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Durham Car Accident Lawyer

Durham Car Accident Lawyer 

Experienced Legal Support After a Car Accident in North Carolina 

After you or someone you love has been involved in a motor vehicle accident, you may have many questions that you don’t have clear-cut answers to. Whether you’re wondering who can pay your medical bills and expenses, what your options are if you don’t have health insurance, or what to do when the at-fault driver doesn’t have car insurance, Wallace Pierce Law can help.

Our Durham car accident attorneys have dedicated our website and legal practice to helping ordinary individuals understand the complex car accident process in North Carolina and help them receive maximum compensation.

Call our car accident lawyers in Durham now for a free, no-obligation consultation at (919) 887-7892, or contact us online.

Understanding Your Car Accident Claim 

There are two separate types of claims that arise out of a motor vehicle accident: 

Property damage is straightforward and can be handled on your own. However, the bodily injury portion can be much more difficult to understand.

Navigating Bodily Injury Claims in North Carolina 

There are only two ways to resolve a bodily injury claim in North Carolina. The first and most common way to resolve your bodily injury claim is through settlement negotiations with the at-fault driver’s insurance company. The other way is to file a lawsuit, keeping in mind that mediation and arbitration may be available once a suit has been filed.

Most North Carolina bodily injury claims are resolved through the settlement process. However, it can be difficult to assess what claim will require litigation in the early phases of a case. If you have any issues relating to your bodily injury claim, do not settle before consulting with an attorney.

Once you have settled and signed the release, you are barred from pursuing any further legal action against both the at-fault driver and their insurance company. Our Durham car accident lawyers can help you consider all your options before you make a decision that can impact the rest of your life.

Do You Qualify for a Car Accident Case?

The basic law governing car accidents stems from something called Tort law. More specifically, most accident cases are governed by the common law concept of negligence.

While these terms are not important for the purpose of what we are discussing, it is important that you understand that negligence is made up of four separate elements:

  • Duty
  • Breach
  • Causation
  • Damages


One must be able to prove that a legal duty of care exists between the injured person and the negligent person, requiring the negligent person to act with reasonable care to prevent the other’s injuries.

Examples of duty of care include:

  • A driver has a duty to themselves, their passengers, and the general public to operate the vehicle in a safe and prudent manner in a rainstorm
  • A driver has a duty to reduce their speed to avoid a collision if other vehicles are slowing or stopping
  • A driver always has a duty to pay attention to the traffic and road conditions
  • A driver has a duty to ensure that their vehicle has been serviced regularly and receives the necessary repairs to operate safely upon the road.


One must be able to prove that a breach of the duty of care occurred, usually caused by failing to act with reasonable care.

Examples of breach of duty include:

  • A driver speeding during a rainstorm
  • A driver failing to reduce speed necessary to avoid a collision when traffic stops or slows
  • A driver failing to see a curve or speed bump in the roadway
  • A driver failing to change brake pads in their vehicle


One must be able to prove that the breach of duty was the proximate cause of the injury that was sustained. In other words, if it were not for the breach, the injury would not have happened. This element is the most complicated and often will involve the testimony of experts.


An injury occurred or was caused by the breach of duty. The injury may be physical, mental, emotional, or financial.

This explanation of negligence has been simplified to explain the basic concepts and elements involved. In reality, a car accident lawyer with experience and knowledge should handle the application of these elements, as negligence in North Carolina is confusing, complex, and fraught with details and defenses.

It is recommended that you speak or consult with an experienced North Carolina car accident lawyer to assist you in better understanding the complicated laws that are in action related to your legal situation. An individual with the appropriate legal knowledge, training, and experience is best suited for handling cases related to car accidents.

Common Causes of Car Accidents

Car accidents can happen out of nowhere. The cause can range from a mechanical defect with the car to a distracted driver. Here are some of the most common causes of car accidents:

  • Distracted driving
  • Speeding
  • Inexperienced drivers
  • Driving under the influence
  • Negligence
  • Dangerous road conditions

Fault in North Carolina Car Accidents

Yes. North Carolina is considered a “Fault” or "At-Fault" state in regard to car accident claims. At-fault states will hold a driver found at fault for an accident liable for any damages they caused if the accident was caused by negligence.

Additionally, insurance companies will use the concept of contributory negligence when determining liability after an accident. If you have been injured in a car accident and you believe that your own actions may have contributed to your injuries, contact our car accident lawyer in Durham, NC to learn how we can help.

Call us now for a free, no-obligation consultation at (919) 887-7892, or contact us online to discuss your case.


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    “I want to brag about my experience!”
    “When my 4-year old son and I were involved in a terrible head-on collision, I wasn't sure where to turn. Wallace Pierce has been great showing me the way!”
    - Mary P.
    “Richard Dingus is a great attorney!”
    “Richard Dingus is a great attorney! And I think the best, serving in the state of North Carolina. I would recommend him for injury and bodily claim any day.”
    - Isaac B.
    “Thank you again for all you did for my family”
    “They were concerned not only about getting our vehicle replaced, but more importantly my kid’s full recovery.”
    - Coral M.
    “I was completely shocked at the amount I received”
    “I retained this law firm to fight my case. I was completely shocked at the amount I received once the case was won.”
    - Schjuana S.
    “They went above and beyond for me!”
    “Mr. Pierce gave me practical advice and was very thorough in guiding me through the process. I left with a strong and positive impression of him.”
    - Audria L.
    “Very knowledgeable”
    “Was able to either point me in the right direction or answer any questions I had regarding the accident I was in. Thank you!”
    - Steven L.
    “Great Law Firm!”
    “Great Law Firm, Friendly Staff, Amazing Service. Willing to help you every step of the way.”
    - Caleb M.
    “Thanking all of the Attorneys and Staff.”
    “I could not recommend anyone any higher than I recommend Wallace Pierce Law, they get the job done and they do it quicker and better and keep you informed along the way.”
    - Debby L.


Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.

  • $1,900,000 Wrongful Death

    The at-fault driver failed to reduce speed and collided with our client's vehicle. Our client passed away shortly after the collision.

  • $900,000 Wrongful Death

    Our client was thrown from his motorcycle and was pronounced deceased on the scene.

  • $122,000 Car Accident

    Vehicle made a left-hand turn, failing to yield the right of way.

  • $104,000 Serious Injuries

    Client was a passenger in a vehicle that was driving through an intersection when another vehicle ran a stop sign and t-boned the vehicle our client was in.

  • $104,000 Severe Injury

    We were able to not only receive policy limits for our client but were able to negotiate her medical bills and liens to ensure that she was able to keep a good portion of the settlement.

  • $102,000 Serious Injuries

    Elderly client was a passenger in a vehicle that was t-boned in an intersection where a driver failed to yield the right of way.