Have you been injured in a Raleigh car accident? This can be a very challenging experience for anyone. Your car might be totaled, you could be hurt physically and emotionally, and you may be anxious about how to pay your bills. You want a trusted advocate at your side who knows how to navigate North Carolina’s complex insurance and legal systems. At Wallace Pierce Law, our automobile accident attorneys are prepared to guide you every step of the way.
Our team has more than 160 years of combined legal experience helping injury victims in Raleigh and throughout North Carolina. Since 2000 alone, we’ve recovered more than $800 million for injured clients across the state*. We understand the difficulties you might face after a serious crash. Our focus is on offering compassionate support and experienced advocacy. If someone else’s negligence caused your accident, you may be entitled to financial compensation.
Below, you’ll find a detailed explanation of how North Carolina law affects automobile accident cases, why contributory negligence is important to understand, and what you can do to strengthen your claim. We’ll also cover many of the most frequent causes of auto collisions in Raleigh and how an attorney can work to maximize your chances of a favorable outcome.
We’ve structured this guide in short, easy-to-read sections. Our goal is to answer your most pressing questions without overwhelming you with legal jargon. By the end, you will have a solid understanding of what to expect from your claim or lawsuit and how Wallace Pierce Law can help protect your interests. If you would like personalized advice about your case, we encourage you to reach out to us directly by calling (919)313-2737 or emailing intake@wallacepierce.com.
North Carolina is one of the few states following “contributory negligence.” This rule says that if you share even one percent of the fault for a wreck, you can lose the right to any compensation. Insurance carriers know this. They often exploit this standard to deny or devalue claims. The idea is to pin a tiny part of the blame on you so they can reduce how much they pay.
Sometimes, an insurance adjuster might argue you contributed to the accident by speeding, failing to signal properly, or not wearing your seatbelt. Even if you are certain that you did nothing wrong, these claims can still surface. Insurance companies have large legal teams that strive to save money whenever possible. Unfortunately, this often comes at the expense of car accident victims.
An experienced automobile accident attorney in Raleigh understands how the system works. At Wallace Pierce Law, we know the importance of building a thorough case that establishes the other party’s negligence beyond doubt. Our firm’s investigative approach aims to gather as much evidence as possible and actively combat questionable contributory negligence defenses.
Hiring a lawyer also allows you to focus on recovering from injuries and rebuilding your life. Your attorney deals with paperwork, evidence gathering, witness interviews, and negotiations. This is especially helpful if you are struggling with medical treatments, physical therapy, or ongoing pain. With a skilled attorney on your side, you can avoid costly mistakes and potentially increase your compensation. Studies show that accident victims who hire counsel generally recover more than those who represent themselves.
Thorough Investigation
We know that robust investigations often set the tone for successful outcomes. Our team uses professional investigators, who can visit the crash scene soon after you contact us. They collect evidence, take photos, locate skid marks, and look for traffic cameras. If eyewitnesses exist, we strive to gather statements quickly while details are fresh. Our attorneys then review this information to form a clear narrative of what happened.
Proving Negligence
North Carolina law (see N.C. Gen. Stat. Chapter 20 for many traffic statutes) recognizes that every driver must exercise reasonable care on the roads. This includes following posted speed limits, obeying traffic signals, and operating a vehicle in a safe way. When drivers fail to do so, we must show they breached this duty of care. We then connect their breach to any injuries you have suffered.
Evidence Preservation
Dash cam footage, surveillance recordings, or phone records can be crucial in some cases. These can vanish quickly if you do not take prompt steps to secure them. Our attorneys act fast to send official requests for preservation of evidence. We also gather medical records, pay stubs (to prove lost wages), and other relevant documents. This comprehensive approach helps us craft a compelling claim that accurately represents your damages.
Negotiation and Litigation
Our attorneys engage directly with the insurer to work toward a fair settlement. We understand insurance tactics, and we push back against lowball offers. If the insurance company refuses to settle on fair terms, we are fully prepared to file a lawsuit. This can involve depositions, mediation, or even a trial. Throughout these steps, we prioritize clear communication and support. Our goal is to reduce your stress and maximize results.
Client-Focused Representation
At Wallace Pierce Law, we handle all the details so you can focus on healing. We keep you updated and involved as your case moves forward. We believe an informed client is an empowered one. We are proud of the strong relationships we build with the people we serve. Many of our clients refer friends and family because they feel our approach is both caring and effective.
Raleigh is a bustling city with heavy traffic on I-40, I-440, and other major roads. Congestion increases the risk of collisions, especially during peak commuting times. North Carolina also has many rural areas near Raleigh, and rural accidents can be just as devastating. Below are some of the most common causes of car accidents we see in our practice:
No matter how your accident happened, our team can investigate and build a legal strategy that addresses the specific details of your case. If you have been injured in any type of motor vehicle collision in Raleigh, do not hesitate to call us at (919)313-2737.
North Carolina is one of only a handful of states that follow contributory negligence. Under this rule, if the defense can show you contributed to the wreck by as little as one percent, you might be barred from receiving any compensation. This can be devastating if you have large medical bills and other damages from the crash.
How Insurance Companies Use It Against You
Insurance companies often try to take advantage of contributory negligence in settlement negotiations. They may say you were partly at fault for not braking quickly enough or not checking your mirrors. They hope you will give up on your claim or accept a token settlement. But you do not have to go down that road alone. An attorney can push back by showing that the other party was fully responsible. We look for anything that suggests the defendant breached their duty of care more significantly than you did.
Overcoming Contributory Negligence Claims
One of the best ways to counter contributory negligence arguments is to act quickly. The sooner you speak to a lawyer, the sooner we can preserve crucial evidence and contact witnesses. We collect photos, police reports, and possibly obtain accident reconstruction. All these steps can strengthen your position and weaken an insurer’s attempt to pin any blame on you.
Why Quick Action Matters
Witnesses forget details over time, and some forms of evidence (like surveillance footage) might be erased or overwritten. When we investigate soon after the incident, we can secure these vital pieces of information. This can tip the scales in your favor if the case goes before a judge or jury, who will look at the evidence to decide where fault lies.
Proving fault requires evidence that clearly identifies how and why the at-fault driver caused the collision. At Wallace Pierce Law, we look at the following main elements of a negligence claim:
1. Duty of Care
All drivers have a legal responsibility to operate vehicles in a safe manner. They must obey traffic laws, remain alert, and drive defensively. For instance, N.C. Gen. Stat. Chapter 20 covers speed restrictions, seatbelt laws, and rules on impaired driving. When someone violates these obligations, such as by speeding or driving drunk, they may have breached that duty of care.
2. Breach of Duty
This occurs when a driver fails to exercise reasonable caution. Speeding, running a red light, failing to yield, or driving while distracted are examples. We gather police reports, witness statements, and potentially expert testimony to show that the defendant breached their duty.
3. Causation
You need to show that the at-fault driver’s breach directly caused your injuries. We connect the dots by looking at medical records, vehicle damage, and the timing of symptoms. If you had no prior complaints or injuries and promptly experienced certain symptoms after the crash, that can help demonstrate causation.
4. Damages
Damages typically include medical expenses, lost wages, property damage, and pain and suffering. If someone experiences emotional distress or mental trauma, that might also be compensable under North Carolina law. You must prove these losses are connected to the accident.
Our mission is to develop a comprehensive strategy that proves each of these four elements. We rely on detailed investigations and, if necessary, expert witnesses to reinforce your claim.
Accident Reconstruction
In complex car accident cases, we sometimes bring in accident reconstruction experts. They use technology and engineering principles to recreate the scene. By examining skid marks, vehicle damage, and the position of debris, they can illustrate how the crash likely happened. This can be especially useful in disputes over which driver acted negligently.
Medical Experts
Doctors or medical specialists can testify about the severity of your injuries. They explain the treatments you need, potential long-term complications, and how your injuries tie back to the crash. Their opinions can support a claim for larger compensation if you face ongoing disability or rehabilitation costs.
Financial and Vocational Experts
When an accident impacts your ability to work, financial experts can help calculate your lost earning potential. Vocational experts may address the types of jobs you can still do if you have permanent limitations. Their input can assist in obtaining fair compensation that reflects both current and future financial losses.
Car accidents vary widely. Some collisions result in only minor scrapes and bruises, while others cause life-altering injuries or even wrongful death. Below is a closer look at typical accident types and related injuries.
Rear-End Collisions
These usually happen in heavy traffic or when a driver is distracted. Even at moderate speeds, rear-end crashes can cause whiplash. Whiplash occurs when a sudden, forceful movement of the head and neck leads to torn ligaments or muscle strain. Symptoms might include neck pain, headaches, dizziness, and blurred vision. Some people recover quickly, while others suffer chronic pain and stiffness. If the impact is more severe, spinal cord damage or herniated discs could result. Prompt medical attention is essential.
Head-On Collisions
Head-on collisions often happen when a driver crosses the center line or travels in the wrong direction. The force of these accidents can be extreme. Common injuries include traumatic brain injuries (TBIs), broken bones, and organ damage. In severe cases, paralysis or fatalities may occur. These collisions sometimes involve impaired, drowsy, or reckless drivers. Because of the serious harm, investigating who crossed into the wrong lane is vital.
T-Bone or Side-Impact Collisions
Intersections are prime spots for T-bone crashes. A driver might run a red light or miss a stop sign, crashing into the side of another vehicle. Passengers on the struck side are at higher risk for severe injuries, such as fractures, internal bleeding, and head trauma. Sometimes, car doors crumple from the force, leaving occupants with lasting disabilities.
Hit and Run Accidents
A hit and run involves one driver fleeing the scene without providing information or rendering aid. This is illegal under North Carolina law. Victims often feel frustrated because it’s harder to identify and hold the other party responsible. If the hit-and-run driver cannot be located, an experienced attorney can help you explore uninsured motorist coverage or other avenues of recovery.
Distracted Driving Accidents
Texting, phone calls, and adjusting the radio can take a driver’s focus off the road. According to some research, sending a text at highway speed is like driving the length of a football field blindfolded. Distracted driving leads to countless injuries annually. Proving a driver was on their phone at the time of the crash might require obtaining phone records. If there are witness accounts or dash cam footage, that can also strengthen your case.
Drunk Driving Accidents
Driving under the influence of alcohol or drugs remains a major threat in Raleigh and across the state. Impaired drivers have slower reaction times and poor judgment. If you suspect the at-fault driver was intoxicated, an attorney can request breathalyzer or blood test results. North Carolina treats drunk driving very seriously, and the court may award punitive damages when intoxication causes harm.
Pedestrian Accidents
Pedestrians are vulnerable because they have no physical protection. Even a low-speed collision can cause broken bones, lacerations, or traumatic brain injuries. Crosswalks, parking lots, and intersections are common places for these accidents. In some cases, the driver might have been speeding or failed to yield. Contributory negligence arguments can arise if the pedestrian was not using a crosswalk or paying attention. Our attorneys handle these complexities by analyzing any available footage, talking to eyewitnesses, and reviewing local traffic regulations.
Injuries and Their Impact
Any of these injuries can dramatically change a person’s life. Medical bills, missed income, and pain can add up quickly. Our job is to help you secure compensation that addresses both economic losses and the suffering you have endured.
Medical Expenses
This category includes doctor visits, hospital stays, medication, surgery, and physical therapy. Future medical care may also be part of the claim if you need ongoing treatment. You should keep all receipts, bills, and diagnostic results to substantiate these costs.
Lost Wages
If you are too injured to work, you might qualify for lost wage compensation. You will typically need documentation from your employer about your normal earnings and how much work you missed. This can include lost tips, overtime, or commission if those are part of your income.
Lost Earning Potential
Serious injuries may leave you unable to work in the same capacity as before the accident. In such cases, you might have a claim for lost future earning potential. Proving this often involves experts who evaluate the difference in your earning capacity before and after the crash.
Pain and Suffering
North Carolina law allows victims to claim non-economic damages for physical pain, emotional distress, and mental anguish. The more severe or long-lasting the injury, the higher the potential compensation. Evidence of ongoing therapy, personal journals detailing your pain, and family testimony can help prove these damages.
Punitive Damages
Punitive damages are meant to punish the at-fault party for egregious wrongdoing, such as drunk driving or extremely reckless behavior. Under North Carolina law, punitive damages are only awarded if the defendant’s actions rise to the level of “willful or wanton” conduct. Although less common, punitive damages can significantly increase the total recovery.
Remember, the contributory negligence rule remains a barrier if you share any portion of the blame. Our attorneys carefully investigate the facts to argue that the at-fault driver caused the crash entirely. This is critical when seeking the highest possible compensation for your losses.
1. Check for Injuries and Call 911
Your health and safety come first. If anyone is hurt, alert emergency services right away. Ask for both police and medical personnel. Even if you feel fine, you could have hidden injuries. Allow paramedics to evaluate you at the scene. Request transport to the hospital if you suspect internal injuries or experience significant pain.
2. Document the Scene
If you are able, take photos or videos of the vehicle damage, skid marks, traffic signals, and any debris. Write down names and contact information of any witnesses. Their statements may be crucial if the other driver disputes your version of events. Note weather and lighting conditions too. The more details you record, the stronger your case may be later.
3. Speak With the Police
Cooperate with law enforcement and describe what happened. The police report can include helpful facts about road conditions, statements from both parties, and any traffic citations issued. Keep track of the officer’s name and badge number so you can obtain a copy of the report later.
4. Avoid Admitting Fault
In the heat of the moment, you might be tempted to say “I’m sorry,” even if the crash was not your fault. Insurance companies can twist such statements against you. Instead, limit conversations with the other driver to exchanging insurance and contact information. Let the facts speak for themselves.
5. Seek Medical Attention Promptly
Have a doctor check you as soon as possible, preferably the same day. Adrenaline might mask pain. Quick evaluation not only protects your health but also documents that the accident caused your injuries. Medical records can be critical evidence in your claim.
6. Contact an Automobile Accident Attorney
If you suspect the other driver was at fault, it’s never too early to speak to a lawyer. The quicker you get legal help, the sooner you can protect your right to compensation. An attorney will guide you through interactions with insurance adjusters, collect evidence, and develop a strategy to counter any contributory negligence claims.
Raleigh’s rapid growth has increased traffic volumes throughout Wake County. More vehicles on the road mean more opportunities for collisions. Recent data from the North Carolina Department of Transportation indicates:
While these numbers can be concerning, they underscore the importance of responsible driving and the need for strong legal representation when accidents happen. Wallace Pierce Law is here to help if you or a loved one has been hurt on Raleigh’s roadways.
Our attorneys are proud of the many settlements and verdicts we have achieved for clients over the years*. These results highlight our dedication to seeking justice for people injured through no fault of their own. We believe that genuine care, advanced legal skills, and integrity make a strong combination for any personal injury case.
Experience and Recognition
Our legal team collectively has more than 160 years of experience. Over time, we have built a solid reputation for thorough preparation and aggressive advocacy. Some of our attorneys have been recognized for excellence in personal injury law, earning accolades from respected organizations. While no two cases are ever the same, this history shows our longstanding commitment to fighting for accident victims.
Large Investigative Network
We maintain relationships with experts from many fields. We rely on skilled investigators, accident reconstruction professionals, financial analysts, and medical experts when necessary. By leveraging this network, we build strong cases that address every detail. We want the other side to see we are serious and prepared to go to trial if needed.
No Fee Unless We Win
We work on a contingency fee basis. That means you owe no attorney fees unless we succeed in recovering compensation for you. This arrangement aligns our interests with yours. We have a vested interest in seeing your case resolved favorably. If you do not receive a settlement or verdict, you pay no attorney fees.
Personalized Attention
Each person’s situation is unique. We tailor our strategies to fit your needs. Some clients may want to settle quickly and move on with life. Others prefer to pursue the maximum possible compensation, even if it requires going to trial. We listen to you, explain all options, and respect your decisions. Along the way, we provide regular updates so you always understand the status of your claim.
Focus on Client Wellness
An accident can disrupt your health, finances, and relationships. We aim to reduce stress by handling the legal side while you focus on recovery. Our attorneys answer questions, handle insurance negotiations, and guide you to medical professionals if needed. You can rely on us to pursue your best interests while you regain stability and work toward healing.
Car accidents in Raleigh can bring unexpected challenges, from severe injuries to overwhelming medical bills. If you believe another driver’s negligence caused your crash, you deserve experienced legal counsel to protect your rights. North Carolina’s contributory negligence law makes it especially important to act quickly and build a solid case. Every piece of evidence matters when proving the other driver was 100% at fault.
Wallace Pierce Law stands ready to help you navigate this difficult time. We know how to gather the right evidence, negotiate effectively with insurance companies, and advocate in court if necessary. Our attorneys have handled countless auto accident claims throughout Raleigh and beyond. We understand the local courts, the nuances of North Carolina traffic laws, and the unique challenges that accident victims face.
Don’t wait any longer to seek help. Reach out to our skilled automobile accident attorneys at Wallace Pierce Law. We can guide you every step of the way. Let us shoulder the legal burdens so you can focus on healing. We have experienced attorneys who have handled complex personal injury cases, and we want to put that experience to work for you.
If you or a loved one has suffered injuries in a car accident, contact us today by emailing intake@wallacepierce.com or calling us at (919)313-2737. Let us help you pursue the justice you deserve.