A distracted tractor-trailer driver ran-over and killed a North Carolina Department Of Transportation (NC DOT) worker on Tuesday morning. The crash occurred as several NC DOT workers were beginning to place Work Zone signs and cones in preparation for a lane closure on I-40 West in Duplin County. North Carolina DOT was closing the lane so that workers could perform maintenance on a bridge at the intersection of NC Highway 24 and I-40 West. This is a rural area where Interstate 40 is straight and level, and the line of sight for approaching drivers is at least one-half (1/2) mile. Click here for 27 photos taken at the scene.
ABC News Channel 11 (WBTV) out of Raleigh dispatched a helicopter and crew to the scene and obtained areal footage of the crash site:
The crash occurred when 47 year old Ernest Harris looked away from the road to allegedly examine some shipping documents. Harris told investigators that as he glanced down and read the address for his next delivery, his big rig veered off the right side of the road. At the same time, 21-year-old Jonathan King was bent over looking down to unhook a trailer carrying an electronic sign that blinks a warning arrow that warns approaching drivers to merge over. The crash happened completely out of the highway on the side of the road. This is another tragic example of how quickly distracted driving can lead to a tragedy. In a recent post on distracted driving, I discussed how texting while driving is causing an increase in the number of serious injury and motor vehicle death cases in North Carolina.
The tractor-trailer crushed King between the the trailer carrying the warning sign and the pickup truck pulling it. The medical examiner told investigators that King was killed instantly. King had worked for NC DOT for about 2 years and lived in Autryville in Sampson County. Friends and family spoke very well of King, saying that he was a nice young man who enjoyed spending time with his family, as well as fishing and hunting.
The truck driver, 47 year old Ernest Harris of St. Pauls in Robeson County, worked for the motor carrier Pro Transport. Pro Transport has offices in North Carolina but is headquartered in Grand Forks, North Dakota. It is a medium sized truck company that owns and operates about 80 tractor-trailers and hauls goods nationwide. The president of Pro Transport, Arthur O. Bakken, could not be reached for comment on the wreck. Federal Truck Safety Information shows that Pro Transport has been involved in 20 serious crashes since 2008 with 5 of those crashes occurring in North Carolina.
The investigating North Carolina State Highway Patrolman stated that the truck driver admitted that he had taken his eyes off of the road for a second and veered right into King's Ford F-150 pickup and trailer. Truck drivers are trained to never take their eyes off of the road because when your driving an 80,000 pound vehicle, a split second can be the difference between life and death for anyone else on the highway. Therefore, this wreck should have never happened. The Highway Patrol charged the truck driver with careless and reckless driving, death by motor vehicle, failure to maintain lane control, and failure to reduce speed.
Beyond the criminal charges, Mr. King's estate now has the right to bring a wrongful death claim against the truck driver and truck company in civil court. While hiring an attorney is the last thing a family wants to think about at a time like this, it is very important to obtain experienced truck litigation counsel as early as possible in this type of situation. The reasons for doing so are many. First, you want someone closely monitoring the criminal case to make sure that the truck company's insurer does not persuade the District Attorney to drop the charges because there is insurance to deal with the victim's injuries or death. Second, you want an experienced truck lawyer involved early on because there is usually more to the story than the truck driver is willing to disclose to authorities.
Many times, the truck driver is operating illegally because he was over the legal limit of hours that he is permitted to drive. Many times, the truck driver is severely fatigued because the truck company is forcing him to drive illegally. Many times, the truck driver is speeding because he has to make his delivery by a specific time or he will be financially penalized. All of these and other issues must be investigated as soon as possible after a crash because the truck company and its insurance company are working hard to minimize their exposure, even when the cause of the crash appears to be clear and straight forward.
While money damages could never bring back Mr. King, it might provide much needed help those who were dependent on his financial support and help. At Davis Law Group, we help people deal with the consequences of tragedies like this. If you would like to speak with an experienced truck accident attorney, contact Asheville Truck Accident Attorney Brian Davis. He handles truck accident cases throughout North Carolina and the southeast, and he knows what needs to be done to protect your rights and obtain the compensation you or a loved one deserve.
