Articles Tagged with tractor-trailer accident

A tractor-trailer crash in North Carolina recently killed a 19-year-old girl on N.C. Highway 258 in Onslow County, after officials say the young woman crossed the center lane and struck the trailer head-on. teen boy

According to WNCT CBS North Carolina, the teen was traveling south on the highway in her Jeep Cherokee at around 3:30 in the afternoon. After crossing the center line, she struck the northbound trailer head-on. Troopers with the North Carolina Highway Patrol say neither speed nor alcohol was a likely factor in the crash, and they do not expect charges to be filed against the truck driver.

So where does this leave the heartbroken family of this young girl? From a civil liability standpoint, there may be few options, but it’s always worth at least speaking to an attorney. It does not appear, simply based on the cursory facts we know, that the trucker was negligent. It’s plausible distraction was a factor, given that we know speed and impairment were not factors and that teens have a higher propensity to be distracted by cell phones than their older cohorts. As injury attorneys, we might examine the design of the highway to determine whether there are any defects or dangerous conditions that might have played a role, although no source has suggested that as a possibility at this point. We might also look at the make and model of the vehicle and determine whether there were any defects or dangerous conditions there that could have been a factor.

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In an injury lawsuit, a default judgment may be issued when there is some failure to take action by one party or another. Most often, we see default judgments issued in favor of plaintiffs when a defendant fails to respond to a summons or has failed to appear before the court. tractor trailer

Although it can seem like good fortune, plaintiffs should be forewarned that default judgments are not favored by the courts and can often be reversed upon an appeal by the defendant if a case can be made for the previous failure to act.

This was the situation in the recent case of Hilyer v. Fortier, before the Alabama Supreme Court. According to court records, this case involved a teenage driver who was injured after crashing into a tractor-trailer loaded with heavy logs that was being backed into a private driveway from a public road. The crash happened in 2013. At the time of the incident, the defendant was blocking both lanes of traffic on the public road. In the vehicle with the teen driver were her brother, her fiance, and a friend.

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