Best North Carolina Motorcycle Accident Lawyer
North Carolina motorcycle accident victims are fortunate that THE Motorcycle Lawyer ^sm, Jason Waechter, is on your side. We are the motorcycle law firm that has perhaps represented more motorcycle accident clients than any other firm in North Carolina. Jason Waechter is nationally known as THE Motorcycle Lawyer ^sm  

 

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Before heading out, you should be familiar with the laws in North Carolina. Jason Waechter is nationally known as THE Motorcycle Lawyer ^sm  and provides you with up to date information on North Carolina’s motorcycle laws.

 

 

North Carolina Motorcycle Helmet Law
Whether you are heading to North Carolina to ride the Tail of the Dragon or enjoy the Blue Ridge Parkway, it is important to know the laws before you go. 

North Carolina is strict with its helmet laws. The law says all passengers and operators must wear a helmet. Furthermore, the helmet must comply with Federal Motor Vehicle Safety Standard 218. 

To be compliant, your helmet should have an about one-inch thick inner liner of polystyrene foam. In addition, your helmet should also have the “DOT” sticker permanently installed on the back of the helmet. Buying and putting a “DOT” sticker on your helmet does not make you compliant with the law. The sticker has to be from the original manufacturer. 

The helmet must also have the manufacturer's identification, model, date of manufacture, size, shell type, and the materials of the liner. 

 

Statute § 20-140.4.  Special provisions for motorcycles and mopeds.

(a) No person shall operate a motorcycle or moped upon a highway or public vehicular area:
(1) When the number of persons upon or within such motorcycle or moped, including the operator, shall exceed the number of persons which it was designed to carry.
(2) Unless the operator and all passengers thereon wear on their heads, with a retention strap properly secured, safety helmets of a type that complies with Federal Motor Vehicle Safety Standard (FMVSS) 218. This subdivision shall not apply to an operator of, or any passengers within, an autocycle that has completely enclosed seating or is equipped with a roll bar or roll cage.
(b) Violation of any provision of this section shall not be considered negligence per se or contributory negligence per se in any civil action.
(c) Any person convicted of violating this section shall have committed an infraction and shall pay a penalty of twenty-five dollars and fifty cents ($25.50) plus the following court costs: the General Court of Justice fee provided for in G.S. 7A-304(a)(4), the telephone facilities fee provided for in G.S. 7A-304(a)(2a), and the law enforcement training and certification fee provided for in G.S. 7A-304(a)(3b). Conviction of an infraction under this section has no other consequence.        

 

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Penalties

As stated above in section (c) of the statute, the penalty for not wearing a helmet is  $25.50 plus court costs.

 

 

North Carolina Motorcycle License Requirements 

You must have a motorcycle endorsement or a motorcycle learner’s permit on your license to operate a motorcycle in North Carolina. The endorsement or permit is shown on your driver’s license once you pass the required tests.

You can get your endorsement at the same time you test for your driver’s license. The motorcycle endorsement includes a knowledge test in addition to a skills test. 

If you want to take the knowledge test but are not ready for the skills test, you can apply for a motorcycle learner’s permit as long as you have a full provisional or regular license.

To apply for a motorcycle learner permit you must have the following:

• Full provisional, regular, or commercial driver’s license
• Pass a motorcycle knowledge test
• Pass the road sign test
• Pass a vision test
• Pay $20 fee

 

If you are between the ages of 16 and 18 and have a full provisional license, then you must have signed consent from your parent or guardian. The consent form is in addition to taking a motorcycle safety course. Safety courses are put on by North Carolina Motorcycle Safety Education Program or the Motorcycle Safety Foundation.

The motorcycle learner’s permits for the 16 to 18 age group are good for 12 months and can only be renewed one time for six months.

Statute § 20-7. Issuance and renewal of drivers licenses.

(a) License Required. – To drive a motor vehicle on a highway, a person must be licensed by the Division under this Article or Article 2C of this Chapter to drive the vehicle and must carry the license while driving the vehicle. The Division issues regular drivers licenses under this Article and issues commercial drivers licenses under Article 2C. A license authorizes the holder of the license to drive any vehicle included in the class of the license and any vehicle included in a lesser class of license, except a vehicle for which an endorsement is required. To drive a vehicle for which an endorsement is required, a person must obtain both a license and an endorsement for the vehicle. A regular drivers license is considered a lesser class of license than its commercial counterpart.
(a1) Motorcycles and Mopeds. – To drive a motorcycle, a person shall have one of the following: 
(1) A full provisional license with a motorcycle learner's permit. 
(2) A regular drivers license with a motorcycle learner's permit. 
(3) A full provisional license with a motorcycle endorsement. 
(4) A regular drivers license with a motorcycle endorsement. 
(a2) of this section sets forth the requirements for a motorcycle learner's permit. To obtain a motorcycle endorsement, a person shall pay the fee set in subsection (i) of this section. In addition, to obtain an endorsement, a person age 18 or older shall demonstrate competence to drive a motorcycle by passing a knowledge test concerning motorcycles, and by passing a road test or providing proof of successful completion of one of the following: 
(1) The North Carolina Motorcycle Safety Education Program Basic Rider Course or Experienced Rider Course. 
(2) Any course approved by the Commissioner consistent with the instruction provided through the Motorcycle Safety Instruction Program established under G.S. 115D-72. 
A person less than 18 years of age shall demonstrate competence to drive a motorcycle by passing a knowledge test concerning motorcycles and providing proof of successful completion of one of the following: 
(1) Repealed by Session Laws 2012-85, s. 1, effective July 1, 2012. (2) The North Carolina Motorcycle Safety Education Program Basic Rider Course or Experienced Rider Course. 
(3) Any course approved by the Commissioner consistent with the instruction provided through the Motorcycle Safety Instruction Program established under G.S. 115D-72. 
A person less than 18 years of age with a motorcycle endorsement may not drive a motorcycle with a passenger. 

 

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Mandatory Insurance

You must have the right coverage if you want to legally operate your motorcycle in the state. North Carolina law says you must have minimum Liability Coverage, which includes:

• $25,000 for property damage
• $60,000 total bodily injury for all persons in an accident
• $30,000 bodily injury for each person

 

Penalties for No Insurance

If you do not have insurance coverage, you could receive a form called FS 5-7, which is from the DMV. The form requires you to pay a fine and reaffirm coverage. The form must be completed and mailed back within ten days. The fine is around $50 and may come with an additional $50 service fee.

 

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Motorcycle Equipment Specifications

Most states have motorcycle equipment specifications, and North Carolina is no exception. At a minimum, your motorcycle should have the following:

• Headlight
• Taillight
• Brake Light
• Front and Rear Brakes
• Turn Signals 
• Horn 
• Two Mirrors 
• Review Mirror
• Exhaust System
• Speedometer
• Footpeg or rest for passengers

 

In addition, the license plate on your motorcycle should be visible from about 50 feet away at night. 

 

Statute § 20-129. Required lighting equipment of vehicles. 

(a) When Vehicles Must Be Equipped. – Every vehicle upon a highway within this State shall be equipped with lighted headlamps and rear lamps as required for different classes of vehicles, and subject to exemption with reference to lights on parked vehicles as declared in G.S. 20-134: 

(1) During the period from sunset to sunrise, 

(2) When there is not sufficient light to render clearly discernible any person on the highway at a distance of 400 feet ahead, or 

(3) Repealed by Session Laws 1989 (Reg. Sess., 1990), c. 822, s. 1. 

(4) At any other time when windshield wipers are in use as a result of smoke, fog, rain, sleet, or snow, or when inclement weather or environmental factors severely reduce the ability to clearly discern persons and vehicles on the street and highway at a distance of 500 feet ahead, provided, however, the provisions of this subdivision shall not apply to instances when windshield wipers are used intermittently in misting rain, sleet, or snow. Any person violating this subdivision during the period from October 1, 1990, through December 31, 1991, shall be given a warning of the violation only. 

Thereafter, any person violating this subdivision shall have committed an infraction and shall pay a fine of five dollars ($5.00) and shall not be assessed court costs. No drivers license points, insurance points or premium surcharge shall be assessed on account of violation of this subdivision and no negligence or liability shall be assessed on or imputed to any party on account of a violation of this subdivision. 

 

20-132. Headlamps on Motorcycles. 

(c) Every motorcycle shall be equipped with at least one and not more than two headlamps which shall comply with the requirements and limitations set forth in G.S. 20-131 or 20-132. The headlamps on a motorcycle shall be lighted at all times while the motorcycle is in operation on highways or public vehicular areas. For purposes of this section, the term "motorcycle" shall not include autocycles. Autocycles shall be subject to the requirements under this section for motor vehicles. 
(d) Rear Lamps. 
Every motor vehicle, and every trailer or semitrailer attached to a motor vehicle and every vehicle which is being drawn at the end of a combination of vehicles, shall have all originally equipped rear lamps or the equivalent in good working order, which lamps shall exhibit a red light plainly visible under normal atmospheric conditions from a distance of 500 feet to the rear of such vehicle. One rear lamp or a separate lamp shall be so constructed and placed that the number plate carried on the rear of such vehicle shall under like conditions be illuminated by a white light as to be read from a distance of 50 feet to the rear of such vehicle.

 

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Penalties

The penalty for not having the required equipment can vary. However, if you do not have your lights on from sunset to sunrise, when there is not sufficient light, or when you need to use your windshield wipers then you could get a fine of $5.00.

 

 

Motorcycle Moving Violations

North Carolina law allows two motorcycles to ride side by side in a lane — lane sharing. Lane splitting is not prohibited in North Carolina. However, it is illegal for a motorcycle to pass a vehicle on the right under North Carolina law except under limited circumstances. One of the limited circumstances where a motorcycle can pass on the right is when the other vehicle is in a lane designated for left-hand turns.

 

Statute § 20-146.1. Operation of motorcycles.

(a) 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. This subsection shall not apply to motorcycles operated two abreast in a single lane.
(b) Motorcycles shall not be operated more than two abreast in a single lane. For purposes of this subsection, the term "motorcycle" shall not include autocycles. Autocycles shall not be operated more than one abreast in a single lane.

 

Penalties for Unsafe Movements

If you make unsafe movements while operating your motorcycle you may receive a moving violation. Some of the unsafe driving practices in North Carolina include improper turns or unsafe lane changes. Typically, motorists receive a ticket when a near-collision or accident happens. If you make an unsafe movement that causes another vehicle to change lanes or leave the road, then you could face penalties.

 

Possible penalties include:

• Minimum fine of $200
• Minimum fine of $500 or more if property damage or injuries occur
• Minimum fine of $750 if the rider or passenger suffers serious bodily injury or the property damage is more than $5,000. Your driver’s license could also be suspended for up to 30 days. 

 

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Aggressive Driving

Aggressive driving is driving “careless and heedlessly in willful or wanton disregard of the rights or safety of others.” It is considered a Class 1 misdemeanor in North Carolina. Examples of aggressive driving are:

• Driving 35mph or more inside of municipal corporate limits
• Driving 55 mph or more outside of municipal corporate limits
• Violating speed limits in a school zone

 

To be convicted of driving carelessness in a willful and wanton disregard for others, it must be shown that you were speeding, plus two of the following:

• Following too closely
• Failing to yield the right-of-way
• Illegally passing someone
• Running a stop sign
• Running a red light

  

Statute § 20-141.6. Aggressive Driving. 

(a) Any person who operates a motor vehicle on a street, highway, or public vehicular area is guilty of aggressive driving if the person: 
(1) Violates either G.S. 20-141 or G.S. 20-141.1, and 
(2) Drives carelessly and heedlessly in willful or wanton disregard of the rights or safety of others. 
(b) For the purposes of this section only, in order to prove a violation of subsection 
(a)(2), the State must show that the person committed two or more of the below specified offenses while in violation of subsection 
(a)(1): 
(1) Running through a red light in violation of G.S. 20-158(b)(2) or (b)(3), or G.S. 20-158(c)(2) or (c)(3). 
(2) Running through a stop sign in violation of G.S. 20-158(b)(1) or (c)(1). 
(3) Illegal passing in violation of G.S. 20-149 or G.S. 20-150. 
(4) Failing to yield right-of-way in violation of G.S. 20-155, 20-156, 20-158(b)(4) or (c)(4) or 20-158.1. 
(5) Following too closely in violation of G.S. 20-152. 
(c) A person convicted of aggressive driving is guilty of a Class 1 misdemeanor. 
(d) The offense of reckless driving under G.S. 20-140 is a lesser-included offense of the offense set forth in this section. (2004-193, s. 1.)
        

Penalties for Aggressive Driving

Penalties may include jail time, supervised probation, community service, or house arrest. Sentences vary depending on what conviction level you fall in. The breakdown is as follows:

• If you never had a prior conviction, then you will fall in Prior Conviction Level 1. At this level, you may receive community service or house arrest for up to 45 days.
• If you have had one to four previous convictions, then you will fall in Prior Conviction Level 2. At this level, you may receive the above or supervised probation that may include a jail sentence for up to 45 days.
• If you have had five or more convictions, then you will fall in Prior Conviction Level 3. At this level, you may receive the two above or a jail sentence of up to 120 days.

If you have been in an accident contact THE Motorcycle Lawyer sm, Jason Waechter.

 

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Speeding

Just like other states, driving above the speed limit in North Carolina will get you a ticket. In addition, driving below the posted speedway on a highway and interstate road may get you in trouble. If there is no posted speed limit, then the speed limit is as follows:

• 35mph in a municipality
• 55mph outside of a municipality’s borders
• 70mph on a highway

 

Most tickets are infractions. However, if you get a speeding ticket for driving over 80 mph or for driving 15mph over the speed limit then you may be convicted of a Class 3 misdemeanor.

When it comes to driving below the posted speed limit, you cannot go less than 40mph on a road that has a speed limit of 55mph. Furthermore, you cannot drive less than 45mph on a road that has a speed limit of 60mph or more. If you impede the normal flow of traffic on a highway then you may also receive a ticket.

 

 

Penalties

Each infraction comes with a different penalty. Some include fines and some include revocation of your driver’s license. In some cases, both may occur. 
The penalty breakdowns are as follows:

• Speeding in a school zone is or a work zone comes with a fine of $250
• A pre-arranged speed competition has a three-year driver’s license suspension, possible seizure of your vehicle, and is considered a Class 1 misdemeanor.
• A non-prearranged competition has a one-year discretionary license suspension, so your license may or may not get suspended. It is a Class 2 misdemeanor.

 

If you drive faster than 55mph in addition to going 15mph over the speed limit your driver’s license will be revoked for a minimum of 30 days. The same is true if you are caught driving over 80mph. The charges add up, so if you have two speeding charges within a year your license will be revoked for 60 days.

 

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Statute § 20-16.1.  Mandatory suspension of driver's license upon conviction of excessive speeding; limited driving permits for first offenders.

(a) Notwithstanding any other provisions of this Article, the Division shall suspend for a period of 30 days the license of any driver without preliminary hearing on receiving a record of the driver's conviction of either 
(i) exceeding by more than 15 miles per hour the speed limit, either within or outside the corporate limits of a municipality, if the person was also driving at a speed in excess of 55 miles per hour at the time of the offense, or 
(ii) driving at a speed in excess of 80 miles per hour at the time of the offense.
(b) (1)Upon a first conviction only of violating subsection 
(a), the trial judge may when feasible allow a limited driving privilege or license to the person convicted for proper purposes reasonably connected with the health, education and welfare of the person convicted and his family. For purposes of determining whether conviction is a first conviction, no prior offense occurring more than seven years before the date of the current offense shall be considered. The judge may impose upon such limited driving privilege any restrictions as in his discretion are deemed advisable including, but not limited to, conditions of days, hours, types of vehicles, routes, geographical boundaries and specific purposes for which limited driving privilege is allowed. Any such limited driving privilege allowed and restrictions imposed thereon shall be specifically recorded in a written judgment which shall be as near as practical to that hereinafter set forth and shall be signed by the trial judge and shall be affixed with the seal of the court and shall be made a part of the records of the said court. A copy of said judgment shall be transmitted to the Division of Motor Vehicles along with any driver's license in the possession of the person convicted and a notice of the conviction. Such permit issued hereunder shall be valid for 30 days from the date of issuance by trial court. Such permit shall constitute a valid license to operate motor vehicles of the class or type that would be allowed by the person's license if it were not currently revoked upon the streets and highways of this or any other state in accordance with the restrictions noted thereon and shall be subject to all provisions of law relating to driver's license, not by their nature, rendered inapplicable.
(c) Upon conviction of a similar second or subsequent offense which offense occurs within one year of the first or prior offense, the license of such operator shall be suspended for 60 days, provided such first or prior offense occurs subsequent to July 1, 1953.
(d) Notwithstanding any other provisions of this Article, the Division shall suspend for a period of 60 days the license of any driver without preliminary hearing on receiving a record of such driver's conviction of having violated the laws against speeding described in subsection (a) and of having violated the laws against reckless driving on the same occasion as the speeding offense occurred.

 

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Vehicular Manslaughter

In North Carolina, vehicular manslaughter is “killing another human being while driving under the influence of alcohol or drugs or any homicide that is caused by a violation of a state or local driving law. It can be a misdemeanor or felony. 

 

Examples of vehicular manslaughter include:

• DUI and DWI
• Drowsy driving
• Speeding
• Texting and driving
• Running a red light

 

 

Penalties for Vehicular Manslaughter

Penalties for vehicular manslaughter are divided into three different categories: aggravated felony, felony, and misdemeanor.

 

 

Aggravated Felony

If you were convicted of a DWI in the past, you could face an aggravated felony death by vehicle charge. This includes a fine and a minimum sentence of 64 months and a maximum sentence of 13 years.

 

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Felony

A felony vehicular manslaughter penalty includes a fine and a minimum prison sentence of 38 days with a maximum sentence of 10 years.

 

 

Misdemeanor

A misdemeanor vehicular manslaughter penalty includes a fine and a maximum of 150 days in jail.

If you or a loved one has been in a North Carolina motorcycle accident, give  THE Motorcycle Lawyer sm, Jason Waechter a call to evaluate your case. 

 

 

Driving While Impaired in North Carolina

If you have an alcohol concentration of 0.08 or more, or are noticeably impaired, it is illegal for you to drive. When counting the number of offenses, keep in mind that the days are counted from the DWI arrest date and not the conviction date.

The first offense includes your driver’s license revoked for one year. The second offense within three years is the loss of your license for four years. It is possible to get your license back after two years, but you have to complete a substance abuse program and have a court hearing.

The third offense within 10 years, which includes two within the last five years, then you lose your driver’s license permanently. After five years, you can ask for a hearing to get your license reinstated.

If you get a third conviction within 10 years, then you may be convicted of Habitual Impaired Driving, which has a minimum prison sentence of one year. Habitual Impaired Driving is considered a felony in North Carolina. Your license cannot be reinstated and there are no appeals.

 

 

Felony Death by Vehicle

Felony Death by Vehicle happens when you drive while under the influence of drugs or alcohol, hit someone, and they die in the accident.

 

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Felony Serious Injury by Vehicle

Felony Serious Injury by Vehicle is similar to above, except in the accident the person doesn’t die, but they receive serious injuries. Serious injury includes any injury that causes great pain and suffering.

 

Statute § 20-141.4.  Felony and misdemeanor death by vehicle; felony serious injury by vehicle; aggravated offenses; repeat felony death by vehicle.

(a) Repealed by Session Laws 1983, c. 435, s. 27.
(a1) Felony Death by Vehicle. - A person commits the offense of felony death by vehicle if:
(1) The person unintentionally causes the death of another person,
(2) The person was engaged in the offense of impaired driving under G.S. 20-138.1 or G.S. 20-138.2, and
(3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the death.
(a5) Aggravated Felony Death by Vehicle. - A person commits the offense of aggravated felony death by vehicle if:
(1) The person unintentionally causes the death of another person,
(2) The person was engaged in the offense of impaired driving under G.S. 20-138.1 or G.S. 20-138.2,
(3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the death, and
(4) The person has a previous conviction involving impaired driving, as defined in G.S. 20-4.01(24a), within seven years of the date of the offense.
(a6) Repeat Felony Death by Vehicle Offender. - A person commits the offense of repeat felony death by vehicle if:
(1) The person commits an offense under subsection (a1) or subsection (a5) of this section; and
(2) The person has a previous conviction under:
a. Subsection (a1) of this section;
b. Subsection (a5) of this section; or
c. G.S. 14-17 or G.S. 14-18, and the basis of the conviction was the unintentional death of another person while engaged in the offense of impaired driving under G.S. 20-138.1 or G.S. 20-138.2.
The pleading and proof of previous convictions shall be in accordance with the provisions of G.S. 15A-928.

 

 

Penalties

If you drive while impaired and kill someone with your car you may face a Felony Death by Vehicle charge. The sentence carries a minimum of 15 months and can be up to 40 years in prison.

 

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Get Started Now: Call THE Motorcycle Lawyer ℠ 

If you or a loved one has been in an North Carolina motorcycle accident we can help. Attorney Jason A. Waechter is nationally known. From handling many North Carolina motorcycle cases for injured bikers and their families, we have specialized knowledge of the law and defenses that are unique to motorcycle cases. 

 

 

“I Ride, I Get It,” 

Riding has helped Waechter defend against the prejudice and finger-pointing bikers often endure after a crash. Attorney Jason Waechter literally “wrote the book.” He is the author of the nationally used textbook for lawyers — Litigating Motorcycle Injury & Wrongful Death Cases.

If you are injured in a motorcycle wreck, put a specializing team on your side.
Our No-Win-No-Fee Promise means with our law firm there is never a fee unless we collect money damages for you.

 

 

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