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Driver charged after fatal accident on wet NC Highway 42


The loss of a family member is rarely easy for those left behind, but the experience is typically much worse when the death resulted from negligence on the part of another. One recent Johnston County accident has probably left one family in anguish and considering what the future holds.

According to the North Carolina Highway Patrol, a 33-year-old Clayton woman was killed and her teenage daughter was injured on North Carolina Highway 42 when the woman's sports utility vehicle struck a utility trailer. The fatal accident happened when an eastbound pickup truck was speeding and passed several vehicles while trying to merge with traffic. With road surfaces wet from rain, the pickup driver lost control and his vehicle crossed traffic, striking the guardrail of the westbound lane. His truck and trailer ended up in the westbound lane where the trailer was struck by the victim's vehicle. That impact of collision caused the trailer to detach from the pickup; the trailer was then struck by a third vehicle.

The Clayton woman was declared dead at the scene, and her daughter was taken to WakeMed Cary Hospital with non-life threatening injuries. The pickup truck driver suffered severe injuries and was also taken to WakeMed Cary for treatment. The driver of the third vehicle was not injured. NCHP officers say the pickup truck driver, an Apex resident, faces charges of misdemeanor death by motor vehicle and reckless driving.

North Carolina law allows victims of accidents caused by negligence to seek compensation for medical expenses and lost wages. Surviving family members can also sue to recover funeral expenses and damages for a victim's pain and suffering before death.

Source: WNCN.com, "Apex man charged in crash that killed Clayton woman," April 20, 2015

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John McCabe wrote "The Investigation and Analysis of Personal Injury Cases" in the best-selling book Personal Injury Practice in North Carolina. This is the book that other lawyers follow in handling personal injury cases.

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