Legal Question in Traffic Law in North Carolina

My dad was killed in a car crash. It was raining a lot they charged the truck driver that killed him with misdemeanor death by motor vehicul how long will he go to jail? The man that killed him was 15 mph over the speed limit. Will their be anymore charges

Asked on 8/24/13, 1:28 pm

2 Answers from Attorneys

John Kirby Law Offices of John M. Kirby
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There will likely not be any further charges. A lot depends on the evidence against the truck driver, including physical evidence at the scene, eyewitnesses, and any information recorded by the truck. You might also want to consider asserting a claim for wrongful death. That is a better means (than a criminal proceeding) to seek compensation for the losses that your family has sustained. I have represented people in such claims, and sometimes I work with the DA's office to coordinate the wrongful death claim with the criminal charges.

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8/24/13, 1:51 pm
Amanda Houser The Houser Law Firm, P.C.
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Misdemeanor death by motor vehicle is a Class A1 misdemeanor, the most serious type of misdemeanor and carries a maximum penalty of 150 days in jail and possibly a fine. So unless the truck driver is convicted of other charges - 150 days is the maximum jail time. He most likely will not serve 150 days. As to other charges, the other attorney is correct that there most likely will not be any other charges unless the investigation reveals circumstances that would merit additional charges. As you deal with the loss of your father, try to remember that this was most likely an accident and that the truck driver did not mean for this to happen.

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8/24/13, 8:14 pm

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