Hiring a Motorcycle Accident Lawyer in North Carolina
The North Carolina helmet and lane-splitting rules, the deadline to sue, how lawyers usually charge (contingency fees), how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in North Carolina: fee rules
| Rules on contingency fees | Under North Carolina Rule of Professional Conduct 1.5(c), a contingent fee agreement must be in a writing signed by the client stating how the fee is determined, including the percentage(s) for settlement, trial or appeal; litigation and other expenses deducted from the recovery; and whether expenses are deducted before or after the fee is calculated. It must clearly notify the client of expenses owed whether or not the client prevails, and at the end the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined. Rule 1.5(d) bars contingent fees for defending a criminal case (except in criminal or civil asset forfeiture proceedings if not otherwise prohibited by law) and in civil cases where such a fee is prohibited by law. Rule 1.5(f) requires lawyers to tell clients about the State Bar's fee dispute program at least 30 days before suing to collect a disputed fee and to participate in good faith if the client makes a proper request. |
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| If you disagree with a lawyer's bill | The North Carolina State Bar's Fee Dispute Resolution Program (run by its Attorney-Client Assistance Department) is a free facilitation process for clients who dispute a lawyer's fee. Submit the petition (English or Spanish, downloadable or by calling (919) 828-4620) with supporting materials within three years of the last time the lawyer represented you; the State Bar sends it to the lawyer, who responds. Staff decide whether a dispute is suitable; the program cannot take a request once the lawyer has sued to collect the fee and cannot forgive or waive fees. Under Rule 1.5(f), lawyers must participate in good faith when a client makes a proper request. |
| If a lawyer takes your money | The North Carolina State Bar's Client Security Fund may reimburse, in whole or in part and at the board's sole discretion, financial losses caused by a lawyer's dishonest conduct (embezzlement or wrongful taking of money or property entrusted to the lawyer in an attorney-client or customary fiduciary relationship, such as estate executor). You must first try other ways to recover, including at minimum filing a fee dispute petition; filing a grievance is recommended. The application must be notarized and include a signed Subrogation Agreement and copies of proof of payment. Contact CSF@ncbar.gov or (919) 828-4620. |
North Carolina rules to know first
| Helmet law | All riders: a motorcycle or moped may not be operated unless the operator and all passengers wear safety helmets meeting Federal Motor Vehicle Safety Standard 218, secured with a retention strap (enclosed or roll-cage autocycles are exempt). The statute says a violation is not negligence per se or contributory negligence per se in any civil action. Source: N.C. Gen. Stat. § 20-140.4 |
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| Lane splitting | North Carolina's motorcycle statute gives motorcycles full use of a lane, forbids other vehicles from depriving a motorcycle of that use, and allows motorcycles to ride no more than two abreast in a single lane; it does not mention passing within a lane or riding between lanes. The general lane statute requires a vehicle on a roadway divided into marked lanes to be driven as nearly as practicable entirely within a single lane and not moved from it until the driver has made sure it is safe. No absence claim is made. |
| Fault rule | Contributory negligence. North Carolina has not adopted comparative fault; under its common law, a plaintiff whose own negligence contributed to the injury generally cannot recover. By statute, the defendant has the burden of proving contributory negligence. For tort claims against the state, the Industrial Commission may award damages only if there was no contributory negligence by the claimant. |
| Deadline to sue | Three years. For personal injury, the claim does not accrue until bodily harm becomes apparent or reasonably should have become apparent, but no claim may accrue more than 10 years after the defendant's last act or omission (with limited exceptions). Source: N.C. Gen. Stat. § 1-52(5), (16) |
Find and check a lawyer
| Lawyer referral service | The North Carolina Bar Association's Lawyer Referral Service (LRS) refers members of the public to attorneys through its call center (919-677-8574) or an online self-referral. Using the LRS costs $50 for an initial 30-minute consultation with the attorney; fees for longer consultations and ongoing representation are set by each lawyer. The LRS does not make pro bono referrals, but people with limited income may qualify for NC Free Legal Answers. Call center number from NCBA LRS page: https://www.ncbar.org/members/benefits/lawyer-referral-service/ |
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| Check that the lawyer is licensed | The North Carolina State Bar's online Membership Directory lists the name and contact information of State Bar members and shows whether a lawyer is active and eligible to practice in North Carolina (statuses include Active, Inactive, Suspended, Disbarred and Revoked). Search by name or by city or state; listings show member type and State Bar ID and link to any final disciplinary decision or order. |
| Check discipline history or file a complaint | The North Carolina State Bar takes complaints (grievances) about lawyers through its online complaint portal or the PDF attorney complaint form (English or Spanish), or you can email complaints@ncbar.gov to request a form. Identify the lawyer, describe specifically what the lawyer did wrong, include copies of supporting documents and any witnesses, and give your contact information. Complaints against law firms are not accepted, and a complaint cannot be withdrawn once submitted. You are notified in writing when the matter is resolved; status questions go to grievancestatus@ncbar.gov. Past orders of discipline can be searched on the State Bar's website, and directory listings link to final disciplinary orders. Past orders of discipline: https://www.ncbar.gov/lawyer-discipline/past-orders-of-discipline/orders-of-discipline/ |
Free legal help
| Free legal aid | Legal Aid of North Carolina is a statewide nonprofit law firm that provides free civil legal assistance to people with low incomes; apply online through its website. The Legal Services Corporation (LSC) lists Legal Aid of North Carolina as the LSC-funded grantee in the state. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in North Carolina
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.