Durham Car Accident Lawyers
Car Accident Attorneys in Durham, NC
No fee until we win.
Results from Our Durham Car Accident Lawyers
If you’re injured in a car accident, our Durham car accident lawyers – who are ranked among the best in North Carolina – understand that every car accident, big or small, can be a traumatic experience. Car accidents can lead to serious injuries, damage to your vehicle, medical bills, an inability to work, or lost time with family and friends. It adds up.
Our experienced Durham car accident lawyers can help. No matter how complex, our team at Osborn Injury Lawyers is ready to help you obtain every penny you deserve and provide compassionate client care through the life of your case.
$400,000
Injury Settlement
Auto accident victim hit while walking in a crosswalk
$375,000
Injury Settlement
Pedestrian hit by a commercial truck
$300,000
Injury Settlement
Car accident victim hit by a drunk driver
$250,000
Injury Settlement
Car accident victim injured in a rollover
$200,000
Injury Settlement
Motorcycle accident victim hit by a driver
$175,000
Injury Settlement
Minor auto victim injured while crossing the road
$160,000
Injury Settlement
Car accident victims hit by a drunk driver
$125,000
Injury Settlement
Pedestrian hit by a commercial truck
Damages You Can Recover After a Durham Car Accident
If you were injured in a Durham car accident, you have the right to receive compensation (sometimes called “damages”) under North Carolina law. Our experienced Durham car accident lawyers help clients with medical bills, medical care, property damage, and the stress/anxiety of physical and emotional recovery. Damages you can recover include:
Medical Bills
Medical bills are the most common kind of damages in a car accident claim. That includes medical expenses for ambulance rides, ER visits, doctor visits, chiropractic services, physical therapy, imaging (X-rays, MRIs, etc), prescriptions, surgery, and medical devices (crutches, home devices, etc). In North Carolina, you are able to recover all amounts you paid out-of-pocket, the amounts any health insurance carrier pays on your behalf, and any amounts that are still owed to medical providers. This is known as Rule 414.
Future Medical Care
For serious accidents that will require future or lifetime medical care, you can also recover the cost of future medical treatment from a car accident claim. Future medical care is not subject to Rule 414, so you’re entitled to the full “sticker price” for future medical care as long as it is reasonable and medically necessary in the opinion of your treating providers.
Lost Wages or Loss of Earning Capacity
If the car accident causes you to miss work for an extended period of time, you can also recover lost wages in your claim. Lost wages refers to the actual time, hours, portion of your salary, and/or bonuses that you lost due to your injuries. In some serious cases, we can also seek loss of “earning capacity,” which refers to the loss of your ability to work in the future or to work in a certain field or type of job. For self-employed clients whose tax returns may not accurately reflect the full labor benefits of their employment, loss of earning capacity might be a better reflection the harm caused than just how much income or profit you would have made.
Permanent Disability and Scarring
Many car accident victims suffer permanent injuries or scarring because of the accident. Even if the permanent disabilities or disfigurement do not require future medical care, you are still entitled to monetary damages for the changes to your body and your appearance, no matter how big or small.
Pain and Suffering
For car accident claims, pain and suffering refers to the physical and emotional distress caused by your injuries and your experience. That includes physical pain, depression about changes to your body, the anxiety over medical bills and treatment, the uncertainty of not knowing about your future prognosis or how you’ll pay for medical bills in the future, and even the anguish that comes with being blamed for something you didn’t do. Pain and suffering is real, and it captures all other aspects of being involved in a traumatic accident that aren’t easily calculable.
Punitive Damages
For especially egregious or bad conduct (like drinking and driving), you might also be able to seek punitive damages following your accident. For driving claims, punitive damages are typically reserved for drunk driving, street racing, or other shocking or reckless conduct. Unlike compensatory damages, which are intended to repay the injured victim to make them “whole,” punitive damages are intended to punish the wrongdoer and to deter other wrongdoers in the community.
Contact Our Durham Car Accident Lawyers
Please complete the short form below to contact our office. We will respond to your request quickly.
"*" indicates required fields
How Much Is a Car Accident Claim Worth in Durham, NC?
One of the most common questions our Durham car accident lawyers receive is “how much is my claim worth?”. Although every case is different, here are some general rules of thumb to assess the value of your auto injury claim:
More Medical Treatment = More Value
The biggest factor for determining the value of a Durham car accident claim is how much and what kind of medical treatment the victim received after the accident. To an insurance company and a jury, hurt people see a doctor. And the more hurt or injured you are, typically the more medical treatment you receive. Not all medical care is treated equally. Getting spine surgery certainly suggests a more serious injury than seeing the chiropractor. But as a general rule of thumb, clients with a longer record of consistent medical care and treatment following an accident typically recover larger settlements and verdicts in their cases.
Severity of the Accident
The kind and severity of the accident also plays a big role in the value of a Durham car accident claim. Accidents where there is very little property damage are often valued less than accidents where the vehicles were totaled. Insurance companies and jurors are much more likely to believe your complaints of lingering pain or headaches if you were involved in a rollover or had to be freed by the jaws of life than a case where both cars were still driveable and repairable after the collision.
Whether Your Injuries Are Permanent
Car accidents that result in permanent injuries or disabilities are also typically valued more than accidents where the victim fully recovers. Permanent injuries or disabilities mean longer pain and suffering and typically more changes to a person’s life after the collision. A broken leg with rods, pins, and screws is valued more than a broken leg that fully recovers.
If the Defendant Has Done This Before
Durham car accidents are also typically valued more when the wrongdoer (sometimes called the “torteasor”) has a history or pattern of doing this before. Humans make mistakes and juries are quick to forgive accidents where there is true remorse and the cause was a simple misjudgment or error. But if the at-fault driver has a history of drunk driving or reckless driving and causes another accident, then that claim is often valued more.
Common Types of Car Accidents in Durham, NC
Failure to Yield
A car accident where one driver fails to follow the traffic laws that dictate who has the right-of-way. These accidents frequently occurs in intersections, where one driver has a yellow light and one driver has a green light or when a driver ignores a street sign.
Red Light or Stop Sign Accidents
A car accident where the at-fault driver ignores or fails to follow a red light or stop sign and causes a collision. These accidents frequently occur in 2-way stop intersections where drivers erroneously believe it is a 4-way stop.
Rear End Collisions
A car accident where the at-fault driver fails to stop in time before colliding with the vehicle in front of them. These accidents are commonly caused by people following too closely or looking at their phones.
Head On Collisions
A very dangerous car accident where two vehicles collide while traveling towards one another. These accidents are frequently caused by one driver crossing the center line on a road or highway.
Rollovers
Another very dangerous kind of car accident where one vehicle leaves its wheel base and ends up on its side or roof, usually after being struck by an at-fault driver. Car roofs are not designed to sustain that kind of impact, and roof collapses are often fatal.
Drunk Driving Accidents
A car accident where the at-fault driver had been drinking and was under the influence of alcohol when the collision occurred. Also known as “impaired driving,” this can also include being under the influence of any drugs or narcotics.
Learn More >
Commercial Truck Accidents
A car accident where the at-fault driver was in a commercial vehicle, tractor-trailer, sprinter van, or any kind of oversized or specialty use vehicle. Tractor-trailer accidents often involve serious injuries and are frequently fatal.
Learn More >
Motorcycle Accidents
A car accident where the victim was driving a motorcycle, moped, or e-bike. Because motorcycles have few driver protections, accidents involving motorcycles often result in permanent or fatal injuries.
Learn More >
Pedestrian Accidents
A car accident where the victim is a pedestrian, meaning a person traveling by foot on or near a roadway. In North Carolina, pedestrians have the right-of-way if they are walking within a crosswalk, but drivers often miss them when they aren’t paying attention. Pedestrian accidents also typically involve serious, life-changing injuries.
Learn More >
Meet Our Top Rated Durham Car Accident Lawyers
Our legal team – from top to bottom – takes pride in supporting and fighting for our clients in their time of need throughout Durham and Durham County North Carolina.
Justin Osborn
Managing Partner
Santiago Arroba
Injury Lawyer
Other Cases Our Durham Injury Lawyers Handle
Personal Injury
- Durham Personal Injury Lawyers
- Durham Dog Bite Lawyers
- Durham Defective Products Lawyers
- Durham Premises Liability Lawyers
- Durham Slip and Fall Lawyers
- Durham Dram Shop Accident Lawyers
- Durham Elevator and Escalator Accident Lawyers
- Durham Gas Leaks and Explosions Lawyers
- Durham Fire and Burn Accident Lawyers
- Durham Pool and Lake Accident Lawyers
- Durham Retention and Stormwater Pond Accident Lawyers
- Durham Child and Daycare Abuse Lawyers
- Durham Wrongful Death Lawyers
Motor Vehicle Accidents
- Durham Drunk Driving Accident Lawyers
- Durham Trucking Accident Lawyers
- Durham Pedestrian Accident Lawyers
- Durham Motorcycle Accident Lawyers
- Durham Bicycle Accident Lawyers
- Durham Farm Equipment Accident Lawyers
- Durham Boating Accident Lawyers
- Durham Golf Car Accident Lawyers
- Durham ATV Accident Lawyers
- Durham Jet Ski Accident Lawyers
- Durham DOT Construction Accident Lawyers
Important Laws for Durham Car Accident Claims
Keeping a Proper Lookout
North Carolina General law states that drivers have a duty to “keep a lookout in the direction of travel” and “see what he ought to have seen.” Failing to keep a proper lookout just means a driver wasn’t paying close attention.
Too Fast for Conditions
North Carolina statutes forbid a driver from driving at a speed that endangers or is likely to endanger a person or property. There are times, especially in bad weather, that driving the speed limit could still be “too fast for conditions.”
Yielding the Right of Way
North Carolina law requires that drivers wait to let certain other vehicles, pedestrians, and emergency vehicles enter the roadway first or take priority while driving. This is known as yielding the right of way.
Following Too Close
North Carolina statutes forbid a driver from driving too close or operating at a speed where the driver cannot safely stop the vehicle to avoid an accident. This is the most common cause of rear end accidents.
Failing to Maintain Lane
North Carolina laws prohibit drivers from leaving their lane of travel to pass, turn, or go into another lane without first checking to make sure that the movement can be made safely. These are the common “he turned in front of me” cases.
Contributory Negligence
North Carolina law also prohibits drivers from recovering damages for injuries they suffered in an accident if the injured driver was responsible for causing the accident. This is true even if the injured driver is just a little at-fault.
Who Is At-Fault After a Car Accident in Durham, NC?
Let an Experienced Lawyer Help
Determining fault in a car accident can be difficult because there isn’t always a clear answer. There are a number of factors that can contribute to a vehicle accident, like road conditions and weather. But when our car accident lawyers assess who is at-fault, we often look at these specific factors and evidence:
Distracted driving?
In the wrong lane?
Vehicle maintenance issue?
Driving while impaired?
Speeding?
Unsafe turn or operation?
How Much Does a Durham Car Accident Lawyer Charge?
Our Costs Are Upfront and Transparent
Like most injury law firms that handle car accident claims, we charge our clients contingency fees. That means you do not pay our lawyers anything upfront to hire us. We agree to work on your claim for as long as necessary and only receive a fee if we are successful is obtaining monetary damages for you in the case.
For Durham car accident claims, our contingency fee is typically 1/3 of the recovery. Unlike other law firms, we do not charge more money if the case goes to trial. However for other kinds of more complex personal injury cases (like premises liability, wrongful death, defective products, etc), we may charge a higher rate. In every case, we will discuss our costs and fees with you before you hire our firm as part of our commitment to transparency and trust.
Schedule a Free Consultation with an Experienced Durham Car Accident Attorney
Zero Cost | No Obligations
At Osborn Injury Lawyers, we believe that a victim’s personal finances should never be a barrier to obtaining legal help. So we’re proud to offer free consultations and case evaluations for any potential client interested in our services or learning about their legal rights.
FAQs for a Durham Car Accident Lawyer
What Should I Do After a Car Accident in Durham, NC?
After a car accident, first it is important to make sure everyone is safe. Then, you should contact the police and other emergency personnel (if needed). It is important to get police to the scene to document the accident and injuries. If possible, don’t move your car because car positioning is important for determining fault. Once you’ve ensured that you’re safe and not in danger of additional injury, it’s important to take pictures and document everything you can about the accident. That includes getting the names and phone numbers of witnesses if possible. Then, contact a Durham car accident lawyer as soon as you can.
What Should I NOT Do After an Auto Accident in Durham, NC?
The worst things you can do after a car accident are 1) moving your vehicle; 2) not telling your version of what happened to the police; 3) not getting the other driver’s information; and 4) not taking pictures. There’s only one chance to gather this information and evidence before it is lost. But if you’re severely injured, you might not have the opportunity. That’s why you should contact a Durham car accident lawyer as soon as possible.
Should I Talk to the Insurance Company After a Durham Auto Accident?
Talking to the insurance company after a car accident can be dangerous. Remember that the insurance adjuster is not interested in the truth or just “getting your side” of the events. The insurance carrier is looking for some reason – ANY REASON – to deny your claim. That is especially true when the insurance carrier wants to conduct an Examination Under Oath or recorded statement. Other than releasing your vehicle to the insurance carrier so they can safely store your vehicle while the claim is negotiated, we recommend not speaking with the insurance company without talking to a lawyer first.
What Is the Statute of Limitations for Durham Car Accidents?
For Durham car accident claims, you have three (3) years from the date of the accident in order to file a claim against the at-fault party. Children under the age of 18 may have a longer deadline. Failing to file a claim on time is the #1 reason that cases get dismissed, so it is important to talk to a lawyer as soon as possible following an accident.
How Much Is the Average Settlement for a Car Accident in Durham, NC?
Every car accident in Durham, NC is different so determining the “average” settlement for a Durham car accident claim isn’t possible or even necessarily helpful. Be skeptical if other lawyers or law firms talk about “average” settlements because that means they are handling a volume of claims and not assessing each claim closely. However, the factors that affect how much money you could receive in a car accident settlement include:
- The severity of the injuries
- The amount of auto insurance (coverage) the at-fault driver has
- Who is at-fault
- If you suffered any permanent disability or scarring
The minimum coverage limits for vehicle insurance recently increased (up to $50,000 per person, $100,000 per accident), so the good news is overall case values have generally increased.
How Do Insurance Policy Limits Affect My Durham Car Accident Claim?
The amount of insurance coverage the at-fault driver has can affect the amount of compensation injured parties could receive after a car accident. If the at-fault driver has only the minimum insurance coverage, their policy might not be enough to fully compensate the victim for their injuries and damages. For instance, if an accident victim needs surgery after a car accident but the at-fault driver only has minimum auto coverage, then there is not enough money from insurance to take care of all of the victim’s harms and losses.
In North Carolina, drivers are now required to carry minimum policy limits of $50,000 per person and $100,000 per accident. That’s an increase from the old $30,000/$60,000 limits. Which is good news for everyone on the road.
Which Driver Is Liable for Auto Accident Claims in Durham, NC?
Determining who is liable (or “at-fault”) for a Durham motor vehicle accident can be difficult. But there are some general rules of thumb. If you’re rear-ended, the other driver is typically at-fault. If the other driver ran a red light or stop sign, they are typically at-fault. If the other driver was driving while intoxicated or impaired, they are usually at-fault. If the driver hits a pedestrian in a crosswalk, the driver is typically at-fault. An experienced car accident lawyer can assess your situation.
How Does an Insurance Company Determine Who Is At-Fault in a Car Accident in Durham, NC?
First, it is important to remember that insurance companies are not the authority on who is or is not at-fault in a motor vehicle accident. Insurance companies have a financial interest in not paying claims, and they will frequently deny claims simply to avoid having to pay them. Our Durham car accident lawyers frequently represent clients in claims where the insurance carrier has denied liability. It’s important to talk to an experienced lawyer first.
What Is Contributory Negligence in Durham Auto Accident Claims?
Contributory negligence is a law in North Carolina that prohibits drivers from recovering damages for injuries they suffered in an accident if the injured driver was responsible for causing the accident. This is true even if the injured driver is just a little at-fault. The law is very unfair and very outdated (only three (3) states still follow it), but good Durham car accident lawyers understand how to respond and defend against contributory negligence arguments.
How Does Contributory Negligence Affect My Durham Accident Claim?
Contributory negligence is an insurance carrier’s dream because it gives insurance companies an excuse to deny a claim if there is any plausible scenario where the injured driver might be partially at-fault. So the threat of contributory negligence may slow down your claim if the insurance carrier wants to hide behind that defense to avoid paying your claim. However, contributory negligence must be proven by the insurance carrier, which requires evidence and witness testimony like any other claim. Sometimes that just means a lawsuit has to be filed to move the case forward.
How Is Pain and Suffering Calculated for Auto Claims in Durham, NC?
There is no exact formula or methodology for calculating pain and suffering in North Carolina. It also differs person to person. A back injury could be catastrophic to one victim, but that same injury could be less consequential to someone else. But there are rules of thumb that lawyers and insurance carriers often follow for standard car accidents. Typically, an insurance carrier will offer 1-2x the total amount of medical expenses in a case to account for the injured party’s pain and suffering. That number increases if there is a head injury and may be more like 5-6x the total medical expenses if the accident causes permanent disability or disfigurement. But every car accident is different, and every insurance carrier evaluates claims differently.
How Do I Get Pain and Suffering Damages for Durham Car Accident Claims?
Almost any Durham car accident settlement or jury award is going to include some amount for pain and suffering. In many cases, pain and suffering is the largest component of damages. The amount of pain and suffering from a car accident is typically where most negotiating takes place when trying to resolve a car accident claim. In order to receive the full and fair amount of pain and suffering you deserve, you’ll need to hire an experience car accident attorney to help.
Will the Insurance Company Pay for My Medical Bills After an Auto Accident in Durham, NC?
Yes, but it’s a trap. Insurance carriers will often offer to pay your medical bills after a Durham car accident to prevent you from talking to a lawyer and trick you into a quick settlement. In reality, you’re entitled to getting your medical care paid for and medical bills reimbursed but in addition to even more, like pain and suffering and lost wages. A good Durham car accident lawyer will help you collect the full amount of compensation you deserve following an accident.
How Long Will It Take to Settle My Durham Car Accident Claim?
Each case is different and so are the injuries you might suffer in an accident. For most claims, the longest waiting period is the amount of time it takes for the injured victim to heal following the accident and to get a full picture of their medical needs (both now and in the future). You only get one chance at settlement; you can’t come back and ask for more money in the future. So it may take several months or, in rare instances, a year to complete your treatment following an accident. But once medical treatment is completed, it takes an average of 4-6 months to settle your claim.
Will My Durham Car Accident Claim Go to Trial?
Very few cases (less than 2%) of filed civil cases, like car accident claims, go to trial. The vast majority of cases settle either pre-suit (before a lawsuit is filed) or at some point during the litigation process (after a lawsuit is filed).
Do Any Durham Auto Accident Lawyers Provide Free Consultations?
Absolutely. While some law firms charge for consultations, at Osborn Injury Lawyers, our Durham accident lawyers always provide free and risk-free consultations for our potential clients.
Important Facts for Durham Car Accident Claims
Car Accidents Are Becoming More Common
Accidents on the Rise Despite More Safety
According to the North Carolina Department of Motor Vehicles, the number of car accidents has increased over the last five years, despite the increase in safety features in cars during that time. And car accidents are also becoming increasingly more fatal.
Most Car Accidents Occur During Morning and Evening Commutes
More Traffic = More Accidents
Studies show that more traffic accidents occur during the time period of 7:00 am – 7:00 pm than at any other time. Though many people associate night driving with being more dangerous, you have a far greater chance of being in an accident commuting to and from work than driving overnight.
Distracted Driving Is Becoming a Worse Problem
Phones and Cars Are a Bad Combo
According to reports by the National Highway Traffic Safety Administration, nearly 1 in 5 accidents are caused by distracted driving. Cell phone usage is the leading cause, and studies show that texting while driving is more dangerous than drunk driving.
Dangerous Streets and Intersections Account for the Most Car Accidents
Street Design Can Cause Car Accidents
An analysis of car accident data shows that a small percentage of streets and roadways often account for most serious injury and fatal car accidents. In Durham, 74% of serious and fatal accidents occur on just 10% of city streets. Road design and traffic patterns are most frequently to blame.
Other Locations Our Durham Car Accident Lawyers Serve
Apex Car Accident Lawyers
Learn More >
Asheboro Car Accident Lawyers
Learn More >
Asheville Car Accident Lawyers
Learn More >
Boone Car Accident Lawyers
Learn More >
Burlington Car Accident Lawyers
Learn More >
Charlotte Car Accident Lawyers
Learn More >
Clayton Car Accident Lawyers
Learn More >
Chapel Hill Car Accident Lawyers
Learn More >
Concord Car Accident Lawyers
Learn More >
Durham Car Accident Lawyers
Learn More >
Fayetteville Car Accident Lawyers
Learn More >
Gastonia Car Accident Lawyers
Learn More >
Goldsboro Car Accident Lawyers
Learn More >
Greensboro Car Accident Lawyers
Learn More >
Greenville Car Accident Lawyers
Learn More >
Hendersonville Car Accident Lawyers
Learn More >
Hickory Car Accident Lawyers
Learn More >
High Point Car Accident Lawyers
Learn More >
Hillsborough Car Accident Lawyers
Learn More >
Jacksonville Car Accident Lawyers
Learn More >
Kinston Car Accident Lawyers
Learn More >
Lumberton Car Accident Lawyers
Learn More >
New Bern Car Accident Lawyers
Learn More >
Pinehurst Car Accident Lawyers
Learn More >
Raleigh Car Accident Lawyers
Learn More >
Rocky Mount Car Accident Lawyers
Learn More >
Salisbury Car Accident Lawyers
Learn More >
Sanford Car Accident Lawyers
Learn More >
Shelby Car Accident Lawyers
Learn More >
Wake Forest Car Accident Lawyers
Learn More >
Wilmington Car Accident Lawyers
Learn More >
Wilson Car Accident Lawyers
Learn More >
Winston Salem Car Accident Lawyers
Learn More >