Statewide · Motorcycle accidents
Motorcycle Accident Attorney Who Comes to Riders Across North Carolina
A helmet violation in North Carolina is not negligence per se or contributory negligence per se in a civil case, under G.S. 20-140.4(b). The rest of the crash is still judged under the state's contributory negligence rule. I represent injured riders across North Carolina and I can come to you after a first call by phone or video.
A rider can be hurt on a mountain road or a coastal highway far from home. The state law that decides the claim is the same in every county. This page covers the helmet statute and what it does in a lawsuit, the 2024 motorcycle figures, the fault rule for riders, the coverage on a rider's own policy, the records worth keeping and how a visit with me works.
01
The helmet rule in G.S. 20-140.4(a)(2) for riders and passengers
G.S. 20-140.4(a)(2) bars operating a motorcycle or moped on a highway or public vehicular area unless the operator and all passengers wear helmets on their heads with a retention strap properly secured. The helmet has to comply with Federal Motor Vehicle Safety Standard 218.
| Part of G.S. 20-140.4 | What it says |
|---|---|
| (a)(1) | No more people, including the operator, than the motorcycle or moped was designed to carry |
| (a)(2) | The operator and all passengers wear a secured helmet that complies with FMVSS 218 |
| (b) | A violation is not negligence per se or contributory negligence per se in any civil action |
| (c) | A violation is an infraction with a $25.50 penalty plus court costs, and the conviction has no other consequence |
| (d) | No driver's license points or insurance surcharge for a violation |
Exception. The helmet requirement does not apply to an operator of, or passengers within, an autocycle that has completely enclosed seating or is equipped with a roll bar or roll cage.
What Chapter 20 counts as a motorcycle under G.S. 20-4.01(27)h
A motorcycle under G.S. 20-4.01(27)h is a vehicle with a saddle for the rider that is designed to travel on not more than three wheels in contact with the ground. The definition names autocycles, motor scooters and motor-driven bicycles, and it leaves out electric assisted bicycles and mopeds, which have their own definition.
02
What G.S. 20-140.4(b) does with a helmet violation in a lawsuit
G.S. 20-140.4(b) says a violation of any provision of the section shall not be considered negligence per se or contributory negligence per se in any civil action.
What subsection (b) settles
Riding without a secured helmet is not contributory negligence per se under subsection (b). Carrying more passengers than the motorcycle was designed for is covered the same way, because subsection (b) reaches any provision of the section.
What it does not address
Subsection (b) speaks only to negligence per se and contributory negligence per se. It does not say whether helmet evidence comes in for another purpose.
A helmet citation is an infraction under G.S. 20-140.4(c), and the statute says a conviction of it has no other consequence.
The answer to the helmet question starts with the statute and not with an adjuster's letter. I get upset with the way that insurance adjusters treat unrepresented injured people.
I get upset with the way that insurance adjusters treat unrepresented injured people.
03
193 motorcyclists killed in North Carolina crashes in 2024
The 2024 North Carolina Traffic Crash Facts reports 193 motorcyclists killed in 2024, down from 202 in 2023, which the booklet describes as a 4 percent decrease. The same booklet counts 1,732 people killed in all North Carolina traffic crashes that year.
The type of vehicle table lists mopeds and motor scooters in rows of their own, apart from the motorcycle row. The booklet was compiled from 2024 crash data received before May 8, 2025, and it is the newest edition posted for download.
A statewide count describes riders as a group. It says nothing about one rider's claim.
04
Can a partly at-fault rider still recover in North Carolina?
A rider whose own negligence joined with the defendant's negligence to cause the injury cannot recover under North Carolina's contributory negligence rule, which is common law and not a statute. The defendant has to prove the rider's contributory negligence by the greater weight of the evidence.
The helmet statute limits one argument and leaves the rest of the rule in place. A helmet violation is not contributory negligence per se under G.S. 20-140.4(b), and everything else about how the crash happened is still measured against the general rule.
Exception. Under last clear chance, a rider's own negligence does not bar recovery when the rider was in a position of peril that reasonable care could not get them out of, and the defendant knew of it or would have discovered it with reasonable care. The defendant also has to have had the time and means to avoid the injury and failed to use reasonable care to do it. The rider carries the burden of proving last clear chance.
When the jury reaches last clear chance
In a case with one defendant and no agency issue, the jury answers the last clear chance issue only after it finds the defendant negligent and the rider contributorily negligent. The car accident page sets out the four elements in a table.
Fault in a motorcycle case is decided from the evidence of the crash. G.S. 20-140.4(b) says a helmet violation is not contributory negligence per se.
05
UM and UIM coverage on a rider's own motorcycle policy
G.S. 20-279.21(b)(3) requires uninsured motorist coverage on a bodily injury liability policy for any motor vehicle registered or principally garaged in North Carolina. Chapter 20 defines a motor vehicle in G.S. 20-4.01(23) as every vehicle which is self-propelled and every vehicle designed to run upon the highways which is pulled by a self-propelled vehicle, and except as specifically provided otherwise the term leaves out mopeds and electric assisted bicycles. For the article that contains G.S. 20-279.21, G.S. 20-279.1(6a) says the term includes mopeds. In Chapter 58, G.S. 58-40-10(1)(c) includes a motorcycle not used for commercial purposes in its definition of a private passenger motor vehicle.
G.S. 20-279.21(b)(4) requires an owner's policy to provide underinsured motorist coverage as well, with UIM bodily injury limits equal to the UM limits purchased. For a policy issued or renewed on or after July 1, 2025, under S.L. 2024-29, the UIM amount is not reduced by a setoff against liability insurance, except for workers' compensation as subsection (e) provides.
Adding UIM limits across a rider's separate policies
A rider insured under UIM on separate policies can add the highest UIM limit available under each one, under G.S. 20-279.21(b)(4). That rule applies only to nonfleet private passenger motor vehicles as G.S. 58-40-10(1) and (2) describe them.
Exception. The rule for adding UIM limits across policies reaches a motorcycle through G.S. 58-40-10(1)(c) only when the motorcycle is not used for commercial purposes. Within one policy, the UIM limits for one vehicle are not combined with the limits for another vehicle on the same policy.
The statute defines persons insured to include resident spouses and relatives of the named insured, while in a motor vehicle or otherwise, so a household auto policy is worth reading after a motorcycle crash.
06
Gear and records worth keeping after a motorcycle crash
The records worth keeping after a North Carolina motorcycle crash are the ones that show how it happened and what it cost, and this is general information rather than legal advice. A crash that injures anyone is a reportable crash under G.S. 20-4.01(33b), and G.S. 20-166.1(a) has the driver notify law enforcement immediately.
The motorcycle and the gear
Keep the helmet and the riding gear as they are after the crash. Take photos of the motorcycle before any repair, along with photos of the road where it happened.
The records
Keep the crash report number, the names of witnesses, medical records and bills, and every letter from an insurance company. Your own motorcycle and auto policies belong with them.
The North Carolina Division of Motor Vehicles lets a person involved in a crash order a redacted crash report by mail or in person with form TR-67A, and an attorney's office can request the unredacted report for a permissible use.
07
How I meet an injured rider, from first call to visit
I can come to you anywhere in North Carolina, after a first conversation by phone or video. We then meet in person where you are, at home or another place you choose, and whether we work together is decided in that meeting. I own and fly a Piper Arrow, and that is what lets the visit reach every county.
You call or send a request
Call 336-221-8900 or use the visit request form.
We talk first
A phone or video call covers what happened and sets the time and place to meet.
I meet you in person
The meeting happens where you are.
Lorena Meza is a paralegal who works with me and speaks Spanish, and she is the Spanish-language contact for the office. You can read how the first meeting works or find your region. If a rider died in the crash, the wrongful death page covers the family's claim.
If you live in Alamance, Caswell, Orange or Chatham County, juliandoby.com covers those counties. Wake County has its own site at accidentattorneyraleighnc.com. Everywhere else in North Carolina, call 336-221-8900 or use the contact page.
Questions
Common questions
Does the North Carolina helmet law apply to moped riders?
The North Carolina helmet requirement in G.S. 20-140.4(a)(2) applies to operating a motorcycle or a moped on a highway or public vehicular area, so it reaches moped operators and passengers. The only exemption in that subdivision is for autocycles with completely enclosed seating or a roll bar or roll cage.
Does a helmet ticket put points on my license?
A helmet violation carries no driver's license points or insurance surcharge under G.S. 20-140.4(d). Subsection (c) makes it an infraction with a $25.50 penalty plus court costs, and it says a conviction of that infraction has no other consequence.
Is a three-wheeled motorcycle a motorcycle under North Carolina law?
A vehicle with a saddle for the rider that is designed to travel on not more than three wheels in contact with the ground is a motorcycle under G.S. 20-4.01(27)h. The definition names autocycles and lists exclusions, including mopeds, electric assisted bicycles and three-wheeled vehicles while being used by law enforcement agencies.
When does a motorcycle crash have to be reported to police?
A motorcycle crash is reportable under G.S. 20-4.01(33b) when it results in death or injury of a human being, or total property damage of $1,000 or more. The driver of a vehicle in a reportable crash notifies the appropriate law enforcement agency immediately under G.S. 20-166.1(a).
Does the meeting have to be at my home?
The meeting does not have to be at your home. We meet in person where you are, at your home or another place you choose, and whether we work together is decided at that meeting.
About the attorney
Julian Doby, attorney since 1998
Julian Doby has been admitted to practice in North Carolina since 1998, North Carolina State Bar No. 25407, and he represents injured people across the state. His one office is at 110 W. Elm Street in Graham. He meets clients across the state after a first conversation by phone or video.
More about JulianSources and verification (13)
- N.C. Gen. Stat. 20-140.4(a), (b), (c) and (d), ncleg.gov, verified October 18, 2026.
- N.C. Gen. Stat. 20-4.01(27)h, motorcycles, ncleg.gov, verified October 18, 2026.
- 2024 North Carolina Traffic Crash Facts, pages 2, 5 and 21, NCDMV, verified October 18, 2026.
- NCDMV Crash Facts page, 2025 report by request, verified October 18, 2026.
- Jones v. Rochelle, 125 N.C. App. 82, opinion text, Caselaw Access Project, verified October 18, 2026.
- N.C.P.I.-Motor Vehicle 104.10, Contributory Negligence Issue, replacement June 2018, UNC School of Government, 2025 edition, verified October 18, 2026.
- N.C.P.I.-Motor Vehicle 105.15, Last Clear Chance, rev. May 2020, UNC School of Government, 2025 edition, verified October 18, 2026.
- N.C. Gen. Stat. 20-279.21(b)(3) and (b)(4), uninsured and underinsured motorist coverage, ncleg.gov, verified October 18, 2026.
- S.L. 2024-29, Sections 8(a) and 8(c), amending S.L. 2023-133, Section 12(i), ratified June 25, 2024, ncleg.gov, verified October 18, 2026.
- N.C. Gen. Stat. 58-40-10(1) and (2), private passenger and nonfleet motor vehicles, ncleg.gov, verified October 18, 2026.
- N.C. Gen. Stat. 20-279.1(6a), Article 9A definitions, ncleg.gov, verified October 18, 2026.
- N.C. Gen. Stat. 20-166.1(a), notice of accident, ncleg.gov, verified October 18, 2026.
- NCDMV, Crash Reports, ncdot.gov, verified October 18, 2026.
Talk first. Then I can come to you.
Call or send a visit request. We start by phone or video.