Johnston County, NC — December 11, 2023, Ronald Nelson was killed as the result of a van versus truck accident at around 2:38 p.m. along U.S. 70.
Authorities said in their statements that the accident happened near Exit 326 (near Business 70) along westbound lanes of U.S. Highway 70.
According to officials, 69-year-old Ronald Nelson was in a Chevy Express van going along U.S. 70. In current statements, it appears witnesses saw a dump truck change lanes toward the van, either hitting the van or leading to Nelson taking evasive maneuvers. As a result, the van ended up running off-road where it overturned.
Nelson was initially taken from the scene to a hospital in Raleigh, reports say, but his injuries proved fatal. There were no other reported injuries. It’s unclear if authorities considered any charges or citations, and it’s also unclear if the truck reportedly involved stayed at the scene.
Commentary by Attorney Michael Grossman
What concerns me the most about this crash is the seeming uncertainty of events even in the apparent witness statements. That’s often a problem that requires more evidence to clear up, but it could be even more significant here. The fact of the matter is victims are almost always blamed for their own injuries regardless of whether or not it’s true. In few places is that challenge harder to overcome than in North Carolina. Why is that?
Put simply, North Carolina is one of only a handful of jurisdictions that uses a draconian legal standard called Contributory Negligence. Essentially, the law says that if a victim is at all responsible for their own injuries, they lose their right to hold someone else accountable for their respective actions. Even if it was found that the victim was 10% responsible, another driver being 90% responsible ducks all the responsibility.
Now, I don’t say this to be alarmist, and I also don’t bring it up to assign any portion of blame relating to this crash. After any serious commercial vehicle wreck, immediate and thorough accident reconstructions are crucial to leave as little room as possible for speculation or blame-shifting. The fact that the deck is inherently stacked against victims and families North Carolina only makes that more crucial. The more that people understand this, the better they can inform themselves. That way, in the unthinkable event they end up in a similar situation, they can be prepared.
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