The Speaks Law Firm proudly serves people throughout eastern North Carolina, including Wilmington, Fayetteville, Jacksonville, Wrightsville Beach, Carolina Beach, Bolivia, Burgaw, Whiteville, Lumberton, Leland, Shallotte, New Hanover County, Pender County, Brunswick County, Columbus County, and Robeson County.
Your Wilmington, NC, Motorcycle Accident Lawyers
The Wilmington motorcycle accident lawyers at Speaks Law Firm are here to answer your questions. We can help make sure claim is set up correctly from the very beginning. We can point out common mistakes and how to avoid them. You may not be ready choose a lawyer, but you need reliable information. We can provide it.
24 hours a day, 7 days a week you can contact us at (910) 341-7570 , via 24/7 chat (bottom right) or by filling out the “Get Help Now” form to ask questions right now.
7 Steps to a Great Settlement
After a motorcycle accident you will face more than physical challenges. You will face economic challenges, as well. The financial goal of every accident claim is to obtain a fair settlement. Injury lawyers cannot make you better physically. Quality medical care and hard work may do that. Our role is obtain money for you to help with the economic consequences of your accident. If you have been injured, you know the economic impact is real, and it is immediate.
First, this article describes the essential elements of all motor vehicle accident and injury claims. It will explain how motorcycle accidents are similar and how they are different from other auto accident claims. It will discuss sources of recovery and common mistakes in these types of claims. Next, it will inform you on what we can do to help. It will indicate to you the next steps towards the successful resolution to your claim. Finally, it contains information about the Wilmington motorcycle accident lawyers at Speaks Law Firm and why it is that we are qualified to provide this information.
1. Know the Elements of a Motorcycle Accident & Injury Claim
Liability
The motorcycle accident must be caused by the negligence of another person. A person is negligent when he or she makes a careless mistake. Usually, liability is determined at the scene by the investigating officer. It is important to review the Collision Report with an experienced motorcycle accident attorney for accuracy as soon as possible.
Damages
You must have been injured in order to have a motorcycle accident injury claim. Medical bills, lost income, permanent impairment, and pain and suffering are examples of compensable loss in motorcycle accident injury cases. All of the loss amounts totaled together are the damages in a particular accident claim.
Insurance Coverage
Most people don’t have enough money to pay for the damages that result from mistakes they make while driving. As a result, the law requires that everyone purchase insurance in case they accidentally hurt someone else. After an accident, the insurance company for the responsible driver must pay or defend the claim.
These insurance companies are businesses that seek to maximize profits by minimizing the amount they pay out in claims. In some instances, the careless driver does not have any insurance or enough insurance so the injured person must look to other sources to recover money for the damages that result.
2. Understand How Motorcycle and Auto Accident Injury Claims are Similar
In some ways, motorcycle accident claims are similar to other auto accident claims. For example, successful claims require liability, damages and insurance coverage. Also, the goal of the insurance adjuster is to save money by paying you less. The claims process has grown much more complicated.
In addition, the relationship with the attorney is the same. There is no fee for calling and asking questions. There is no obligation to work with a law firm just because you call and ask questions. There is “No Fee Unless We Recover Money” for your case. What do injury attorneys mean when they say that? Click here to find out.
3. Learn How Motorcycle and Auto Accident Injury Claims are Different
You Are Exposed to Greater Risk of Injury
Any accident can be serious, but collisions involving motorcycles can be devastating. People involved in motorcycle accidents are 26 times more likely to die and 5 times more likely to be injured. Fatalities from other types of motor vehicle accidents have fallen since 1999. However fatalities from motorcycle accidents have doubled since that time. Seat belts, airbags, and video cameras have made operating a car substantially safer. These innovations have done little to improve safety for motorcycle enthusiasts.
Your Medical Expenses and other Costs may be Greater
Accidents involving motorcycle riders can result in more severe injuries than accidents involving other types of motor vehicles. Severe injuries can lead to additional costs and expenses for the injured person. Also, permanent impairment can result. This can affect your ability to work, care for yourself or your family. It can impact your quality of life. The responsible insurance company should pay these additional costs, but the accident and the medical treatment must be properly documented from the beginning in order for that to happen.
Common causes: “I simply did not see him.”
Scenic roads, picturesque landscapes and friendly people make North Carolina a popular place to ride. It can also be dangerous. Cell phones, alcohol and inattention can place motorcyclists and their passengers in peril. Many automobile drivers focus their attention squarely on other cars and trucks. They never even see a motorcycle until it is too late.
In addition, riders are vulnerable and physically exposed to injury when they ride. They may drive more carefully as a result. Other drivers, however, have no such heightened awareness. To the contrary, two-thirds of motorcycle accidents result from the other driver’s failure to yield the right of way to a motorcycle. Because motorcycles leave operators more vulnerable and exposed to danger, the injuries sustained in these accidents can be more severe.
Injuries resulting from motorcycle accidents are different in some ways from other types of auto injuries and require that your injury lawyer has special knowledge, training and experience.
4. Investigate the Insurance Coverage
Who Will Pay for all of This?
Even though your injuries may be more severe and the value of your claim may be greater, the insurance policy for the other driver may be exactly the same. Commercial trucking accidents can produce serious injuries, but the commercial drivers are usually required to carry additional insurance in case there is an accident. After a motorcycle accident, the other driver may not have enough insurance to pay for your damages. We may have to look to other insurance policies or other sources of recovery. All motorcyclists should have $1 million dollar uninsured motorist provisions in the auto insurance policies.
5. Keep Away from Common Mistakes
Many people often make the mistake of speaking to an insurance adjuster or accepting a settlement from the other driver’s insurance company immediately after their accident. This is a mistake. It is important that you speak to an experienced motorcycle accident lawyer before you talk with the adjuster.
6. Ask an Experienced Motorcycle Accident Attorney
You may not be ready to hire a lawyer, but you are ready to ask questions. Selecting the right motorcycle accident attorney to call is important. It must be someone who is knowledgeable, experienced and effective. Also, it must be someone with whom you feel comfortable and someone you believe genuinely has your best interests in mind.
We are experienced motorcycle accident injury attorneys. We can review the investigative materials to make sure that the accident was accurately and completely investigated and documented. We may be able to get you the treatment you need even if you do not have medical insurance. We can properly document your claim by gathering police reports, witness statements, photographs, medical records, and medical bills. We can perform the legal research, loss analysis and demand calculations that are necessary. We present this documentation to the insurance company. Our knowledge, reputation and history of success helps us at every stage of this process. This comprehensive approach is an effective means to produce a successful motorcycle accident injury claim settlement.
7. Take the Next Step
The attorneys at Speaks Law Firm can answer your questions. We can also determine how much the insurance company should pay you for your claim. We can maximize the amount of recovery for your injuries. We know the laws governing motorcycle accidents. We deal with motorcycle accident claims on a daily basis. We prepare at the beginning so we usually do not have to fight in court at the end.
24 hours a day, 7 days a week call (910) 341-7570 , CHAT, or fill out our online consultation form to take the next step towards reaching your goal.
Still not sure who to call? Take a look at this article, “How to Select the Right Motorcycle Accident Lawyer“. It contains a recommended step by step approach that will help you make informed decisions about what to do next.
What Qualifies us to Provide this Information?
We have been recognized by national organizations for our experience, professionalism and results. We help good people who have been injured in accidents recover fair compensation for their injuries. We are rated “10.0” (out of a maximum of 10.0), “Superb”, and “Top Car Accident Attorney” by National Attorney ranking service Avvo.com. In addition and for three consecutive years, R. Clarke Speaks has been selected to Super Lawyers for his work in the legal field of personal injury law. R. Clarke Speaks is a member of the National Trial Lawyers Top 100 Lawyers. We have years of experience providing effective representation for people in motorcycle accident injury claims with a proven track record of success. Also, Clarke is the author of The North Carolina Auto Injury Book and produces The Road to Recovery, a magazine for people injured in traffic, workplace and industrial accidents.
The Speaks Law Firm proudly serves people throughout eastern North Carolina, including Wilmington, Fayetteville, Jacksonville, Wrightsville Beach, Carolina Beach, Bolivia, Burgaw, Whiteville, Lumberton, Leland, Shallote, New Hanover County, Pender County, Brunswick County, Columbus County, and Robeson County.
It’s Easy to Get Help
We strive to make getting help as easy as possible! All you have to do is call us and we’ll start reviewing the details of your case. We’ve got your back.
Real Results That Matter
Our attorneys fight for real results that will make a difference in our clients’ lives. If you’re entitled to compensation, we’ll pursue every dollar you deserve for your injuries and losses.
No Fees Unless We Win
We believe everyone has a right to quality legal representation. That’s why our office works on a contingency-fee basis. You won’t owe us a dime unless we win for you!
(910) 341-7570
The Recorded Statement with the Adjuster
Adjuster: “Hi. This is Cindy from Statewide Insurance Company. I understand that you were in an accident. Is that right?”
You: “Yes, it is.”
Adjuster: “Well I am sorry about that. I am going to process this claim for you. I just need to ask you a few questions to get started. Do you have a few minutes?”
You: “Yes.”
Adjuster: “Alright. Now, I am going to record our conversation for my file. Is that ok?”
You: “That is fine. I have nothing to hide.”
Adjuster: “Great. Can you tell me about the accident?”
You: “Sure. It wasn’t my fault. The other driver, he just . . . And, then I went to the hospital”.
Adjuster: “I understand.”
Adjuster: “Can you tell me, where were you coming from?”
Adjuster: “Where were you going?”
Adjuster: “What were you doing immediately before the accident?”
Adjuster: “Is there anything at all that you could have done to avoid the accident?”
Adjuster: “When was the very first moment in time that you saw the other car?”
Adjuster: “How far away was the car when you saw it?”
Adjuster: “How much time passed between the time you first saw the car and impact?”
Adjuster: “Now, please forgive me. I have to ask everyone this question. Had you had any alcohol to drink that day? Had you taken any drugs or medication?”
Adjuster: “Were you injured in any way?”
“Adjuster: “What was injured in the wreck?”
Adjuster: “Ok. Your back, neck and knee were hurt. Was anything else hurt?”
Adjuster: “Have you had problems with your neck before the accident?”
Adjuster: “Have you seen any medical professionals for these injuries?”
Notice Anything?
These are just some of the questions that an adjuster will ask. Do you notice any thing about the questions? Ask yourself two questions:
1. If the accident was completely and totally the other driver’s fault why do all of the questions relate to the injured person and not to the person who caused the accident?
2. The adjuster needs to get a recorded statement “for her file”. Oh . . . What does that mean?
Questions about the Auto Accident
Shouldn’t she already have a collision report in her file? Doesn’t the collision report say what happened? Didn’t the investigating officer perform a thorough investigation? Didn’t he obtain statements, take measurements, record weather information and document road conditions? Didn’t he prepare a detailed written report? Didn’t he indicate clearly in that written report that the collision was caused by the other driver? What else does she need “in her file”?
Questions about your Medical Treatment
Didn’t the doctor and other medical professionals perform examinations? Don’t they usually record their findings? Don’t they usually document their diagnosis and prescribed course of treatment? Aren’t the medical records readily available? Wouldn’t these records be a more accurate and thorough source of information about your medical condition than asking you to answer questions with no preparation in a casual conversation? Wouldn’t obtaining those records be a better way to get the information that she needs “in her file”?
Would you be surprised to know . . .
She already has the report. She is going to get the medical records.
So what’s with all the questions?
She is fishing. All of these questions are designed to do one thing. They are designed to gather information that can be used to pay you nothing or pay you less than you deserve. It is her job to resolve this claim in a way that is best for her employer.
The Business Model for Insurance Companies
Think about it for a moment. Insurance companies do two things. They collect premiums and pay claims. All companies seek to maximize profits. Insurance companies maximize profits by collecting as much money as possible in premiums and paying out as little as possible in claims. Her job is to help them pay out as little as possible for your claim.
Doesn’t it make sense to have someone on your side? Shouldn’t you have someone working for you? Wouldn’t it be nice to know someone is there to make sure you are treated fairly? Wouldn’t it be great to have someone who Speaks for you?
What if I told you that help was a phone call away? What if I told you that we would take care of everything? What if I told you that there would be no charge for our services unless we are successful? In decades of representing injured people, I have never seen one case where an injured person would have been better off it they had not called.
Call (910) 341-7570 24 hours a day, 7 days a week to speak with someone about your case. Or you can call for a free copy of my book The North Carolina Auto Injury Book or download it free here.
Do I need a lawyer to handle my property damage claim after an auto accident?
Property Damage Claims after an Auto Accident in North Carolina
Property damage claims arise when your car is damaged in a wreck or collision that was not your fault. The responsible driver’s insurance company will assign a property damage claims adjuster. The adjuster is responsible for resolving the claim in the way that is best for his employer. He is employed by the insurance company.
Property damage claims are generally easier to resolve than bodily injury claims. The insurance company should pay the cost to repair or replace your car. You may need a rental car. The cost to repair your car can be established by a reputable repair shop. The cost to replace can be established through on-line research. There may be an additional claim for diminution in value where your car has had extensive damage.
So, why do I need a lawyer to handle my property damage claim if I was not injured?
Chances are, you don’t. Like anything, some of these claims get complicated, but many are straight-forward. Lots of people are capable of handling this process by themselves without a lawyer. Some people change their own oil. Some people handle their own propety damage claims.
When should I get lawyer to handle my property damage claim?
However, if there is any chance that you were injured in any way in the accident, then you should call us immediately. (We are located in North Carolina. If you are in North Carolina and you may be injured, call us at (910) 341-7570. If you are outside of North Carolina, please call an injury lawyer in your state.) If you are stiff and sore then you may be injured. It is important that you get a medical examination to determine whether you are injured and whether your need treatement. Here is why:
People almost always say something in conversations with the insurance adjuster for the property damage claim that diminishes the value of their bodily injury claim. They might make a comment about the accident that causes the adjuster to deny the claim altogether. Or more commonly, they make comments about their injuries or medical treatment that dramatically reduce the value of their claim.
Most of the time, they never even know what they said. They may never know that they should have received more money. They go on thinking that is the way it works and they don’t get the medical treatment and compensation to which they are legally entitled.
If you are in North Carolina, it is best to call us now. Ask questions. Get information. Then decide how you should proceed. The information is free. There is no obligation. The adjuster knows how it works. You should, too.
How much does it cost to get a lawyer to help me with my property damage claim?
If we represent you on an injury claim, we handle the property damage for free. We don’t charge a dime. We don’t charge a fee up front. We do not charge a fee on the back-end. We do not charge a fee at all.
Why does your law firm help people with property damage claims for free when you are representing them on their injury claims?
I think we get a little more money for property damage claims than you would. It is not because we are smarter than you are. It is simply because we are more familiar with the process. It is something we do every day.
However, that is not the only reason we do it. We handle property damage claims for our injured clients in order to prevent the common mistakes that people make when they handle these claims on their own. These mistakes can cost them hundreds on a property damage claim and thousands or tens of thousands on a personal injury claim. It is our job to make sure people are treated fairly for their auto injury claims. We take that responsibility very seriously.
If you have questions about this or anything else relating to your auto injury claim, please give us a call at (910) 341-7570 or toll free at (910) 341-7570
I was injured because another driver was texting. How much money will I get for my auto accident if I get the best lawyer possible?
I was injured because another driver was texting. How much money will I get for my auto accident if I get the best lawyer possible?
Immediately after an accident, no lawyer can tell you how much money you will receive. Generally, more serious injuries result in larger settlements. However, that is an oversimplification and other issues can affect the outcome of your claim.
Other issues may include contributory negligence, insurance coverage, liens, subrogation and expenses. Medical expenses, future medical expenses, permanent injury, scarring, loss of use, loss of income must be considered. We can help you address each of these issues in a way that is most beneficial to you.
The way that we do that is by looking at your case like it is its own independent corporation. All corporations need to do two things: Maximize revenue and minimize expenses.
Also, we also position your case for successful settlement from the first day. Successful cases are those that are properly diagnosed, treated, and documented from the beginning. If any of these is missing, the case will never resolve for full value. We monitor every step of your medical care.
Sometimes people try to “do it themselves”. I understand the idea. I want to save money just like any one else. The problem is that mistakes made early in injury cases can never be completely fixed. They will always reduce or eliminate the claim’s value.
In the years I have been doing this, I have never met one person who would have been better off if they had not called.
The best thing to do is to get information before you hire a lawyer, sign a form or settle you case. Call (910) 341-7570 now for a free copy of The North Carolina Auto Injury Book or for a free explanation of your legal rights and responsibilities.
Should I give a recorded statement to insurance adjuster after an injury in auto accident?
If you have been injured in an auto accident, you will soon be contacted by an insurance adjuster. The insurance adjuster works for the insurance company, not for you. The adjuster is under no legal or moral duty to protect your rights. The adjuster may be nice and professional. He may tell you that the insurance company has accepted liability and will pay the claim. But how much will they pay? The adjuster will tell you that they cannot give you legal advice and then sit in silence as you make mistakes that could cost you thousands of dollars.
One of the first things he will do is attempt to obtain a recorded statement. Never give a recorded statement without consulting with an experienced injury attorney first. The recorded statement may seem harmless, but it is carefully designed to elicit information that may be harmful to your case. It is critical that you know your rights immediately, so that you can protect yourself from further financial harm.
You can get the information you need by calling us for a FREE consultation or by requesting my FREE book, The North Carolina Auto Injury Book, including 20 Secrets to Maximize Your Recovery. It is for sale at Amazon.com or yours free if you call (910) 341-7570 or (910) 341-7570.
What should I be looking for in a personal injury lawyer?
Look for Experience, Knowledge, Reputation, and Results
I started helping injured people in the fall of 1997. I had just graduated from law school and set up my office. I knew I wanted to work with injured people so I went around to other established injury lawyers’ offices. I gave them my card and asked them to send me the difficult cases that they did not want. They did.
For the next decade I took every difficult case that walked in the door. The only cases I would not take was where a person was lying about an accident or faking an injury. For much of that time, I did everything myself. I gathered evidence, investigated injuries, retrieved medical reports, found medical experts, collected documents, and cross-examined doctors.
I also tried cases in front of juries. I tried cases in big cities and small towns in the eastern, central and western parts of North Carolina. I won and I lost. I learned a lot from the wins. I learned more from the losses.
I really enjoyed that time. I gained knowledge and experience that comes from years of daily practive. Those lessons cannot be learned from books. I developed a reputation as an honest, hard-working lawyer who would not stop until I achieved justice for my clients.
I am very proud the work we did then and the work we do now. Although we have grown and we handle very serious injury cases, we have not changed. I am older, and hopefully a little wiser. I have never changed in my commitment. Our firm continues to use the knowledge, experience and reputation that I gained during those years to help every person we represent today. Our results and client satisfaction demonstrate that continued commitment.