Two young people were killed Monday afternoon in an accident on US 264 near Wendell, NC.
Apparently, a Honda Civic traveling west rear-ended a second car causing the Civic to lose control and skid on the highway. As the Civic skidded, it was struck by a tractor-trailer. The driver of the Civic and a passenger were killed. The driver of the second car and the driver of the tractor-trailer were not hurt. The accident happened near the exit with Wendell Boulevard.
While it was wet at the time of the accident, it is not clear whether the wet conditions contributed to the accident. This type of accident will ordinarily give rise to a wrongful death claim for the passenger of the car. The passenger’s estate would likely have a claim against the estate of the driver and a possible claim for additional benefits against her own auto insurance policy.
The driver of the car has a much more difficult claim particularly if she was determined to be at fault in the wreck. North Carolina has a law called contributory negligence which bars claims for people found to be even partially at fault in causing their injuries.