A Ford F150 went off NC 181 near Fish Hatchery Road in Burke County Friday night, striking a tree and killing the passenger. The driver faces multiple charges after investigators determined speed and impairment caused the crash. This accident raises critical questions about legal rights when a passenger dies in a DWI crash.
What Happened in This Burke County Accident?
Just after 8:30 p.m. on Friday, January 9, North Carolina State Highway Patrol responded to a single-vehicle crash on NC 181 near Fish Hatchery Road in Burke County. A 2006 Ford F150 traveling north left the roadway and crashed into a tree.
The passenger, Joel Morales Ramirez of Newland, died at the scene. The driver, Yoan Anderson Danilo Chub Tzalam, also of Newland, was transported to UNC Health Blue Ridge-Morganton with critical injuries.
Investigators say speed and impairment led to the crash. The driver faces multiple charges related to the accident. According to MyFox8, authorities are continuing their investigation into the circumstances surrounding the crash.
Who Can File Wrongful Death Claims When Passengers Die in DWI Accidents?
In North Carolina, when a passenger dies in a DWI crash, the deceased person’s estate can file a wrongful death claim against the impaired driver under N.C. Gen. Stat. § 28A-18-2. This statute gives specific family members the right to pursue compensation for their loss.
Here’s how it works: the personal representative of the deceased’s estate files the wrongful death lawsuit. The compensation recovered benefits specific family members in a particular order. First, the spouse and children. If there’s no spouse or children, then parents. If no parents are living, then siblings.
The driver’s impairment doesn’t automatically mean the family wins the case, but it significantly strengthens the wrongful death claim. Driving while impaired violates North Carolina law, and causing a death while impaired shows the kind of reckless conduct courts consider when determining liability.
What makes passenger death cases different from other DWI accidents is this: passengers typically have no control over the vehicle. They can’t prevent the driver from speeding or driving impaired. This means families often have stronger claims than they would in cases where the injured person was also driving.
North Carolina follows a contributory negligence rule, which means even 1% fault bars recovery. But passengers who simply rode with an impaired driver generally aren’t considered at fault – unless they knew the driver was impaired and had reasonable alternatives available. Even then, courts tend to be sympathetic toward passengers, especially when impairment wasn’t obvious.
What Should Families Do After a Fatal DWI Crash in Burke County?
After a passenger dies in a DWI crash in Burke County or anywhere in North Carolina, families face immediate decisions while grieving. Get legal advice quickly. North Carolina law under N.C. Gen. Stat. § 1-53 gives families two years from the date of death to file wrongful death claims. Missing this deadline means losing the right to pursue compensation permanently.
Document everything related to the accident. Obtain the complete Highway Patrol accident report – it contains critical details about what investigators found, including evidence of impairment, speed, and how the crash occurred. Get witness information if anyone saw what happened before the crash.
Preserve the deceased’s medical records and bills, even though death occurred at the scene. These records may show injuries sustained and can be relevant to damages calculations. Keep records of funeral and burial expenses – these are recoverable damages in wrongful death claims.
Do not speak with the driver’s insurance company before consulting an attorney. Insurance adjusters will contact you quickly, often within days. They may seem sympathetic, but their job is protecting their company’s financial interests. What you say can be used to reduce or deny your claim later.
Do not accept any settlement offers without legal representation. Initial offers from insurance companies are almost always far below what families deserve. Once you accept a settlement and sign a release, you can’t come back for more compensation later, even if you discover additional damages.
Understand that wrongful death claims are separate from criminal charges. The driver facing criminal DWI charges doesn’t affect your family’s right to file a civil wrongful death lawsuit. The criminal case and civil case proceed on different tracks with different standards of proof.
Contact an experienced wrongful death attorney who handles DWI cases across North Carolina. Over 26 years, I’ve handled these cases statewide, and I can tell you that families who wait often lose critical evidence and miss opportunities to protect their rights.
Where Are Wrongful Death Cases Filed in Burke County?
Wrongful death cases arising from Burke County accidents are filed in Burke County Superior Court, located in Morganton. Superior Court handles wrongful death claims because these cases seek damages above the District Court’s jurisdictional limit.
The case must be filed in Burke County because that’s where the accident occurred. North Carolina law allows filing in the county where the wrongful act took place or where the defendant resides, but when the accident happened in Burke County, that’s typically the appropriate venue.
The personal representative of the deceased’s estate files the lawsuit. If the deceased had a will naming an executor, that person typically serves as personal representative. If there’s no will, the family must petition Burke County’s Clerk of Superior Court to appoint an administrator of the estate before filing the wrongful death claim.
The North Carolina court system provides information about court procedures, but wrongful death cases involve complex procedural requirements. Families benefit from having an attorney handle the filing process and navigate the court system.
Compensation in North Carolina Passenger Death Cases
Families can recover several types of damages in wrongful death claims when a passenger dies in a DWI crash. Economic damages include medical expenses incurred before death, funeral and burial costs, and the value of lost financial support the deceased would have provided to dependents.
Non-economic damages compensate for the family’s loss of companionship, guidance, and the deceased’s presence in their lives. North Carolina law recognizes that these losses have real value, even though they’re not measured in dollars the same way medical bills are.
Punitive damages may be available in DWI cases. These damages punish particularly reckless conduct and deter similar behavior. Driving while impaired shows the kind of willful disregard for safety that North Carolina courts consider when awarding punitive damages.
The driver’s insurance policy limits affect how much compensation is available. Many drivers carry minimal coverage – sometimes just $30,000 per person. When damages exceed policy limits, families may pursue the driver’s personal assets, though that’s often not productive if the driver lacks significant assets.
Your own insurance may provide additional coverage through uninsured/underinsured motorist coverage if the at-fault driver’s insurance is insufficient. A lot of people don’t really understand that their own policy can pay benefits when someone else causes their family member’s death.
Frequently Asked Questions About Fatal DWI Accidents in Burke County
How long do I have to file a wrongful death claim in North Carolina?
North Carolina law gives you two years from the date of death under N.C. Gen. Stat. § 1-53 to file wrongful death claims. Missing this deadline bars your case permanently with very limited exceptions. Evidence disappears quickly, so starting the legal process early protects your family’s rights even though you’re grieving.
What if the deceased was related to the drunk driver?
You can still file a wrongful death claim even if the deceased passenger was related to the impaired driver. North Carolina law doesn’t prohibit family members from suing each other in wrongful death cases. The driver’s insurance covers these claims regardless of family relationships. These cases are emotionally difficult, but the law protects passengers’ families.
Does the criminal DWI case affect our wrongful death claim?
The criminal DWI case and your wrongful death claim are separate proceedings with different standards. Criminal cases require proof beyond reasonable doubt, while wrongful death claims use the lower preponderance of evidence standard. You can pursue your civil claim regardless of criminal case outcomes. A DWI conviction strengthens your civil case but isn’t required to win.
Who receives the compensation in a wrongful death case?
Compensation goes to the deceased’s estate and is distributed to specific family members by statute. Spouses and children receive compensation first. If no spouse or children exist, parents receive it. If no parents are living, siblings receive it. The court doesn’t have discretion to change this order – North Carolina law under N.C. Gen. Stat. § 28A-18-2 establishes who benefits.
How much does a wrongful death attorney cost in North Carolina?
Most North Carolina wrongful death attorneys work on contingency fees, meaning you pay nothing upfront and the attorney’s fee comes from the recovery. If there’s no recovery, you pay no attorney fees. This arrangement allows families to pursue justice without financial barriers. Contingency fees typically range from 33% to 40% depending on the case.
Get Legal Help After Your Family’s Loss
No family should have to deal with insurance companies and legal procedures while grieving a loved one’s death. If your family member was killed as a passenger in a DWI crash anywhere in North Carolina, you definitely need some legal advice about your rights.
Over 26 years, I’ve helped families across the state pursue wrongful death claims after DWI crashes. We handle these cases on contingency fees, so there’s no cost to you unless we recover compensation. Give us a call at 336-221-8900 in Graham to discuss your case. We’re here to help.
If you need an auto accident attorney or help with a wrongful death claim in Burke County or anywhere in North Carolina, contact us for a free consultation. You know where I am.
About This Article: This content is based on reports from MyFox8 regarding a recent accident in Burke County investigated by North Carolina State Highway Patrol. We provide this information as an educational resource about personal injury law in North Carolina. If you are directly connected to this accident and have questions or concerns about this article, please contact us at 336-221-8900.
Legal Disclaimer: This article provides general information about fatal DWI crashes in Burke County, North Carolina and should not be considered legal advice. Every case is different. For advice about your specific situation, contact a licensed North Carolina attorney.