What happens when the at-fault driver does not survive a car accident? This could complicate the efforts of crash victims seeking damage recovery. Such an accident happened in North Carolina on a recent Friday afternoon.
The North Carolina Highway Patrol report
The accident occurred at approximately 3:15 p.m. Reportedly, a sedan with a driver and two passengers was northbound when it entered a right-hand curve. The driver failed to remain right of center and crossed over. It put the car in the traffic lane of southbound vehicles, one of which was a pickup truck hauling a trailer. The two vehicles collided head-on.
The impact of the collision sent the car down an embankment, ejecting one of the passengers. As the car came to a halt, a small fire ignited. The driver of the sedan suffered fatal injuries at the crash scene.
Both the car passengers were rushed to medical facilities, one by air and one by road. Reportedly, the pickup truck driver and a passenger suffered injuries that were not considered life-threatening. They were both transported to a hospital.
Damage recovery rights
Injured car accident victims in North Carolina typically have the right to pursue financial relief through the civil justice system. However, the claims require proof of another party’s negligence. In a case such as this one in which the alleged negligent party does not survive the crash, the plaintiffs can file personal injury claims against the deceased driver’s estate. Once negligence is established, the court will adjudicate the documented claims for medical expenses, lost income and emotional damage like pain and suffering.