Car Accident Lawyers in Raleigh, NC

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Handling Motor Vehicle Accidents With Care

Car accidents have become commonplace. Too many drivers ignore safety and distract themselves with some activity instead of focusing on the roads. Commonplace or not, accidents have significantly altered the course of many lives.

At O’Malley Tunstall PC, in Raleigh, North Carolina, our car accident attorneys serve Wake County and the greater Raleigh area. If a car accident led to your catastrophic injury or the death of a family member, we are available to help you begin rebuilding your life by pursuing compensation for your losses.

Surviving a frightening auto accident, truck accident, or motorcycle accident can be emotionally, physically, and financially challenging, but an experienced Raleigh car accident lawyer can work for your fair and full recovery. A fair recovery may include compensation for past and future medical costs, lost income, pain and suffering, and other accident-related losses.

Helping Injured Families Rebuild with Confidence

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For a free consultation call (919) 277-0150

When an accident results in a death, the surviving loved ones may be entitled to financial damages for medical care, funeral expenses, and the loss of support. We also handle Social Security Disability claims for those who become disabled as a result.

Tell us your story, and let us provide the support you need to take legal action. Insurance companies will often not offer you a fair settlement. We are more than willing to take your case to trial and fight for your best interests in court.

There is no charge for your initial consultation at either of our offices. All personal injury claims are handled on a contingency basis. This means you pay no lawyer fees unless we recover compensation on your behalf.

Time is of the essence after an accident. Contact us online or call us 24/7 at (919) 277-0150. Our caring lawyers can meet with you in the hospital or in the comfort of your home to start building your case.

Raleigh, Wake County, and North Carolina Car Accident Statistics

According to the North Carolina Department of Transportation’s 2024 Traffic Crash Facts report, Wake County recorded 94 traffic fatalities that year, and the City of Raleigh alone reported 16,799 crashes, 38 fatalities, and 6,226 injuries. Many of Raleigh’s most serious crashes cluster along high-traffic corridors such as I-40, I-440, US-1, and Capital Boulevard.

Statewide, speeding was a factor in 21.4% of all traffic fatalities in 2024, and a distracted driver was involved in roughly 17% of all reported crashes. North Carolina traffic deaths rose to 1,732 in 2024, a 2.7% increase over 2023.

Car Accident Injuries in Raleigh

Car accidents can cause injuries ranging from minor to life-changing. Some of the injuries people deal with after Raleigh car crashes include:

  • Whiplash and other neck injuries
  • Back injuries, including herniated or bulging discs
  • Broken or fractured bones
  • Concussions and other head injuries
  • Traumatic brain injuries (TBI)
  • Spinal cord injuries
  • Internal bleeding and organ damage
  • Deep cuts and lacerations requiring surgery
  • Cuts, bruises, and soft tissue damage

Not every injury shows up right away. Whiplash, concussions, and soft tissue damage can take hours or even days to cause noticeable pain or swelling.

The type and severity of your injury affects how your claim is valued. A broken arm that heals in eight weeks is treated very differently than a spinal injury that changes how you work and live for the rest of your life. Insurance companies look closely at your medical records, so getting a full diagnosis and following your treatment plan protects both your health and your claim.

If you were hurt in a Raleigh car accident, keep every medical record, bill, and doctor’s note. An experienced attorney can use that documentation to pursue the full compensation your injury deserves.

What to Do After a Car Accident in Raleigh

The most important thing you can do after a collision is to see a health care professional.

Many accident victims do not feel symptoms right away, so seek medical care even if you think you are fine. A health care professional can conduct a thorough examination and order diagnostic tests to check for injuries.

This is important for two reasons. First, some injuries take days or weeks to manifest. Second, if you wait too long to seek medical attention and then file an insurance claim later, the insurance company may argue that your injuries were not caused by the accident.

Keep all of your medical records and documentation related to the cost of your treatment. This will be important evidence if you decide to file a personal injury claim. You should also get the contact information of any witnesses who saw the accident. These witnesses can provide valuable testimony if your case goes to court.

If you or someone you are with has the capacity, get contact information from the other driver and any witnesses to the accident. Also, have someone take pictures of your vehicle as soon as possible and before it is repaired.The old saying is true, “A picture is worth a thousand words.”

As soon as you can, write down your memories about what happened, and keep notes about how you feel and what you did in the days and weeks following the accident. Documenting your personal aches and pain can help if you have to make a personal injury claim later on.

The insurance company may contact you soon after an accident and ask for a recorded statement. You are not required to provide a recorded statement, but the insurance company will use anything you say against you later. It is important always best to consult with a Raleigh accident attorney first.

In addition, do not sign any documents from your the insurance company without consulting with a lawyer. These documents may be releases that waive your right to make a claim in the future. The last thing you want to do is sign away your rights without fully understanding what you are doing.

It is also important that you do not give a recorded statement or sign any documents from the other driver’s insurance company either. Just like your own insurance company, the other driver’s insurance company will use anything you say against you later.

At the scene of the accident, the police will likely file a report. Get a copy of this report, as it can be helpful evidence in your case.

If you or someone you know has been in a car accident and suffered injuries, our Raleigh personal injury attorneys are here to help.

Who Pays If I Am Injured in an Auto Accident or If My Car Is Damaged?

If you are not at fault and another party causes the accident and injury to you or your property, he or she is responsible for your damages, and the other driver’s liability insurance pays for your car damage and personal injuries. In North Carolina, there is a doctrine called contributory negligence that states if you were even partially at fault, you could not recover damages.

For example, if the other driver ran a red light but you were speeding, the court may find that you were partially at fault and therefore not eligible to receive any compensation for your injuries or car damage. However, if the other driver was completely at fault, you would be able to recover damages.

North Carolina does recognize limited exceptions to this rule. For example, the “last clear chance” doctrine may still let you recover damages if the other driver had a final opportunity to avoid the crash and failed to take it. An experienced attorney can help you find out whether an exception applies to your case.

Starting July 1, 2025, North Carolina raised its minimum required auto insurance coverage to $50,000 per person and $100,000 per accident for bodily injury, plus $50,000 for property damage, up from the older 30/60/25 minimums (Source: N.C. Gen. Stat. § 20-279.21). Even with these higher minimums, a serious crash can still cost more than the at-fault driver’s policy will pay, which is why your own uninsured and underinsured motorist coverage matters.

It is important to note that in some car accident cases, even if the other driver is found to be entirely at fault, his or her insurance company may try to deny your car accident claim or offer you a low settlement. If this happens, you need an experienced personal injury attorney on your side who knows how to deal with these insurance companies and get you the maximum compensation you deserve.

If your insurance company is offering a settlement, you may be wondering if you should take it. No one can answer that question without knowing the facts of your car accident case which include: how the accident happened, who was at fault, and the extent of all of your damages. Each case must be decided on an individual basis.

What Kind of Damages Could I Be Entitled To?

There are many types of damages that may be available to you if you have been in a car accident. The most common type of damages is economic damages, which are meant to compensate you for your financial losses. These can include:

  • Lost wages: If you miss work because of your injuries, you can recover your lost wages.
  • Future lost earnings: If your injuries are so severe that you cannot return to work or you can only return to work in a limited capacity, you may be able to recover your future lost earnings.
  • Medical expenses: You can recover your current and future medical expenses related to the accident.
  • Property damage: If your car or other property was damaged in the accident, you could recover the cost of repairs or replacement.

Non-economic damages are meant to compensate you for your pain and suffering, as well as any other non-financial losses. These can include:

  • Pain and suffering: This can include physical pain and emotional suffering.
  • Loss of enjoyment of life: If your injuries have greatly impacted your ability to enjoy your life, you may be able to recover damages for this loss.
  • Loss of consortium: This is available to spouses who have lost the companionship of their husband or wife because of the accident.
  • Mental anguish: This can include anxiety, fear, and depression.
  • Emotional distress: If the accident has caused you to suffer from emotional distress, you may be able to recover damages for this.
  • Punitive damages: These may also be available in some cases. These are meant to punish the at-fault driver for his or her negligence and to deter others from engaging in similar behavior.

In North Carolina, you have three years from the date of the accident to file a personal injury lawsuit (Source: N.C. Gen. Stat. § 1-52(5)). If you do not file your lawsuit within this time frame, you will most likely be barred from recovering any damages.

This may seem like a long time, but it is important to remember that these cases can take years to resolve. It is best to contact a Raleigh accident attorney as soon as possible so that he or she can begin working on your case and gathering evidence.

Although it is possible to handle your own car accident claim, it is not advisable. Insurance companies have entire teams of adjusters, investigators, and attorneys whose job is to minimize the amount of money they have to pay on claims.

You need someone on your side who knows how to level the playing field and fight for your rights. If you or a loved one has been injured in an auto accident, contact us today for a free consultation. There are no upfront costs or fees, and we only get paid if we recover compensation for you.

How Can a Car Accident Lawyer Help My Case?

A Raleigh car accident lawyer can help you in many ways. First, they will thoroughly review the circumstances of your accident and advise you on whether or not you have a strong case. If they believe you do have a case, they will work with you to gather evidence and build a strong argument for why the other driver is at fault.

A car accident lawyer will also be able to negotiate with the other driver’s insurance company on your behalf. Insurance companies are notoriously difficult to deal with, and they often try to lowball accident victims by offering them settlements that are far less than they deserve. A good Raleigh car accident lawyer will fight for a fair settlement that covers all of your damages.

Finally, if necessary, a Raleigh car accident lawyer can take your case to court and fight for you there. This is usually only necessary if the other driver’s insurance company refuses to give you a fair settlement, but it is always good to know that you have an experienced legal advocate on your side who is willing to go to bat for you.

Let our experience help further your recovery. We back our experience with industry-recognized skills and a commitment to securing results and meeting clients’ goals.

Attorney Joseph P. Tunstall III has handled car and auto accident cases for decades. He has served as Chair of the North Carolina Advocates for Justice Auto Torts Section (2014–2015), carries an Avvo Rating of 10.0 (Superb), and has been named to Super Lawyers every year since 2014.

Our car accident attorneys do not hesitate to take personal injury cases to trial to secure the best result for a client’s car accident claims. We work hard to help our clients who suffer due to negligent drivers recover compensation for their medical bills, lost wages, and pain and suffering. Our law firm represents a variety of motor vehicle accident injury victims, including:

  • Drivers
  • Pedestrians
  • Bicyclists
  • Motorcyclists

If a negligent driver hit and injured you in Wake County, Johnston County, or anywhere along I-40, I-440, or US-1, you need immediate legal assistance to protect your rights. The aftermath of a car accident can be overwhelming, and you shouldn’t have to shoulder the burden alone. Dealing with rising medical bills, especially when you are unable to work due to your injuries, can place immense financial and emotional strain on you and your family.

When someone else’s negligence caused your suffering, you deserve compensation to cover medical expenses, lost wages, pain and suffering, and any other damages related to the accident. Seeking legal help promptly can ensure that your case is properly investigated, evidence is preserved, and your claim is filed within the required time limits.

An experienced Raleigh car accident lawyer can help you pursue the justice and financial relief you need to move forward.

Questions to Ask a Raleigh Car Accident Attorney

  1. How long have you been practicing car accident law in Raleigh, North Carolina?
  2. What percentage of your practice is dedicated to handling car accident cases?
  3. Have you successfully represented clients with similar cases to mine?
  4. Can you explain your fee structure and payment options?
  5. Will I be working directly with you, or will my case be handled by other members of your team?
  6. What is your approach to communication and keeping clients informed about the progress of their case?
  7. How do you typically handle negotiations with insurance companies?
  8. Are you willing to take my case to trial if necessary?
  9. Can you provide references or testimonials from past clients?
  10. How do you assess the value of a Raleigh car accident claim, and what factors will you consider in my case?
  11. What are the potential challenges or weaknesses you see in my case?
  12. How long do you expect my case to take from start to finish?
  13. Have you handled cases that involved serious injuries, like mine?
  14. How often do car accident cases like mine settle out of court, versus going to trial?
  15. Do you have experience dealing with insurance companies that have a reputation for denying claims?
  16. Will you assist in getting me the proper medical care while my case is pending?
  17. What do you recommend I do to protect my rights immediately following the accident?
  18. How will you help me gather evidence, such as police reports, witness statements, and medical records?
  19. What is your success rate in obtaining favorable outcomes for car accident cases?
  20. Are you familiar with North Carolina’s specific car accident and injury laws, and how might they impact my case?
  21. Do you work on a contingency fee basis, meaning I only pay if I win my case?
  22. What damages or compensation can I expect to pursue, beyond just medical bills and lost wages?
  23. How do you handle cases where the other driver is uninsured or underinsured?
  24. What steps should I take after the accident to avoid negatively impacting my case?
  25. How do you calculate future medical expenses or ongoing treatment needs when valuing a personal injury case?
  26. Have you dealt with car accident cases involving multiple liable parties?

Frequently Asked Questions

What should I do right after a car accident in Raleigh?

Get medical care right away, call the police to file a report, and avoid giving a recorded statement to any insurance company.

How long do I have to file a car accident lawsuit in North Carolina?

You generally have three years from the date of the accident (N.C. Gen. Stat. § 1-52(5)).

What if I was partly at fault for the accident?

North Carolina’s contributory negligence rule can stop you from recovering money if you were even slightly at fault, though exceptions like last clear chance may apply.

What is the minimum car insurance required in North Carolina?

As of July 1, 2025, drivers must carry at least $50,000 per person and $100,000 per accident in bodily injury coverage, plus $50,000 in property damage coverage.

Do I have to accept the insurance company’s first settlement offer?

No. Initial offers are often lower than what your claim is worth, and an attorney can negotiate for fuller compensation.

What if the other driver was uninsured or underinsured?

Your own uninsured and underinsured motorist coverage can pay for your damages when the at-fault driver does not have enough insurance.

How much does it cost to hire a Raleigh car accident lawyer?

Personal injury cases are typically handled on a contingency basis, so you pay no attorney fees unless we recover compensation for you.

Can a medical lien reduce my settlement?

Yes, but liens are often negotiable, and an attorney can work to reduce them so you keep more of your settlement. In many instances, when an individual is injured in a car accident and is pursuing compensation, health care providers or insurance companies may place a lien on the pending settlement or judgment to recover outstanding medical bills. This means that a portion of the compensation you receive may be allocated to covering your unpaid medical expenses before you are able to access the remaining funds.

Our Raleigh car accident lawyers are skilled in negotiating with medical providers and insurance companies to reduce the amount of a lien, ensuring that you retain as much of your settlement as possible to cover your needs and future expenses.

How long does a car accident claim take to resolve?

It depends on how serious your injuries are and whether the case settles or goes to trial. Complex claims can take a year or more.

Do I need a police report to file a claim?

A police report is not always required, but it provides valuable evidence and should be obtained whenever possible.

We’re Here to Help You Take the Next Step

Attorneys

To schedule a free consultation with the Raleigh car accident lawyers at O’Malley Tunstall PC, call our Raleigh offices at (919) 277-0150. You may also contact us online. Start your road to recovery and compensation with our Raleigh car accident attorney on your side.

Sources: NCDOT 2023 Traffic Crash Facts · NC Department of Insurance – 2025 Auto Insurance Minimum Changes · N.C. General Statutes, Chapter 1, Article 5 · City of Raleigh Open Data – Reported Crash Locations

Related pages: Truck Accidents · Motorcycle Accidents · Pedestrian Accident · Bicycle Accidents · Wrongful Death · Personal Injury