Spencer & Balaban proudly represents individuals involved in personal injury matters throughout the Carolinas and Virginia. Call us today at 855-435-7247, or fill out our online contact form to schedule your free consultation. Our firm works on a contingency fee basis, so you don’t pay legal fees unless we recover compensation for you.