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Bad brakes could land North Carolina town in wrongful death suit

A snowplow driver in the town of Boone says that the brakes failed on his truck before he was involved in an accident. The North Carolina Highway Patrol has not completed its investigation into the incident but has said that charges are pending. The family of the victim may also end up filing a wrongful death claim in connection with the loss of their loved one.

The accident occurred when the snowplow driver failed to stop at a stop sign. As a result, he plowed into the side of a vehicle that had been heading north. There were three occupants in that vehicle. Whether the driver and another passenger in that vehicle sustained any injuries as a result of the accident is unknown.

The third occupant of the vehicle was taken to an area hospital. Despite several days in the hospital and the efforts of medical personnel, that passenger died due to the injuries she sustained in the accident. How the passenger's death affects the possible charges to be filed in this accident remains to be seen.

It is not yet known whether the North Carolina Highway Patrol has determined the condition of the brakes on the snowplow. The town of Boone may also face a demand for civil liability for the death of the victim since the snowplow belonged to the city. If the brakes on the snowplow failed, that liability could increase should the family successfully pursue a wrongful death claim to recover the costs and damages sustained as a result of their loved one's death.

Source: The Watauga Democrat, "UPDATE: Victim Of Snowplow Wreck Dies," Kellen Moore, April 1, 2013

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