A fatal truck crash in Garner, North Carolina involved a pickup and a commercial garbage truck. 

Two trucks crash on Interstate 40

The accident happened on Interstate 40 eastbound at mile marker 309 near U.S. Route 70. Police believe that an eastbound pickup truck driver crossed a median and struck the garbage truck while it was going westbound, due to either a high rate of speed or intoxication. Both vehicles ignited after they made contact from the force of the head on collision, and the fire in the area needed to be put out by the local fire department. The North Carolina State Highway Patrol kept the area closed for approximately four hours while emergency crews worked to try to rescue the victims and clear the area. 

Shortly after the collision, medical workers pronounced both drivers of the vehicles dead. They likely died from the initial impact of the accident, but a full investigation was pending. The names of the two men who died were not released to the public. Photos from the scene showed the front of the waste management truck smashed inward at the point of impact. 

Bringing a lawsuit against a truck driver

There are several rules for civil negligence cases which govern what happens when one driver makes a mistake and causes injuries or death on the roads. The legal term for when someone breaches their duty of care and hurts another person is negligence. It can be used in many contexts to try to get payment from a business or person that harms someone else, but automobile accidents are the most common type of negligence cases in America. 

There are four elements to a negligence case. These include the relevant duty of care, a breach of that same duty, actual and proximate cause of the accident, and damages to the victims. All of these elements must be shown by a plaintiff in order to prevail in a civil case, and if even one of them is missing, the plaintiff cannot collect any money from the defendant. 

The process of bringing the action

There are a number of things that should be done to formally start the process of bringing a lawsuit against the person responsible for a motor vehicle accident. First, the police and insurance company for the victim should be contacted immediately at the accident scene. This will create a record of the incident and evidence in the form of an accident report with an opinion as to what caused the crash. Once an attorney has this information, they can begin to file the first pleadings in the local court system.

Get help from a lawyer near you

There are attorneys who assist truck accident victims in the state of North Carolina. To learn more, browse the listings on USAttorneys.com.   

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