The North Carolina Highway Patrol reported on January 2 that two motorcyclists died in Boardman, North Carolina, when their motorcycle struck a pickup truck that did not stop at a stop sign.
Carl Foster Jr., 51, and Patricia Wright, 52, both of Denver, North Carolina, were on a motorcycle going west on US 74 near Old Boardman Road, the highway patrol said. At 5:45 PM a pickup truck that was driven by Philip Smith, 71, from North Myrtle Beach, was pulling a trailer and failed to yield at a stop sign. He slammed into the motorcycle.
The pickup truck driver was not injured, and was charged with two counts of misdemeanor death by motor vehicle. The police stated that drugs and alcohol were not factors in the crash.
All of our wrongful death personal injury attorneys licensed in North Carolina send our condolences to the family lost in this tragic motorcycle accident. This accident was most likely preventable, and could have been caused by distracted driving; there were 3179 people killed by distracted driving in 2014.
Also, North Carolina car accidents are far too common; there were 1277 people killed in these accidents in 2014, which was a 1.3% increase from the previous year.
Our law firm has years of experience in handling wrongful death lawsuits in this state. It is important for grieving families to understand that their are legal remedies in North Carolina in these types of tragic accidents caused by the negligence of another driver.
To bring a wrongful death lawsuit successfully in North Carolina, your wrongful death attorney must prove these following points in civil court:
- The death occurred due to actions by the defendant.
- The death happened because the defendant somehow was negligent, or was strictly liable for the death.
- The death has affected a spouse, children, or other qualifying dependents who would be beneficiaries in a settlement or jury verdict. This means that the victim’s death must have caused personal damage to an immediate family member who can be financially compensated.
- The victim’s death has led to monetary damages.
Wrongful death lawsuits can be complex, and require the skill and experience of seasoned North Carolina personal injury lawyers. Our law firm recently represented a family whose loved one was hit and killed by a driver on a highway in North Carolina. The deceased was a mechanic who worked for a company and he was using his work truck.
His truck became disabled on a rural highway, where the speed limit was 55 MPH. The driver got out of his truck and was killed by an oncoming driver.
Evidence showed that the deceased turned on his flashers and there was red and white reflective tape on the back of his truck. Our deceased client was 49 years old and had two full time jobs. This meant there were several underinsured motorist polices that could apply in this wrongful death case. The case took time, and went to arbitration, but the three arbitrator panel found that $1.25 million was fair compensation for this accident.