A man who drove the same highway thousands of times is dead after his truck struck a snow removal vehicle during storm cleanup. His wife is still in the hospital. His family wants answers.
Brandon Atkins, 55, was killed Saturday night on U.S. 74 East in Rutherford County when his Chevrolet pickup struck the back of a motor grader performing snow removal work near the Ellenboro exit. Three other people were in the truck with him. All three were taken to the hospital with serious injuries. Atkins’ wife remains hospitalized after undergoing surgery but is showing signs of improvement.
The motor grader was operated by a private contractor working for the North Carolina Department of Transportation.
A Family Man Who Never Met a Stranger
Atkins’ son Zachary, a deputy with the Rutherford County Sheriff’s Office, described his father as someone who left a lasting impression on everyone he met. “He loved his family – his wife, his children, his grandchildren – blood related or not,” Zachary said. “He never met a stranger.”
Brandon Atkins worked at Cone Mills and later drove for local companies, including Canteen Vending. People throughout Rutherford County knew him for his kindness, humor, and work ethic.
“He was my hero,” Zachary said. “Whatever we needed, he would move mountains for us.”
Now his family is left searching for answers about how he died on a road he knew by heart.
What the Investigation Is Examining
The North Carolina State Highway Patrol says its investigation is ongoing. Investigators are looking at several critical questions:
- Was the motor grader properly marked?
- Was it adequately lit?
- Was it positioned safely in the roadway?
- Did speed or visibility play a role?
Under NCDOT contract requirements, snow removal equipment operated by private contractors must be inspected and approved by the agency. That equipment has to be maintained throughout storm response operations, including meeting visibility and safety standards.
Investigators are now working to determine whether those requirements were met at the time of the crash.
At this point, investigators have not released findings about fault or violations. Those questions remain under active review.
The Atkins family has requested a copy of the official crash report. “I think we would need to see the Highway Patrol report,” said Brian Atkins, Brandon’s twin brother. “Just to see what’s going on with it.”
When Private Contractors Are Involved in Highway Crashes
I’ve been handling these cases for 28 years. When a crash involves a private contractor working for a government agency like NCDOT, figuring out who’s liable gets complicated fast.
Multiple parties might be responsible:
- The private contractor operating the equipment
- The company that owns the equipment
- The North Carolina Department of Transportation
- Equipment manufacturers if there was a defect
I know how to investigate these cases. I know what questions to ask, what records to request, and what safety standards apply. After hundreds of cases involving commercial vehicles and equipment, I know exactly where to look.
What the Law Requires for Snow Removal Equipment
Highway work zones have strict safety requirements. Equipment has to be visible. Workers have to follow specific procedures. If a private contractor doesn’t follow those rules and someone gets hurt, they can be held accountable.
The question here is whether the motor grader was properly marked and lit. The question is whether it was positioned safely. The question is whether the contractor met the standards they agreed to when they took the job.
Those answers matter because they determine who’s responsible for Brandon Atkins’ death and his family’s injuries.
North Carolina’s Harsh Contributory Negligence Rule
North Carolina has contributory negligence laws, which means if you’re even 1% at fault, you could lose your case. That’s why you need an attorney who knows how to handle these defenses.
In a case like this, the contractor’s insurance company will look for any way to shift blame. They’ll ask if speed was a factor. They’ll question visibility. They’ll try to argue the driver should have seen the equipment.
I’ve been doing this for 28 years, and I know how to protect your rights and maximize your recovery. I know how to counter those arguments and prove negligence.
What Families Should Do After a Fatal Crash
If you’ve lost someone in a crash involving commercial equipment or a contractor:
- Request a copy of the official crash report from the Highway Patrol
- Document everything you can about the accident scene
- Don’t talk to any insurance company without talking to an attorney first
- Preserve any photos, videos, or witness statements
- Get medical records for anyone who was injured
The insurance companies will start their investigation immediately. They’re not on your side, no matter how friendly they sound. You need someone fighting for you from day one.
Getting Answers and Accountability
The Atkins family deserves answers about what happened on U.S. 74 that night. They deserve to know whether the contractor followed the safety standards required under their contract with NCDOT. They deserve to know whether better lighting, better positioning, or better procedures could have prevented this tragedy.
“Fifty-five years is nowhere near long enough,” Zachary Atkins said. “But we’re grateful for the time we did have with him.”
Losing someone is devastating. I’ve helped families through some of the worst times in their lives, and I take that responsibility seriously.
If your family has been affected by a crash involving commercial equipment, highway contractors, or snow removal vehicles, I can help you figure out who’s responsible and get you compensated. I’ve handled enough of these cases to know where to look and what questions to ask.
I’ll fight for every dollar you’re owed. Most cases settle, but if the insurance company won’t be reasonable, I’m not afraid to take them to trial.
Call me. The sooner we start working on your case, the better your outcome will be.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. The information presented is based on publicly available news reports and does not represent the findings of any ongoing investigation. No attorney-client relationship is created by reading this post. If you need legal advice about a specific situation, please contact an attorney directly.