Disabled Box Truck Involved in Fatal I-77 Rear-Ender | Shapiro, Washburn & Sharp

A fatal interstate rear-end collision in Huntersville, North Carolina (NC), happened after a box truck stalled out in the center lane of I-77 near the interchange. The truck reportedly ran out of gas, and the driver of an SUV lost his life when he crashed into the back of the disabled vehicle.

 

 

Multiple news outlets identified the deceased driver as Robert Charles Carmone, a 26-year-old from Charlotte. He appears not to have hit his brakes before slamming into the box truck. Investigators also told reporters that the man behind the wheel of the SUV was not speeding in the moments leading up to the fatal crash, but they did speculate that he might have been distracted.

The publicly available facts about this deadly rear-end collision give rise to questions about the legal principle of contributory negligence. North Carolina courts still recognize this public law doctrine that originated in the Middle Ages. Under contributory negligence rules, a truck accident victim who made any error that led in any way to his injury or death is barred from seeking compensation from the other person involved, even if the other person was 99 percent at fault.

Family members of the man who lost his life in this Huntersville crash should consider consulting with a Carolina wrongful death attorney about their rights and ability to file claims against the box truck driver who ran out of gas on I-77, as well as the company that sent its truck out on the interstate with insufficient fuel. Stopping in traffic that is moving at high speed is definitely negligent, and it can be considered reckless in some circumstances.

EJL