Motorcycle accidents don’t just damage bikes. They change lives. If you’ve been injured in a motorcycle crash in Elkin or anywhere in Wilkes, Surry and Yadkin counties, you’re likely dealing with serious injuries, mounting medical bills and an insurance company already looking for ways to pay you as little as possible.
At Partin & Cheek, P.L.L.C., we represent people, not files. Our attorneys live and work right here in Northwest North Carolina, and we understand what riders in this area are up against. Call 336-835-0100 today for a free case assessment. You don’t pay us unless we recover compensation for you.
Why motorcycle accidents cause more severe injuries
There’s no way around it: motorcycles offer far less protection than passenger vehicles. There are no airbags, no steel frame and no crumple zones absorbing the force of a collision. When a car or truck strikes a motorcycle, the rider takes the full impact.
That’s why motorcycle accidents so often result in catastrophic and life-altering injuries, including:
– Traumatic brain injuries (TBI)
– Spinal cord injuries and paralysis
– Broken bones and fractures
– Severe road rash and skin grafts
– Internal organ damage
– Crush injuries and amputations
These aren’t injuries that heal in a few weeks. Many riders face months or years of treatment, rehabilitation and ongoing medical care. Some never fully recover. The compensation you pursue needs to account for your long-term needs, not just today’s hospital bill.
Common causes of motorcycle accidents in the Elkin area
The roads throughout Wilkes, Surry and Yadkin counties present a mix of hazards for motorcyclists. Some of the most common causes of motorcycle accidents we see include:
Left-turn collisions. A driver turns left in front of an oncoming motorcycle, often claiming they “didn’t see” the rider. This is one of the most frequent and most dangerous types of motorcycle crashes.
Unsafe lane changes. Drivers fail to check blind spots or simply don’t register a motorcycle in the next lane. Under North Carolina law (N.C. Gen. Stat. § 20-146.1), 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. Drivers who violate this can be held liable.
Distracted driving. A driver checking a phone or adjusting a GPS for even a few seconds may not notice a motorcycle until it’s too late.
Failure to yield. Drivers pulling out of side roads, driveways or intersections without yielding the right of way to approaching motorcycles cause serious collisions.
Road hazards. Potholes, loose gravel, uneven pavement and debris are minor inconveniences for cars but can be deadly for riders. When poor road maintenance contributes to a crash, the responsible government entity may be liable.
If another driver’s negligence caused your accident, you have a right to pursue compensation. Call Partin & Cheek at 336-835-0100 for a free case assessment. We’ll review what happened and give you an honest evaluation of your case.
The bias against motorcyclists and how insurers exploit it
Every rider already knows this: there’s a bias against motorcyclists. Many people assume riders are reckless, that they weave through traffic, or that they were “asking for it” by riding a motorcycle in the first place.
Insurance companies know this bias exists, and they use it. Adjusters will dig through every detail of your riding history, your speed at the time of the crash and even whether you were wearing the right gear. Their goal is to shift the blame onto you. In North Carolina, even a small amount of fault can destroy your entire case.
This is why motorcycle accident claims require an attorney who understands rider bias and knows how to counter it with hard evidence: accident reconstruction, witness testimony, traffic camera footage and police reports that tell the real story of what happened.
North Carolina’s contributory negligence rule is a serious threat to riders
North Carolina follows the doctrine of pure contributory negligence, which bars recovery by the plaintiff if they’re even partially at fault (even as little as 1%). A plaintiff who was 1% negligent will receive nothing from a defendant who was 99% negligent.
This is one of the harshest negligence standards in the country. Most other states use comparative negligence, which reduces your compensation based on your share of fault. North Carolina doesn’t give you that option.
For motorcycle riders, this rule is especially dangerous. Insurance companies aggressively argue the rider was somehow at fault (riding too fast, not being visible enough, following too closely) because they know even a small amount of blame eliminates your claim entirely.
This is exactly why you need an attorney who can build a case that anticipates and defeats these arguments before they gain traction. At Partin & Cheek, we know the tactics insurance companies use against riders, and we know how to fight back.
Do North Carolina helmet laws affect your claim?
North Carolina law (N.C. Gen. Stat. § 20-140.4) requires all motorcycle operators and passengers to wear safety helmets that comply with Federal Motor Vehicle Safety Standard (FMVSS) 218, with a retention strap properly secured.
Many riders don’t realize this: violation of this provision shall not be considered negligence per se or contributory negligence per se in any civil action. In plain English, that means an insurance company cannot automatically use a helmet violation to bar your claim under North Carolina’s contributory negligence rule.
That said, insurance adjusters may still try to raise helmet use as an issue, particularly when arguing the severity of head injuries. Having an attorney who understands these nuances matters.
Steps to take after a motorcycle accident
What you do in the hours and days after a crash can make or break your case. Here’s what we recommend.
- Get medical attention immediately. Even if you feel fine, get checked out. Adrenaline masks pain, and some serious injuries (especially TBI) don’t show symptoms right away.
- Call law enforcement. Make sure there’s an official accident report documenting what happened.
- Document everything. Take photos of the scene, your injuries, vehicle damage and road conditions if you’re able.
- Don’t talk to the other driver’s insurance company. Anything you say can and will be used to minimize your claim or argue contributory negligence.
- Contact an attorney before accepting any offer. Insurance companies often make quick, lowball offers, hoping you’ll settle before you understand what your case is worth.
Compensation available in motorcycle accident cases
If another party’s negligence caused your motorcycle accident, you may be entitled to recover:
– Medical expenses (current and future treatment, surgery, rehabilitation)
– Lost wages and lost earning capacity
– Pain and suffering
– Permanent disability or disfigurement
– Property damage (motorcycle repair or replacement)
– Loss of enjoyment of life
North Carolina law gives you a three-year time limit from the date of the accident to file a personal injury claim. That might sound like plenty of time, but evidence disappears, memories fade and insurance companies use delays against you. Don’t wait.
Call 336-835-0100 to speak with a Partin & Cheek attorney about your motorcycle accident case. Your consultation is free, and there’s no obligation.
Why Elkin riders choose Partin & Cheek
When you’re hurt in a motorcycle accident, you don’t need a billboard lawyer from two hours away who will treat your case like a file number. You need attorneys who know these roads, know this community and will sit down with you face to face.
At Partin & Cheek, P.L.L.C., we’re neighbors first and attorneys second. Our team brings decades of cumulative experience to every case we take, and we don’t take every case that walks through the door. We take the ones where our clients need us most and where we can make the greatest impact. That means you receive personal attention and direct access to your attorneys, combined with the aggressive and sophisticated legal counsel your case demands.
Injured in a motorcycle accident in Elkin or anywhere in the Wilkes, Surry and Yadkin county areas? Call Partin & Cheek today at 336-835-0100 for a free case assessment. We’re located at 210 West Main Street in Elkin, and our doors are always open. You don’t pay us a thing unless we win.
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210 West Main Street,
Elkin, NC 28621 - Email Us Blake@PartinandCheeklaw.com
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Phone: 336-835-0100
Fax: 336-835-6248
Our office is conveniently located on West Main Street in downtown Elkin, NC. Whether you prefer to meet in person, give us a call, or send us an email, our team is ready to listen to your story and help you explore your legal options. We offer free consultations and are committed to making the process as straightforward as possible.