A 25-year-old man died from injuries he sustained as a result of a rear-end collision in Charlotte-Mecklenburg on Sunday.
Barnette White Jr., was a passenger in a 1999 Toyota 4Runner when a 1998 Saturn crashed into the back of the vehicle ejecting White. The driver of the Saturn, 28-year-old Daniel Lewis Roberts was charged with DWI following the accident. Roberts was seriously injured as a result of the accident.
The accident report suggests that the 4Runner was making a right turn onto Independence Boulevard when the Saturn hit it in the rear. The 4Runner slid out of control and turned over on its top. The Saturn also lost control and flipped over and hit a telephone pole.
The driver of the Toyota, and another front seat passenger were taken to Carolinas Medical Center with minor injuries.
Roberts will be charged with death by a vehicle, reckless driving, and expired registration plate in addition to the DWI charges once released from the hospital.
Even though there are criminal actions against the driver of the Saturn, a civil action may still be filed by the family of Barnette White Jr. The passengers in the Toyota also have a civil claim against the Roberts.
When involved in an accident caused by an impaired driver, the criminal court deals with fines and punishment but a civil suit allows for a victim or family members to file a personal claim against the impaired driver.
A wrongful death claim arises out of a civil action accusing one party as responsible for causing another party’s death. Since the person who died cannot bring a lawsuit against the one who caused the death, the civil action allows close relatives to bring the claim to court on the decedent’s behalf.
Every state has different laws and interpretation of statutes surrounding wrongful death claims. These statues are important in understanding statute of limitations and other important matters of law that apply to the wrongful death statute in the jurisdiction where the death occurred. If you have lost someone in an fatal car accident that was someone else’s fault, we at Auger & Auger are sorry for your loss. We can help you build a strong claim against the parties responsible. Call us today for a free consultation.