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Accident involving texting may lead to wrongful death claim
Most motorists here in North Carolina and elsewhere are aware of the dangers of texting while driving. Any type of distracted driving has the potential to cause a serious car accident. Unfortunately, texting is considered to be a factor in a recent accident in Belmont that claimed the life of an elderly woman. The driver now faces criminal charges, which may help the victim’s family if they decide to pursue a wrongful death claim.
According to the North Carolina Highway Patrol, the 45-year-old driver was in the middle of texting when she lost control of her vehicle. Her SUV left the road on the right side, striking a 75-year-old woman who was walking to her neighbor’s house. In addition, the vehicle ran into multiple garbage cans, a mailbox, a fence and a telephone pole.
The victim was transported to Gastonia Hospital, where she succumbed to her injuries. The driver who struck her now faces second-degree murder charges. She has also been charged with other offenses that include reckless driving, DWI and driving without a license.
In addition to appearing in criminal court, the driver in this case may have to face the victim’s family in civil court. Under the personal injury laws of North Carolina, they may be able to pursue a wrongful death claim in order to seek restitution for the loss of their loved one. If they are successful, they may be awarded compensation to cover funeral and burial expenses as well as other financial and emotional damages resulting from the accident. This may give them some peace of mind as they try to come to terms with their grief.
Source: wxii12.com, Troopers: Driver texted before deadly NC crash, charged with murder, No author, Feb. 10, 2014