Legal Help for a Traumatic Brain Injury From a Motorcycle Accident 

Traumatic brain injuries (TBIs) are an all-too-common risk for motorcyclists, who are especially vulnerable in crashes. No one sets out on a ride expecting it to end in a tragedy. When it does, having a personal injury law firm that’s prepared to fight for you can make all the difference.

Head trauma can leave you with physical, emotional, and financial losses, especially if insurance doesn’t fully cover the damage. You can sue for a TBI from a motorcycle accident if liability is disputed, you’re given a low settlement offer, or you have inadequate policy coverage. You’ll want legal guidance from an experienced motorcycle accident lawyer. At Miller Law Group, our attorneys can help you prove the circumstances of a crash and demonstrate the consequences of your injuries to give you a clear path forward.

Bikers should understand their increased risk for injuries and make smart, safe choices on the highway. Gravel, precipitation, and other road hazards pose much larger threats to vehicles on two wheels than four, and a motorcycle’s slim profile makes it less visible to motorists. These factors put motorcycle riders at a higher risk of accidents. And with fewer protective features, such as air bags and seatbelts, motorcyclists are more likely to suffer serious injuries and TBIs in a crash.

Motorcycle drivers and riders should understand how North Carolina’s roadway laws can impact a personal injury case. The state enforces a strict, universal helmet law requiring all riders, regardless of age or experience, to wear a DOT-approved helmet. Failing to comply with this law can give insurers a reason to reduce your compensation or deny your claim.

According to North Carolina crash statistics, nearly 80% of motorcycle crashes in 2023 involved injuries, and 5% of them were fatal. Motorcycles leave riders vulnerable to an array of physical harm, and mild to severe or even deadly head injuries are common, even while wearing a helmet.

After a motorcycle crash, injured riders often face steep costs for medical care, rehabilitation, and therapy. Compensation isn’t just something they deserve; it may be essential to their recovery. This grid illustrates various types of head trauma motorcycle riders may experience after a crash, including the causes, symptoms, and severity.

Recovery from any of these brain injuries can be long and uncertain. These situations turn a person’s world upside down and can make everyday tasks challenging, if not impossible. Symptoms often go beyond the physical, leading to cognitive changes, post-traumatic stress disorder (PTSD), mood disorders, and memory loss, which can make the consequences of a TBI hard to prove.

When you’re facing serious injuries from a TBI due to a crash, the last thing you’ll want to focus on is settling disputes or calculating damages. Let an attorney help. The team at Miller Law Group personal injury law firm can handle legal details so you can focus on healing.

Often, a driver who strikes a motorcycle will go to great lengths to try to blame the biker, regardless of what the evidence shows. When you’re sidelined with a brain injury, it’s essential to have an attorney you trust to advocate for you, gather evidence (from dash cams, police reports, and witnesses), and thoroughly investigate the at-fault driver. We’ll also look for evidence that illustrates that you were riding safely and responsibly, so the other party can’t try to pin any part of the accident on you.

As lawyers for your motorcycle crash, we’ll investigate all angles to make sure anyone involved is named in the lawsuit. This in-depth investigation can help identify any responsible entity and maximize your recovery. For example:

• If a defective helmet contributed to your injuries, we can pursue a product liability claim.
• If dangerous road conditions or poor signage played a role, we can investigate city officials or highway maintenance agencies for negligence.
• If the at-fault driver was impaired, we’ll investigate whether the party that supplied the alcohol may share liability under dram shop laws.

In all of these instances, we’ll gather evidence of each party’s involvement in the actions leading to the crash.

Solid documentation is necessary to prove physical injuries and financial damages were caused by another driver’s negligence. Lawyers will need to use medical records and professional opinions to prove your motorcycle accident caused the TBI, and other records or testimony can prove how the injury impacts you personally and professionally.

• CT scans and MRIs document fractures, brain bleeds, and other injuries that can cause complications later.
• Neurological assessments demonstrate losses to cognitive function, reflexes, coordination, attention span, reasoning, and emotional regulation, which can add to your pain and suffering.
• Testimony from family or friends explains cognitive or personality changes.
• Pay stubs, lost work statements, and future medical care estimates illustrate economic losses.
• Medical bills, prescription costs, fees for caregivers, and other out-of-pocket expenses show financial repercussions of the crash.

Your recovery plan shouldn’t stall while you’re going through the personal injury claim process. A motorcycle injury lawsuit can take months, if not a year or more, to receive a settlement, especially if the other driver or their insurer disputes your claim. Continue these important tasks while your lawyer prepares for litigation:

Recordkeeping is essential to proving the financial and emotional impact of the crash, and it will be instrumental in setting your compensation. Continue to monitor accident medical bills throughout the process. This will make sure invoices don’t fall through the cracks and all your procedures are accounted for.

Meticulously following your doctors’ orders is essential to recovery. Attend all follow-up appointments, take all medicine as prescribed, and participate in rehabilitation. Diligence helps prevent the at-fault party from insinuating you aren’t injured or making accusations that you’ve worsened your condition.

Medical tests, hospital stays, and treatment for a TBI from a motorcycle accident are costly, and legal action takes time. While you’re awaiting litigation, let the lawyer for your motorcycle crash help find solutions for some of your medical expenses. We understand the fine print of policies and can look into using the at-fault driver’s insurance, your auto policy, and medical liens to help cover your care. When insurance liens are involved, we can negotiate on your behalf to help you retain as much of your settlement as possible.

Severe injuries create major challenges for motorcycle riders, and without the right legal guidance, your recovery could be in jeopardy. The lawyers at Miller Law Group are here to investigate the crash, safeguard your rights, and help you move forward. Contact us today for a case review.