The Law Offices of John M. McCabe, P.A. - Raleigh Personal Injury Attorney
Free Initial Consultations
Toll Free: 877-320-1851 | Phone: 919-899-9852
Toll Free: 877-320-1851
Phone: 919-899-9852
Call Us Now
COVID-19 Update: Our office is open and we are available for video conferencing and phone consultations. Please call us to learn more.
  1. Home
  2.  » 
  3. Fatal Motor Vehicle Accidents
  4.  » What is a wrongful death case? Tragic accident provides an example.
Personal

Injury
Motor Vehicle

Accidents
Nursing

Home/Assisted Living
Workers'

Compensation
Serious And

Catastrophic Injuries

What is a wrongful death case? Tragic accident provides an example.

| Oct 13, 2020 | Fatal Motor Vehicle Accidents

There are few cases that are more devastating than wrongful death lawsuits. These lawsuits involve tragic accidents that resulted in injuries so severe they led to the death of the victim. The only thing more tragic is when the accident involves a child.

Recent case provides an example

It began when a group of about a dozen children were playing outside late in the afternoon. At some point, a young child ended up in the road. The child, a 4-year-old boy, was struck by a truck.

The truck driver was not cited for speeding or alcohol use, but state law still requires the driver operate the vehicle with care. As such, the law expects the driver to take action to avoid such an accident. If he was paying attention and driving with ample space between other vehicles, he should have responded to the presence of a child in the road. Since he did not, North Carolina state officials have charged the driver with misdemeanor death by motor vehicle and failure to reduce speed to avoid a collision.

Additional options available for the victim’s family

The young boy’s family will likely never be the same. This tragedy has deprived them of a future with their son. In addition to the emotional hole that results from the tragedy, the family will also receive bills for the ambulance and medical care provided to the child after the accident.

In this and similar cases, the family will likely have a wrongful death claim. This type of civil claim allows the family to hold the driver responsible for the effects of the accident. This can lead to monetary compensation to cover the bills noted above. The claim could also lead to additional funds to cover future expenses, such as therapy.

Archives

FindLaw Network