Durham Car Accident Lawyers

Car Accident Claims in Durham, NC

What to Do After a Car Accident in Durham, North Carolina

If you or a loved one has suffered serious injuries in a car accident in Durham or anywhere in the state of North Carolina, or if you have lost a family member in a fatal car crash, our award-winning team can help you navigate the legal journey ahead.

Edwards Kirby has a long history of successfully litigating cases involving motor vehicle accidents that cause serious, disabling, or fatal injuries. We know that auto wrecks can have life-altering consequences, and we are passionate about helping clients secure the compensation they deserve.

Why Choose Edwards Kirby For Car Accident Claims?

• We have recovered hundreds of millions in compensation for our clients.
• Our trial attorneys have been named among The Best Lawyers in America®
• Our firm has been ranked among the Tier 1 “Best Law Firms” by U.S. News – Best Lawyers®
• We’ve secured record-setting results, including the largest personal injury verdict and the largest personal injury settlement in North Carolina.

Edwards Kirby selectively picks its cases to ensure the personalized attention, resources, and collaborative approach required of complex and high-stakes claims. We accept serious injury and wrongful death cases across North Carolina, and welcome attorney referrals. Contact us to speak with an auto accident attorney that can work with you in the Durham area.

What Is My Car Accident Case Worth?

The value of your auto accident case depends on various factors, including the nature and severity of your injuries, the extent of resulting damages, and available insurance coverage.

At Edwards Kirby, our experienced Durham accident attorneys can review the facts of your car accident along with the damages you incurred to arrive at an estimated value range for your case. This estimate is vital to negotiating with the insurance company for a full and fair settlement, and when pursuing litigation, if necessary. We will guide you through every step of the legal process to ensure your rights are protected.

Examples of our car accident case results:

• $10.75M recovery over a fatal truck wreck that resulted in the deaths of two children, and brain injury to a third.
• $9.45M settlement over a fatal tanker truck crash alleged to have been caused by a company that improperly allowed traffic to back up while performing work on I-95.
• $8.6M settlement against a drunk college student who drove the wrong way on an interstate highway, his fraternity, two bars where he drank despite being underage, and others who supplied him alcohol.
• $5.35M recovery for the family of a law enforcement officer killed in a tractor-trailer wreck.
• $4.6M recovery for a woman who was struck by a tow truck returning from a repossession.

To help clients maximize compensation, we work meticulously to determine an underlying cause, and explore all available insurance coverage, including commercial insurance policies, and underinsured / uninsured motorist coverage. We also work closely with reconstruction, medical, and financial experts to assess fault and liability, the long-term impact of injuries, repairs, and projected future damages.

Legal Issues Related To Car Accidents

• Allegations of Contributory Negligence
  • North Carolina follows a strict contributory negligence rule, meaning if you’re found even slightly at fault for an accident, you may be barred from recovering compensation. Insurance companies often use this law to deny claims, even when the other driver was primarily responsible. A skilled attorney can challenge these allegations and fight for the compensation you deserve.
• Third-Party Liability
  • Not all car accidents are solely the fault of the drivers involved—third parties like vehicle manufacturers, government agencies, or even employers may share liability. Defective auto parts, poorly maintained roads, or negligent company policies can all contribute to a crash. Identifying and proving third-party liability can be complex, but it may open additional avenues for compensation.
• Multi-Vehicle Accidents.
  • Accidents involving multiple vehicles can lead to complicated liability disputes. Determining fault often requires accident reconstruction, witness testimony, and expert analysis. An attorney can help untangle the legal complexities and ensure you’re not unfairly blamed.
• Underinsured and uninsured drivers
  • If the at-fault driver doesn’t have enough insurance—or any at all—you may need to rely on your own uninsured/underinsured motorist (UM/UIM) coverage. However, insurance companies may still try to minimize or deny your claim. A Durham, NC, car accident attorney can help maximize your compensation.
• Hit-and-run accidents
  • When a driver flees the scene of an accident, victims may feel like they have nowhere to turn for compensation. Fortunately, North Carolina law provides options, including uninsured motorist coverage, to help recover damages. A lawyer can help track down available evidence, work with law enforcement, and explore all possible legal remedies.

What If an Insurance Company Made a Settlement Offer?

Insurance companies that represent personal injury defendants (the party being sued for damages) are powerful corporations that care more about profits than people. Their goals are to pay victims as little as they possibly can.

As a result, insurance carriers commonly attempt to negotiate low settlement offers with the victims early in their cases – before they understand the full scope of their damages, prognosis of their injuries, and what future expenses they are likely to face in connection to their accident.

If you have been contacted by an insurance carrier, you have no legal obligation to speak with them; a car accident lawyer can handle these communications on your behalf. By working with car accident lawyers in Durham, NC who have experience in high-stakes auto accident cases, you will also gain a better understanding of your damages (past and future), and position yourself to fight for the maximum amount of compensation possible.

What Damages Can I Recover in a Car Accident Case?

Common damages in auto accident cases include:

• Medical bills and future medical expenses
• Lost income and lost future wages
• Physical pain and suffering
• Emotional distress / mental anguish
• Emotional injuries suffered by family members

Can I File a Lawsuit Over a Fatal Car Accident in North Carolina?

If a motor vehicle wreck resulted in fatal injuries, surviving family members can pursue a wrongful death lawsuit to hold at-fault parties accountable, and obtain the justice and compensation they deserve.

In addition to survival actions that seek compensation for a victim’s damages prior to their death (including their conscious pain and suffering), wrongful death actions can compensate family members for damages they suffered, including their:

• Grief and emotional suffering
• Lost financial support
• Loss of emotional support
• Funeral and burial expenses
• Lost care, companionship, and guidance

Who Is At Fault in My Car Accident?

That depends. An investigation of your crash will be necessary to determine what party (or parties) can be held at fault. While at-fault parties may include drunk drivers, distracted motorists, and truckers who violate federal regulations, they may also include less-obvious parties, such as the manufacturer of a defective product or auto part, or a public entity responsible for roadway design or maintenance.

At Edwards Kirby, we have handled many North Carolina auto wreck cases in which fault and liability are not so clear, including those involving:

• Defective highway construction: $6.65M settlement over the deaths of three family members in a wreck caused by a defectively built portion of the highway.
• Defective tires: $6.7M settlement over the deaths of two victims due to a tire explosion.
• Other problems, include defective brakes ($5.35 million settlement); vehicle fires (confidential eight-figure settlement); and negligent hiring of a driver ($8.3 million verdict).

What If Defendants Say I Was at Fault?

North Carolina is one of just a very few states to follow the rule of contributory negligence in personal injury cases. Under the contributory negligence standard, also known as the 1 percent rule, victims cannot collect damages arising from an accident if they are in any way to blame for the incident – even if the other party was 99% at fault, and the victim only 1% responsible.

Because of this harsh legal standard, working with experienced Durham auto accident attorneys becomes all the more important – especially when victims suffered catastrophic injuries, or when defendants dispute liability, or argue that the victims contributed to causing their accidents. Our skilled attorneys are prepared to present your case to a **jury** to ensure you receive the compensation you deserve.

How Long Do I Have to File a Car Accident Lawsuit in Durham, NC?

Car accident victims and families with potential wrongful death claims have a limited amount of time to file lawsuits against at-fault parties, known as the statute of limitations. When the statute of limitations expires, victims cannot recover compensation for their damages.

In general, the statute of limitations for filing a car accident lawsuit in North Carolina is three years from the date of the crash (N.C. Gen. Stat. section 1-52) when people are injured, but only two years from the date of death when people are killed (N.C. Gen. Stat. section 1-53). However, the statute of limitations can differ depending on certain circumstances, such as minor victims under 18, and cases against government entities.

Because the statute of limitations can vary, it is advised that anyone with a potential claim seek a personalized evaluation to determine what time limitations may apply to their case.