Attorney Matthew R. Arnold answering the question: “If I am injured in a car accident or at work what should I do?”
Police in Wadesboro, North Carolina have admitted to making a mistake during their investigation of a Christmas Day accident that left a 13-month old girl dead. Initially, law enforcement authorities said that they believed the girl’s father, Alexander Hooper, was texting before the accident.
Earlier this week, Hooper was charged with texting while driving and driving left of center. Police say they found Hooper’s phone after the tragic accident and found a message on the phone that said “Merry Christmas.” They believed that the text was sent moments before the wreck and say that they think Hooper sent it to a friend.
However, after the accident was revealed publicly and police in Wadesboro said that they would charge Hooper with texting and driving, family members came forward to explain that Hooper was innocent. Family members said that Hooper was sent a message by a friend prior to the accident but never responded. Police officials say they reopened the investigation and reexamined the phone, admitting that mistakes were made prior to filing the initial charges.
Officers say they realized that the message was not an outgoing one and they worked to correct the accident report and reflect the fact that he was not texting at the time. While officers have made that change to the accident report other parts have remained the same. The original report continues to state that Hooper crossed the centerline and hit an oncoming vehicle, police say that has not been changed.
In North Carolina, it’s against the law to read or send a text message. That means that even if Hooper did not send the message it would still be possible for him to be charged with texting and driving. Thankfully, the police say that they have no evidence that the message was ever opened by Hooper, meaning he will not be charged in connection to the text.
Beyond the tragic fatality, another family in a Dodge Intrepid was seriously injured after being hit by Hooper’s Volkswagen. Following the collision the Intrepid caught fire and a passenger, Saundra Davis, was severely injured, requiring an airlift to Carolinas Medical Center Main. The Davis family required medical care and has incurred substantial expenses in connection with the accident. The family has since set up a fund for people to donate to help with the bills.
If you, or someone you know, have any questions regarding personal injury claims, please feel free to contact the experienced personal injury attorneys and lawyers in Charlotte, North Carolina at Arnold & Smith, PLLC for a free consultation. Call at 704-370-2828.
About the Author:
Matthew Arnold is a Managing Member with Arnold & Smith, PLLC where he focuses his practice on Personal Injury, Family Law and Business Litigation. Mr. Arnold began his career handling insurance defense litigation for several major insurance companies. He also went on to handle business litigation cases and high value mortgage fraud cases, primarily in Superior Court.
Mr. Arnold grew up in Charlotte, graduating from Providence Senior High School and continued his education at Belmont Abbey College on a basketball scholarship. After graduating cum laude he attended law school at the University of North Carolina at Chapel Hill on a full academic scholarship. In his spare time, Mr. Arnold enjoys golfing and spending time on the North Carolina Coast with his wife and three young children: two daughters and one son.
“Police: Father not texting in wreck that killed 13-month-old daughter,” published at WBTV.com.
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