It’s Business And It’s Personal

Due to precautions related to COVID-19, remote consultations via teleconferencing, Facetime or Skype are available. Please contact our office to discuss if this option is appropriate for your situation. Let’s all stay healthy and safe.

North Carolina wrongful death claim for alleged negligent party?

| Jun 13, 2013 | Wrongful Death |

There are always accidents in life — actions with unintended consequences. However, even an event that was an accident affects the lives of others. For example, the family of a victim of a car accident must forever live with the loss of a family member even if that person’s death was completely unintended. Despite intentions, however, a presumed negligent party may be held financially and criminally responsible for their actions when appropriate under the circumstances. After an accident in North Carolina, the family of a deceased man may consider a civil case after the loss of their loved one.

Police were called to the scene of an accident one morning in late May. A 50-year-old male, driving a large pickup truck, was allegedly unable to stop for a vehicle that was attempting to turn left. According to police reports, to avoid rear-ending the stopped vehicle, the driver swerved to the left. In doing so, he crossed into oncoming traffic, where he struck a van head-on.

The driver of the van, a 52-year-old man, was killed as a result of the accident. He was wearing a safety belt. The driver of the pick-up truck has now been charged as a result of the man’s death.

While the man faces criminal charges, the family of the victim could seek additional relief in a North Carolina civil court. In civil court, an alleged negligent party may be ordered to make monetary payments in order to offset the financial repercussions of any wrongful actions that caused or contributed to a fatality. For example, the family of the deceased man will face funeral expenses and potentially the loss of the man’s wages. While extremely emotionally difficult to cope with the loss of a loved one, the family could struggle financially as well as a result of the unexpected loss

Source: Fayetteville Observer, “Wilmington man charged after fatal accident near Lillington,” Nancy McCleary, May 31, 2013

Archives

FindLaw Network