Christina Rivenbark & Associates ATTORNEYS AT LAW

Texting responsible for fatal Lexington car accident

In Lexington, police are saying that texting while driving has claimed the life of another victim. The car accident happened as Davidson County sheriffs were conducting a roadblock during bridge construction over Abbotts Creek. Due to the roadblock, northbound traffic was reduced to two lanes, which reduced the average speed of the traffic to about 5 miles-per-hour. 

The victim's car, a Pontiac Vibe, had come to a full stop when another vehicle, a Lincoln passenger car, driven by a 33-year-old driver rear-ended it while traveling between 60 and 65 miles-per-hour. Members of the Davidson County Rescue car rushed to pull the victim out of the wreckage and performed CPR. The victim was transported to an area hospital, but was later pronounced dead. 


According to evidence collected by the Highway Patrol's Reconstruction Team, the driver of the car that collided with the victim's car did not attempt to stop before the accident. In addition, eyewitness accounts, which were corroborated with evidence from the driver's phone, showed that he was texting at the time of the accident.

Legal repercussions

The driver of the Lincoln was arrested and charged with misdemeanor death by motor vehicle. He was recently released on a $10,000 bond. In addition to the criminal penalties, the victim's family has a right under North Carolina law to file a wrongful death lawsuit.

Wrongful death lawsuits are intended to compensate certain family members of someone killed by someone else's negligence. In such a lawsuit, certain relatives can recover financial losses caused by the victim's death such as medical bills, loss of income as well as other expenses.

Source: WFMY News, "Troopers: Texting to Blame For Fatal Lexington Car Accident," Morgan Hightower, May 15, 2013

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