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North Carolina wrongful death; Police say texting caused death

May 30, 2013 - Wrongful Death by

The North Carolina Department of Transportation has been doing construction on a bridge over Abbotts Creek that has required the Davidson County Sheriff’s Office to oversee a rolling roadblock. One of the northbound lanes of traffic had come to a stop when the last car was rear ended. The driver of the car that hit the last vehicle may end up facing both criminal charges and a wrongful death claim.

According to evidence gathered by the North Carolina Highway Patrol’s accident reconstruction team, the driver of the car that caused the accident was texting as he was driving along at somewhere between 60 and 65 mph. The driver didn’t even attempt to stop before slamming into the back of the other vehicle. The chief of the county’s rescue squad was nearby, and he and two others pulled the victim out of his vehicle.

He began CPR until the paramedics arrived. Lifesaving efforts continued as they transported the man to the hospital. Unfortunately, the man’s injuries were simply too great and he died. He had not been wearing a seat belt and the air bags in his vehicle failed to deploy.

The family of the victim may exercise its right to file a wrongful death claim against the party or parties responsible for his death. In this case, it may not only be the driver that is facing a civil suit. The fact that the air bags in the victim’s car failed to deploy could result in the family filing a cause of action against the automobile manufacturer. A review of the circumstances and applicable laws will help in determining what parties to join in the lawsuit. Where any monetary award will only help with the family’s financial recovery, prevailing in a civil action may give the family a sense that justice was done for their loved one.

Source: The-Dispatch.com, “Trooper: Texting caused fatal accident,” Darrick Ignasiak, May 15, 2013