Losing a loved one in a car accident is devastating, but you are not alone. Fatalities from car crashes number in the thousands every year. When someone breaks the law behind the wheel and takes a life, you might wonder if the penalties are severe enough. This question has sparked ongoing debate in North Carolina and across the nation.
Current state of NC traffic penalties
North Carolina’s penalties for fatal accidents vary depending on circumstances. For example, impaired driving that causes fatalities can lead to felony charges of death by vehicle. Reckless driving, excessive speeding or fleeing law enforcement may support additional charges.
However, you may still see cases where the outcome falls short of expectations. The driver’s behavior could be clearly unlawful, but prosecutors must still prove specific elements beyond a reasonable doubt. Many grieving families feel current statutory penalties fail to reflect the severity of taking an innocent life.
Origins of Arabella’s Law
Arabella’s Law stems from one family’s efforts to change state law after the death of loved ones in a car crash this year. One Columbus County father lost his 11-year-old daughter, Arabella Powell, and her mother, 28-year-old Amanda Green, one night. The driver who caused the crash ran a stop sign and was only charged with a misdemeanor.
The family later learned this aligned with state law. Because the driver was not impaired by alcohol or controlled substances, current North Carolina law treated this as a misdemeanor death by vehicle. While similar cases can fall under felony involuntary manslaughter, there are still ways for drivers to evade tougher penalties. This could mean a driver who causes fatalities walks away with just a citation, with no arrest or bond requirement.
What “Arabella’s Law” could change
Arabella’s family is pushing for legislative change that would impose harsher penalties on drivers who cause fatal accidents. Family members claim that aggravating factors should influence cases and deliver proportional justice.
Among the family’s proposals is creating a new statutory aggravated category that would allow prosecutors to upgrade non-impaired fatal crashes to felonies when drivers commit multiple or serious traffic infractions.
Your legal options
North Carolina law does not always benefit the victims. While families still fight for change, you need to navigate the legal system carefully so your loved ones receive the justice they deserve. If you have lost a family member to a traffic accident in North Carolina, it pays to speak out. Consider consulting the help of a legal representative to evaluate your family’s legal options.