A devastating car accident on South Tryon Street, on the southwest side of Charlotte, left four men dead when the car in which they were driving smashed through a pole and a sign. The police investigators have reported that the victims were all in a 1995 Lexus that was allegedly speeding at around 12:40 a.m. as the driver lost control of the vehicle just in front of the Steele Creek Crossing Shopping Center.
Further, it is reported that this is the highest death toll in a single car crash in recent Charlotte, NC history. Two 32-year-old men, a 57-year-old, and a 50-year-old were all killed in the collision as the car went up a small embankment, hit a utility pole, before going airborne, and ultimately smashed into a brick sign at the shopping center entrance. The car landed on the roof.
Firefighters were able to reach the scene quickly, and discovered two men in the vehicle. It was also determined moments later that two other men had been ejected from the vehicle. One of these men was pronounced dead on the scene, and the other died shortly after. The road was closed for most of the evening.
It has not been reported that the driver was under the influence of alcohol; however, a wrongful death claim may result due to the man’s speeding.
(a) When the death of a person is caused by a wrongful act, neglect or default of another, such as would, if the injured person had lived, have entitled him to an action for damages therefore, the person or corporation that would have been so liable, and his or their personal representatives or collectors, shall be liable to an action for damages, to be brought by the personal representative or collector of the decedent; and this notwithstanding the death, and although the wrongful act, neglect or default, causing the death, amounts in law to a felony. The personal representative or collector of the decedent who pursues an action under this section may pay from the assets of the estate the reasonable and necessary expenses, not including attorneys’ fees, incurred in pursuing the action. At the termination of the action, any amount recovered shall be applied first to the reimbursement of the estate for the expenses incurred in pursuing the action, then to the payment of attorneys’ fees, and shall then be distributed as provided in this section. The amount recovered in such action is not liable to be applied as assets, in the payment of debts or legacies, except as to burial expenses of the deceased, and reasonable hospital and medical expenses not exceeding four thousand five hundred dollars ($4,500) incident to the injury resulting in death, except that the amount applied for hospital and medical expenses shall not exceed fifty percent (50%) of the amount of damages recovered after deducting attorneys’ fees, but shall be disposed of as provided in the Interstate Succession Act. All claims filed for such services shall be approved by the clerk of the superior court and any party adversely affected by any decision of said clerk as to said claim may appeal to the superior court in term time.
(b) Damages recoverable for death by wrongful act include:
(1) Expenses for care, treatment and hospitalization incident to the injury resulting in death;
(2) Compensation for pain and suffering of the decedent;
(3) The reasonable funeral expenses of the decedent;
(4) The present monetary value of the decedent to the persons entitled to receive the damages recovered, including but not limited to compensation for the loss of the reasonably expected;
a. Net income of the decedent,
b. Services, protection, care and assistance of the decedent, whether voluntary or obligatory, to the persons entitled to the damages recovered,
c. Society, companionship, comfort, guidance, kindly offices and advice of the decedent to the persons entitled to the damages recovered;
(5) Such punitive damages as the decedent could have recovered pursuant to Chapter 1D of the General Statutes had he survived, and punitive damages for wrongfully causing the death of the decedent through malice or willful or wanton conduct, as defined in G.S. 1D-5;
(6) Nominal damages when the jury so finds.
(c) All evidence which reasonably tends to establish any of the elements of damages included in subsection (b), or otherwise reasonably tends to establish the present monetary value of the decedent to the persons entitled to receive the damages recovered, is admissible in an action for damages for death by wrongful act.
(d) In all actions brought under this section the dying declarations of the deceased shall be admissible as provided for in G.S. 8-51.1.
If you are the decedent of a loved one who has been killed in an accident, grief is not the only devastation you may be facing; there is also financial responsibilities and funeral costs. Contact the law office of Robert Reeves, PC if you have any questions as to how to pursue a claim against a person or entity responsible for the death of another in a car accident, or any other accident.