Charlotte Injury Lawyer Blog

As technology improves, motorcycles like other motor vehicles are becoming safer to operate. One of the most dramatic improvements in motorcycle safety concern upgrades in the braking systems. The changes started with BMW and other European manufactures who started implementing anti-lock braking systems (ABS) in 1989. By 2000, most if not all Japanese manufacturers began offering ABS. In 2008 Harley-Davidson started offering ABS.

A study by the Insurance Institute of Highway Safety (IIHS) was released in 2008 which supported the effectiveness of ABS in preventing motorcycle crashes and preventing fatalities as a result of motorcycle crashes.

The study by the IIHS begs the question, if motorcycles are safer, why are more injuries being reported? There are several factors which have resulted in more injuries. First, there are more motorcycles on the road than ever before. Motorcycle use is no longer limited to men under the age of 40. More than ever, women are taking to the road and many baby boomers have taken up riding as a hobby in retirement. The result is far more riders on the road today than even a decade ago. Second many of the new riders are inexperienced. David Parsons, president and CEO of AAA Carolinas, is quoted in a Charlotte Observer article "inexperienced drivers and a lack of safety training is behind the growing problem in the state". The article goes on to state that North Carolina motorcycle fatalities have increased 20% in 2010 compared to the same time frame last year. Third, North Carolina does little to regulate or motorcycle riders. As Parson states, "Mandatory safety education and road tests should be required for anyone operating a motorized vehicle, especially a two-wheeler, on public streets".

It is important now more than ever to ensure that your insurance companies, from auto to medical, are treating you the way you are supposed to be treated. Under the law in North Carolina, an insurance company owes its policy holders a duty of good faith and fair dealing. Good faith is defined as the absence of the intent to defraud or to seek unconscionable advantage. Unfortunately many people are unaware of the standards their insurance carrier should be held to, and are often taken advantage of. If an insurance company violates their duty of good faith, their policy holder may file a lawsuit against them as a tort action as well as a breach of contract claim. It is extremely important to note the tort-contract distinction, because under contract law punitive damages are unavailable. However under a tort claim punitive damages are available, allowing the policy holder to recover an amount larger than the value of the policy.

The Law Offices of Hull & Chandler, P.A. often see bad faith claims arise after a client has been involved in a motor vehicle accident. It is important that you have an attorney who is knowledgeable in this area of law to assist you in pursuing a claim. The attorneys of Hull & Chandler, P.A. are committed to fighting for your rights, and ensuring that your insurance company is being held to the proper standards.