Heather Weir was only 12 years old at the time that she was struck by a drunk driver and killed by the life-threatening injuries that she had sustained. On August 16, 2012, the young girl and her best friend, Brianna Pollock, were out late at night, throwing eggs and socks full of spaghetti at passing cars on Highway 70 in Goldsboro, North Carolina. Weir had decided to spend the night at her friend's house that night, and after telling Pollock's grandmother that they were going out to look for a lost cell phone, they decided to engage in a little bit of mischief.
The fatal incident happened when Weir decided to run out into the road to retrieve a sock full of spaghetti that she had thrown. She subsequently dropped her cell phone along the way, and when she turned around to pick it up, drunken driver, James Brooks, slammed into her and sent her flying 110 feet down the highway. The impact did not initially kill the young girl, and her best friend ran out into the road to drag her out of the path of oncoming traffic and see if she was still alive. Pollock explained that "her face was covered in blood," and that she had "checked her pulse to check that she's still alive."
After being transported to Vidant Medical Center, however, it was discovered that the victim had suffered traumatic brain injuries, a broken ankle, and a broken femur. She passed away the next morning. Although it could be argued that the victim's actions contributed to the accident that eventually lead to her death, her family may still be able to pursue a
wrongful death lawsuit against the 67-year-old drunk driver that has also contributed to the fatal
car accident. If you have suffered the loss of a loved one at the hands of an irresponsible driver, as well, you should not hesitate to explore your legal options. Contact our firm for more information.