When Tragic Accidents Also Are Crimes

Published for NC Criminal Law on September 24, 2014.

The fields of the Capital Area Soccer League were a sea of blue again last night.  Players of all ages shelved their regulation orange jerseys and wore blue—Laura Yost’s favorite color—instead. They wore blue last week too.  Last week’s blue was to support fellow soccer player Laura, who was hospitalized after she was critically injured in a car accident on her way to school.  Sadly, last night’s blue was to honor her memory.  Fifteen-year-old Laura died early Tuesday morning. Laura, a sophomore at Panther Creek High School in Cary, rode in the back seat of her friend Spencer Saunders’ car last Tuesday.  Her older brother Ryan rode in the front passenger seat.  Spencer was turning left off of Highway 55 onto McCrimmon Parkway in Cary when a dump truck traveling in the other direction crashed into the passenger side of his vehicle.  Reports indicate that the accident was Spencer’s fault as he failed to yield to the oncoming dump truck when turning left as required by G.S. 20-155(b). No charges have yet been filed in the case, but police reportedly have talked to the district attorney about charging Spencer. Failing to yield when turning left is an infraction, not a crime.  The maximum penalty is $100.  A person cited for this offense may pay a $35 fine and court costs and resolve the charge without having to appear in court.  But now that Laura has died, Spencer might be charged with a more serious offense—misdemeanor death by vehicle—a Class A1 misdemeanor, [...]