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Charles Leonard Barnett, 35, was killed in a single-car accident Sunday night.  Apparently he lost control of his truck and hit a tree.  A passenger was transported to a local hospital with non life-threatening injuries.

                                                           Attorney Michael Terrell's Take

This case, while sad, illustrates a couple of issues related to car wrecks and personal injury cases.  First of all, the issue of liability.  Remember, not all accidents are compensible.  There must be a negligent act.  It is entirely possible for a driver to do nothing wrong and still have an accident, for instance if a deer runs in the road and the driver over-corrects in an attempt to miss the deer.  Other scenarios might involve the car malfunctioning or the brakes going out.  In all the foregoing scenarios it is likely that a personal injury case would not arise because the driver was not negligent in the accident.

In Mr. Barnett's case, his passenger would be the more likely of the two to have a personal injury case.  Passengers, of course, don't have control over the car.  Again however, his claim would depend on whether Mr. Barnett was negligent while driving.  If Mr. Barnett was not negligent, there would be no personal injury claim.

A case such as this would require the knowledge of an attorney specializing in personal injury law to investigate the claim to determine if a case could be made.

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