While celebrating the recent holidays, a North Carolina family could not foresee how their lives would be changed forever. Just one day after celebrating Christmas, a horrible accident took the life of their five-year-old son. It is always tragic when children die in truck and car accidents, but when such accidents happen during festive times, the tragedy seems even greater.
The family lives in an area where new houses are being built and, at one of the sites, workers were loading a construction truck with dirt. The unmanned truck started rolling downhill. At the time of the accident, a group of children were playing together in the driveway of the young victim's home. The truck, first struck a light pole, then the young victim, before crashing into the house. Fortunately, the other children managed to get out of the way of the truck and escaped injury.
The person responsible for the control of the truck was arrested. He faces a misdemeanor death by vehicle charge. A bond of $10,000 was set.
North Carolina law provides the legal estate of deceased victims of truck or car accidents the choice to file a wrongful death claim against a party deemed negligent or reckless. The family of the boy, thus, has the right to file a wrongful death claim against the arrested man, as well as the construction company involved. Irrespective of the outcome of the criminal case, a civil court may award financial damages to the family. Any damages awarded may assist the family of the deceased to better cope with the unexpected expenses, including funeral and burial costs.
Source: wkrn.com, "NC boy dies after construction truck rolls downhill into home", Dec. 26, 2016