What Is A Fatal Collision In North Carolina?
Key Highlights:
- A fatal collision in North Carolina is defined as when an individual is killed due to a vehicle crash, anywhere from miles away and on-scene to later in the hospital because of injuries as a result of an auto accident.
- In 2024, North Carolina registered a total of 1732 automobile fatalities; this figure does not include those who died as a result of other causes, like drownings, explosions, etc.
- An auto accident involving wrongful death car accident NC can involve two distinct cases: a criminal case involving a driver who commits a crime and a civil case in which family members seek damages for lost income and emotional pain.
- In North Carolina, wrongful death claims can only be made by the personal representative of the decedent’s estate (i.e., the general executor or administrator). Family members do not have a direct right to sue for wrongfully caused death of someone.
- Wrongful death claims in North Carolina must be submitted within two years from the date of the person’s death pursuant to N.C. Gen. Stat. § 1-53. This limitation period is shorter than the standard three-year statute of limitations for all other types of personal injuries.
A collision that causes the death of an individual on behalf of another party due to injuries sustained in an accident is known as a fatal accident. A fatal car accident can occur anywhere within the state of North Carolina, from rural highways to city streets, interstate highways to construction sites, and high-traffic areas in your neighborhood.
One moment, the person is driving home from work or taking their child to practice, and suddenly, their life has taken an unexpected turn. As soon as the collision occurs, questions arise rapidly for family members. In the year 2004, there were 1,732 total traffic fatalities in North Carolina, and each one was a parent, child, spouse, or friend to someone else.
I am Robert Tatum, a practicing attorney with Tatum & Atkinson Law Firm. Our firm is a veteran-owned and operated law firm with over 65 years of combined legal experience assisting families of North Carolina understand the events surrounding a fatal accident and possible remedies.
What Defines A Fatal Collision Under North Carolina Traffic Laws?
The definition of “fatal collision” is an accident that results in the death of an individual as a result of the crash. A deadly collision NC can also involve numerous vehicles or an individual driving a vehicle, a passenger riding in a vehicle, a pedestrian, a bicycle rider, a motorcycle rider, or a truck driver.
Under North Carolina law, death by vehicle has specific criminal implications. A 2015 North Carolina General Statute 20-141.4 states that if someone causes the death of another person while also violating North Carolina’s law against driving while impaired, this is known as a felony death.
Why The Criminal Case Is Not Your Family’s Case
Although there may be civil cases arising out of the same facts as a criminal prosecution for the same case, a family that loses a loved one in a fatal collision does not have to wait until the criminal case is resolved to prosecute a civil case.
In other words, there are two entirely separate areas of law: The criminal side deals with punishment, fines, license consequences, prison sentences, and other things, and the civil side deals with losses incurred by the victim’s family, including medical, funeral, lost wages, and loss of consortium. A conviction, however, does not automatically satisfy a family’s civil claim, nor must a family’s civil claim be decided before a defendant’s conviction.
What Causes Fatal Collisions In North Carolina?
Fatal car accidents are not caused by just one small mistake; they generally result from a combination of speed, force, timing, and bad decisions on the part of drivers involved. Examples of fatal car accident North Carolina include running red lights, crossing centerlines, being impaired, texting while driving, speeding, or failing to reduce speed for stationary vehicles.
The Single Biggest Factor: Lane Departure
According to the data in the NC Strategic Highway Safety Plan, even though lane departure crashes account for only 22% of all crashes statewide, they account for 52% of all fatalities and serious injury crashes in North Carolina. In fact, lane departure fatalities rose by 19% over the last five years. Lane departure accidents can account for over half of all fatal accidents in North Carolina.
Common fatal crash causes North Carolina families hear about many reasons why other drivers may have caused the deaths of their loved ones in car accidents, such as speeding, driving under the influence, distracted driving, drowsy driving, unsafe passing, failure to yield right-of-way, following too closely, aggressive driving, adverse weather, roadway defects, and mechanical malfunctions.
North Carolina also has multiple causes of fatalities due to deadly motor vehicle accident NC, including a rain-soaked speeding driver, a tired truck driver driving at night, and a distracted driver driving near a construction zone. Crashes do not usually occur in a neat manner.
Why Are Rural Highways Often So Dangerous?
Peaceful surroundings often cause dangers on country roads, but this will contribute to increased crash severity due to higher speeds, fewer traffic controls, and sharper curves. The extremely long distances for emergency services and the narrower lane widths also lead to more serious accidents occurring.
An example of a fatal highway collision North Carolina is a situation in which a vehicle leaves their lane and collides with another vehicle head-on; the vehicles do not have enough time to react before the accident occurs.
Serious highway accidents occur regularly on the interstate highways I-40, I-85, I-95, I-77, I-26, and U.S. 74 as well due to high speeds of vehicles and the mixing of passenger vehicles with heavy truck traffic.
The Insurance Institute for Highway Safety (IIHS) collects data on the safety of roadways by reporting on the number of fatal accidents occurring on a state-by-state basis. This data can be evaluated according to the road characteristics where the accident occurred, the types of vehicles involved, the speeds at which the vehicles were traveling, and access to emergency services after an accident occurs.
What Happens During A Fatal Accident Investigation?
Once a fatal collision occurs, the site will typically remain secured for a lengthy period of time. Officers collect all necessary evidence from this location before it is released back to the owner. Evidence collected can include:
- measurements of the area
- photographs of damage
- interviews with witnesses
- an examination of tire skid marks
- identification of the debris field(s) (which contain items such as broken glass and car parts), and
- documentation of the final resting position of vehicles involved in the accident.
The fatal accident investigation North Carolina may involve multiple agencies, including the crash scene reconstructionist, toxicologist, data recorder downloads, traffic camera inspections, dash-cam footage, phone records, truck records, autopsy report(s), and coroners’ results. In North Carolina, drivers, insurers, attorneys, and others who may have access to the reports can make requests through the North Carolina Division of Motor Vehicles.
Who May Respond To The Scene?
Depending on the crash location, possible responding agencies include:
- the local police department (city)
- county sheriff’s department
- North Carolina State Highway Patrol
- fire department
- emergency medical service
- rescue squad, coroner’s office (or medical examiner)
- towing company, and
- N.C. Department of Transportation (NCDOT) Traffic Division personnel.
Prosecutors may also review the evidence collected for criminal prosecution purposes.
How Do Authorities Determine The Cause Of A Deadly Crash?
In a crash investigation, the priority is to collect the physical evidence first: car damage, road markings, impact angle, where the impact occurred, where the car came to rest, weather, brightness of the scene, distance to the traffic signal, whether seatbelts or airbags deployed, etc.
After collecting this evidence, the investigator will then analyze the data from other outside sources: witness statements, driver statements, video, cell phone records, toxicology reports, etc.
A serious crash resulting in death NC can take several months to complete an investigation because the final decision may rely on multiple pieces of evidence. Families want answers as soon as possible, and we understand that. However, an investigation that is rushed can hinder any possible future legal action.
What Types Of Vehicles Are Involved In Fatal Collisions?
All vehicles have the potential to create fatal accidents. Fatal accidents may occur involving passenger cars, pickup trucks, motorcycles, bicycles, pedestrians, buses, delivery vans, and tractor-trailers.
How Fatal Truck Accidents Are Investigated vs. Other Types of Fatal Vehicle Accidents
A fatal truck accident North Carolina may be more complicated than other types of fatal vehicle accidents due to the types of information that may be available to establish fault in the case of a commercial truck accident.
Information can include driver logs, company policy documents, inspection records, maintenance records, cargo documents, and electronic records of the trucking company and driver(s) as required by federal hours-of-service regulations. Many times, the trucking company and/or its insurance carrier will take steps early on to protect themselves from liability; therefore, it is necessary to preserve this evidence very early in the process.
How Do Fatal Collisions Affect Families?
This tragedy touches more than just the legal aspects. It also touches our feelings. Very deeply.
Funeral expenses, medical bills, losing money from job loss, grieving, changes in care for children, not having a proper estate, phone calls from insurance companies, and having questions that will never be answered.
If there were one person in the family whose job was paying the bills, picking up kids from school, cooking meals for the family, or taking care of the children, that person would no longer be available to do those things.
There are many more North Carolina traffic fatality accidents than the numbers. There is an empty chair at the dinner table. There is no phone call telling you what your loved one did today. There is a future that was supposed to be together, but it was taken from you.
What Legal Options May Be Available After A Fatal Collision?
If a person’s death results from another person’s or a company’s negligence in a car accident, they may be eligible to file a wrongful death car accident NC claim against them. Possible at-fault parties could be the driver, trucking company, owner of the vehicle, employer, and maintenance provider.
Who Decides Who Can Lawfully File A Death Claim In NC?
Many families are confused by this issue. In North Carolina, the only person who can bring a wrongful death case is the personal representative of the decedent’s estate (often referred to as the executor).
Neither the spouse nor the child nor the partner has the authority to act on behalf. Instead, they must wait until the claim has been brought to trial and then receive compensation for their loss from the settlement or jury verdict.
If the decedent was an individual with a will, it will likely specifically name a personal representative as the executor. If there is no will, then a personal representative will be chosen by the court, usually the spouse, adult child, or parent of the deceased.
What is the Time Limit for Filing a Family Wrongful Death Claim?
North Carolina law (N.C. Gen. Stat. § 1-53) states that a wrongful death lawsuit must be filed within two years from the date of death, not two years from the accident date. This is an important distinction if the decedent survived days or weeks after the accident.
If this time limit is missed, the wrongful death lawsuit will be dismissed regardless of its merits. Therefore, families should not wait to have a personal representative appointed because that process will take time due to the need for probate.
What Types of Damages Can Be Recovered in a Family Wrongful Death Claim?
Recoverable damages may include (but are not limited to):
- pre-death medical costs
- funeral and burial expenses
- wages lost due to the decedent’s death
- value of lost support and services
- mental anguish and pain/suffering that occurred before the decedent died
- and the loss of the decedent’s care, companionship, and guidance.
The facts surrounding each case will dictate the appropriate path forward (and not assumptions about what will be appropriate).
Why Preserving Evidence Matters Early
Evidence can be lost, such as vehicles getting repaired or destroyed, cameras recording over footage, or witnesses forgetting. Road conditions may also change, and it is possible to lose commercial information.
Useful proof may include
Accident reports, pictures, video footage, 911 logs, witness statements, medical records, autopsies, event data recorders, telephone logs, truck logs, maintenance logs, inspection records, employer records, toxicology records, traffic light records, roadway design records, and communications with the insurance carrier.
When a family loses a loved one in a vehicle accident due to another driver’s negligence, they have every right to know what really happened. The investigation process must look at the entire story surrounding the crash and not just the very first version of the accident report.
When Should A Family Contact A Lawyer?
As soon as possible, a family should reach out to an attorney if another person (including a car, truck, commercial vehicle, or driver under the influence of alcohol or some form of distraction) had any part in an accident that led to someone dying. While there will be no rush to make all decisions at once, making contact with an attorney early will protect the family’s options going forward.
An attorney can assist with preserving evidence relating to the accident, communicating with the insurance companies involved, reviewing the potential investigation into the accident, identifying all parties that may be liable for the accident, and assisting in the process of appointing the personal representative, as well as explaining the process for filing a wrongful death case under North Carolina law.
Talk To Tatum & Atkinson Law Firm About A Fatal Collision In North Carolina
If your loved one died in a fatal collision in North Carolina, we understand you may not be ready to make legal decisions right now; however, deadlines for filing lawsuits do exist, and they typically take a long time to finalize. At Tatum & Atkinson Law Firm, our experienced litigation lawyers will be happy to assist you in understanding your rights (in a compassionate, straightforward manner) when you are prepared to take action.
More important than anything else is calling (800) 529-0804 as soon as you can to discuss your situation with someone who can help you. The first consultation is free.
FAQs About What Is A Fatal Collision In North Carolina?
Are fatal collisions more common on highways or local roads in North Carolina?
They may occur anywhere. While highways relate more to speed than to intersections, pedestrians, or bikes, many local roads are limited in visibility and have traffic issues.
How long does a fatal accident investigation typically take?
Some can take weeks. However, there are complex accidents requiring toxicology testing, accident reconstruction, and commercial truck investigations taking several months.
Can weather conditions contribute to fatal crashes in North Carolina?
Yes. Conditions affecting visibility, traction, and reaction time include rain, fog, darkness, flooding, glare, and slippery road surfaces.
Are fatal truck accidents investigated differently from passenger vehicle crashes?
In most cases, trucking companies will have driver logs, company records from prior accidents, inspections, maintenance files concerning each truck, cargo records, and electronic records of the truck’s operation.
What agencies may respond to a fatal collision in North Carolina?
The responding agencies to these incidents include local police, the sheriff’s department, state highway patrol, the fire department, emergency medical service, the medical examiner, the prosecutor’s office, and NCDOT teams.
