A motorcyclist from New Bern was killed when a driver pulled out in front of him, causing him to collide with her vehicle. The crash happened on a recent Sunday on Highway 43 at the Wilmar Road intersection, which is about 5 miles north of Vanceboro. A 20-year-old driver from Washington, North Carolina, turned left off Highway 43 onto Wilmar Road and directly into the path of the northbound motorcyclist.
The rider of the motorcycle died at Vidant Medical Center. After an investigation into the crash North Carolina State Troopers charged the female driver of the vehicle with misdemeanor death by motor vehicle. There were no reports that alcohol was a factor in the fatal crash, however the criminal charges do point toward negligent driving as a possible factor. When a person is injured or killed by a negligent driver a civil complaint in the form of a personal injury or wrongful death claim is often not far behind criminal charges.
In the case of a fatal accident such as this, surviving family members may decide to file a wrongful death claim against the seemingly negligent driver of the vehicle that cut off the motorcyclist. Although criminal charges are not required to prove fault in a car or motorcycle accident, such charges can be used as further evidence of the driver’s negligence in causing the crash. A wrongful death action can request damages for any medical expenses the victim may have incurred prior to his or her death, as well as burial and funeral expenses.
A wrongful death suit almost always includes future lost wages the deceased would have earned and provided in support of his family. In the case when a victim leaves behind young children, the damages awarded in a successful claim can make a major difference in the upbringing of those children who have been left without a parent to help guide and support them as they grow.
Unfortunately, car accidents claim the lives of too many individuals every day. The motorcycle accident that killed the 41-year-old New Bern man was the second fatal accident in a week on Highway 43. According to state troopers, 2 men were killed and 2 others injured about a mile north of Vanceboro when two cars crashed in a head-on collision. There was no further information provided on that fatal crash in this report.
Source: WITN, “UPDATE: Charges Filed In Fatal Highway 43 Motorcycle Crash,” Jan. 16, 2013
Our Harnett County law firm represents families and individuals injured or killed in car and motorcycle accidents, similar to those discussed in the above post.