In May 2010, a tractor trailer driver slammed into the back of a passenger car on Interstate 40 in Greensboro, North Carolina. The crash happened while the truck driver talked on her cell phone. A fifteen-year-old boy and his 11-year-old brother, seated in the back seat of the car, were killed as a result of the accident.
The truck driver pled guilty to one count of misdemeanor death by motor vehicle and careless and reckless driving. She was sentenced to 75 days in jail, ordered to pay a $750 fine, write the family an apology, perform 100 hours of community service, make four presentations about distracted driving, and surrender her commercial driver's license. The boys' father expressed outrage that his boys were dead and the driver received such a light sentence.
Criminal Charges
State governments charge individuals that commit criminal acts. Unlike lawsuits for personal injury, citizens cannot bring criminal charges against a party. Under North Carolina law, a driver causing injury or death can be charged with any of the following crimes:
- Aggravated felony death by vehicle
- Felony death by vehicle
- Aggravated felony serious injury by vehicle
- Felony serious injury by vehicle
- Misdemeanor death by vehicle
Depending on a person's criminal history, a conviction can result in punishment as lenient as probation, fines, community service and jail time to as harsh as over 13 years in prison.
Personal Injury Lawsuits
While criminal charges seek to punish individuals, civil cases mainly seek monetary compensation for injuries, wrongful death, damages, lost wages, pain and suffering and emotional distress. Civil cases are often based on negligence. To prove negligence in a truck accident case, the injured party must show the driver (or other person or company) had a duty to exercise reasonable care, but breached that duty causing death, injury or damages.
If a truck driver that caused the accident was working for a company, the company may be found to be legally responsible for the death or damage that occurred. This results in greater financial resources being available for victims.
Being represented by an attorney in a truck accident case is crucial. If you or a loved one has been injured or killed in a truck accident, contact an attorney specializing in truck accidents to investigate your case and fight to ensure you receive compensation for your loss.
