Motor vehicle accidents of any kind are a difficult experience for the victim and his or her family, but they are particularly horrendous when the victim loses his or her life as a result of the crash. Our dedicated team of North Carolina wrongful death car crash attorneys has assisted numerous families with understanding their legal rights following the sudden and painful loss of a loved one.
A recent North Carolina appellate court opinion discusses a wrongful death case involving a motorcyclist. In the action, the administrator of the decedent’s estate filed a negligence action against the at-fault driver alleging that his negligence caused the decedent’s death.
The accident occurred when a commercial truck collided with a motorcycle. Both drivers were residents of Kane County. The crash took place roughly one mile from the county line with Cook County. Paramedics from Kane County treated the motorcyclist, who was dead at the time he arrived at the hospital. The Kane County coroner performed an autopsy. Four of the five witnesses to the accident resided in Kane County. The Kane County sheriff’s department investigated the accident.
After the action was commenced, the defendant filed a motion to transfer venue from Cook County to Kane County based on forum non conveniens, which is the legal doctrine that helps courts determine whether a particular action should be located in a specific venue based on several factors. A party can seek a venue change based on this doctrine when the chosen venue would pose an undue hardship to the defendants. There are several factors involved in making this assessment.