Practice area · Wilmington, NC
A motorcycle accident attorney in Wilmington who has stacked the UM policies before.
When the at-fault driver is uninsured or carrying NC minimum limits, the recovery usually comes from policies you didn't know you had. For over 41 years I've handled motorcycle cases personally: the helmet-law evidence, the UM/UIM stacking, the contributory-negligence defense. Consultation is free. No fee unless I win your case.
How I work motorcycle cases
The coverage stack and the helmet record, worked from day one.
Motorcycle cases in North Carolina rarely turn on whether the other driver was negligent. The car turned left across your lane; the truck merged without looking; the driver came out of a side street without stopping. The defense knows the negligence is there. What the defense looks for instead is the 1%: a missed mirror check, a non-DOT helmet, a moment of lane splitting, a speedometer reading two over the limit. North Carolina is one of only four states that still follows contributory negligence. If the defense finds even 1% of fault on the rider, recovery can be barred entirely. That is the case the insurer is building from day one.
My approach starts with the coverage stack. The at-fault driver in a serious motorcycle wreck is very often uninsured or carrying NC minimum limits, limits that cannot pay for orthopedic surgery, a brain-injury workup, road-rash skin grafts, and months of lost income. North Carolina law allows UM/UIM stacking across vehicles in a household, and I have collected on stacked policies before. (One case, a 32-year-old client with a fractured neck and multi-ligament knee injuries, settled before suit on stacked uninsured-motorist coverage from several policies.) Alongside the coverage analysis, I work the NC helmet law and lane-position evidence personally: the photos, the witness statements, the responding-officer notes. Under § 20-140.4(b) a helmet violation alone is not contributory negligence per se, but the defense will still use the helmet, lane, and equipment record on causation and the other 1% arguments.
The case is mine from the first phone call through the recovery. There are no associate handoffs. If your injuries make it difficult to come to the office, I'll meet you at home or at the hospital across North Carolina. The consultation is free. There is no fee unless I win your case.
— Robert L Armstrong
What this case depends on
What a North Carolina motorcycle case depends on.
Three load-bearing decisions that often determine whether a serious motorcycle wreck produces a real recovery or a ceiling that does not cover the surgery.
UM/UIM coverage stacking
The at-fault driver's policy is rarely enough on a serious motorcycle wreck. North Carolina allows uninsured- and underinsured-motorist coverage to be stacked across multiple household vehicles. Identifying every available policy on day one (yours, a spouse's, a resident relative's) is often what turns a $50,000 ceiling into a real recovery.
NC helmet, lane, and equipment evidence
North Carolina requires every rider and passenger to wear a helmet that complies with FMVSS 218, with the retention strap properly secured and a DOT label on the helmet. Lane splitting is prohibited, and specific rules govern headlights, taillights, and turn signals. Under § 20-140.4(b), a helmet violation alone is not contributory negligence per se, but the defense will still pull the helmet, lane, and equipment record apart on causation and the other 1% arguments. The investigation has to lock that record down before it degrades.
Long-term medical projection
Motorcycle injuries are typically severe: fractures, road rash requiring grafts, traumatic brain injury, spinal cord trauma. The fast settlement offer almost always undercounts the long arc, revision surgery, scarring, permanent partial impairment, lost earning capacity. The demand has to project the full lifetime cost, not the bills you have already received.
Additional case results are published with named-result context where Avvo discloses them. Past results are not a guarantee of future outcomes. Each case is unique.
In their words
What riders and their families said after they called.
“Robert handled my case in a prompt, professional manner. All dealings with his office were pleasant, courteous and expedient. Phone calls returned, questions answered, and results obtained quickly. Would recommend him without hesitation.”
“I am so thankful to have been represented by Robert L. Armstrong! He is a fantastic listener who really cares. It was so relieving to have him take over all of the chaos of my car accident. He validated me, took control of the situation and brought some peace back into my days.”
“Mr. Armstrong is an extremely passionate and effective attorney — an aggressive advocate for his clients who obtains positive results. He kept in contact with me throughout the entire process, and questions and concerns were addressed in a very timely manner. I would highly recommend him.”
Common questions
About NC motorcycle cases.
The questions riders and their families ask most often when they call. Answered the way I would answer them on the phone.
More background lives on the motorcycle resource hub, with NC-specific procedural guides. The motorcycle work sits inside the broader personal-injury practice and overlaps with brain injury, spinal cord injury, and wrongful death when the wreck is fatal.
Frequently asked questions
Does it hurt my case if I wasn't wearing a helmet?
It does not bar the case automatically. Under N.C. Gen. Stat. § 20-140.4(b), a helmet-law violation cannot be treated as negligence per se or contributory negligence per se in a civil action. North Carolina still requires every rider and passenger to wear a helmet that complies with FMVSS 218, with the retention strap properly secured and a DOT label on the helmet, and the defense will try to use a missing or non-compliant helmet on causation, particularly on head-injury damages. The case can still be defended; it has to be built carefully from day one. Tell me what happened. The consultation is free.
What is UM/UIM stacking, and why does it matter on a motorcycle case?
Uninsured-motorist (UM) coverage pays when the at-fault driver has no insurance. Underinsured-motorist (UIM) pays when they have insurance but not enough. North Carolina allows these policies to be stacked across vehicles in the same household. On a serious motorcycle wreck where the at-fault driver carries NC minimum limits, stacking is often the difference between a meaningful recovery and a ceiling that does not cover the orthopedic surgery.
The at-fault driver was clearly at fault. Why is contributory negligence still a risk?
North Carolina is one of only four states that still follows contributory negligence. If the defense proves you were even 1% at fault, recovery can be barred regardless of how negligent the other driver was. On a motorcycle case the defense will look at helmet compliance, lane position, equipment condition, and speed. That is exactly why the investigation has to be right from the beginning.
Can I recover for road rash and scarring?
Yes. Road rash often requires skin grafts and leaves permanent scarring, and both the surgical course and the disfigurement are recoverable elements: past and future medical expense, pain and suffering, and permanent injury. The demand has to project the long arc, not just the bills that have already arrived.
How long do I have to file a motorcycle case in North Carolina?
Three years from the date of the wreck for most personal-injury claims; two years for a wrongful-death claim. There are exceptions that can extend these deadlines for minors and people under a legal disability. After the deadline passes, the case cannot be filed regardless of how strong it is. Evidence and witness memory degrade well before then, so do not wait until the deadline is close.
What if the at-fault driver fled the scene?
A hit-and-run case is treated as an uninsured-motorist claim under your own UM coverage, with the same household-stacking rules. The police investigation matters, but the case does not depend on identifying the driver to recover. Call before signing anything.
When you are ready to talk through what happened on the bike, the call is free.
No fee unless I win your case. Tell me what happened. I will tell you honestly whether I think the case can be defended, and how North Carolina law and your UM/UIM coverage actually shape it.
Contingency-fee representation. Free consultation.