Two people riding an e-bike were struck and killed on Tilghman Road on September 24, according to WRAL. The Wilson Police Department identified them as Jason Williams, 49, and Charise Dickerson, 42. Both died at the scene.
No citation or arrest was issued that day. On October 1, a week later, the Wilson Police Department announced charges against the driver, Collin McLaughlin, 22, for two counts of second-degree murder and two counts of felony death by motor vehicle. He turned himself in. According to a search warrant reported by WRAL, McLaughlin showed signs of impairment during field sobriety testing and tested positive on a preliminary breath test.
District Attorney Jeff Marsigli said the weeklong delay reflected the need to complete the investigation before bringing serious charges.
How Criminal Charges Impact a Civil Case
A second-degree murder charge in a vehicle case means the State is alleging malice, not merely carelessness. That distinction carries greater weight in a North Carolina civil case than in almost any other state. North Carolina is one of four states that still applies pure contributory negligence. The archaic rule bars recovery entirely if the injured person’s own negligence contributed in any way. In most crashes involving a bicycle or an e-bike, that defense will ask where the riders were positioned, whether they were lit, and whether an e-bike belonged on that stretch of road. When a driver is under the influence and charged with murder, it is generally not a defense to willful or wanton conduct.
The same conduct opens the door to punitive damages, which North Carolina permits when a defendant acts with malice or willful and wanton disregard. Impaired driving crashes are often eligible for this type of compensation.
Wrongful Death Claims in North Carolina
In North Carolina, a wrongful death claim must be brought by the estate’s personal representative, not directly by the family, and filed within two years of the date of death. Managing these requirements can be difficult and time-consuming for families grieving the loss of a loved one. If you lost a family member in this crash or another crash involving an impaired driver, contact Maginnis Howard to discuss your situation and learn how the firm may be able to assist.