Asheville, NC — November 16, 2025, Daniel Gardner was killed in a truck accident at about 11 a.m. on Interstate 40/Andrew Jackson Highway.

Authorities said a westbound semi-truck hit a pedestrian near Exit 44.

The pedestrian, 44-year-old Daniel Gardner, died after being taken to a local hospital, according to authorities.

The truck driver, who remained at the scene, will not face any charges in connection with the crash, authorities said.

Authorities have not released any additional information about the Buncombe County crash at this time.

Commentary by Attorney Michael Grossman

When someone is hit and killed by a semi-truck, it’s natural to ask how something like that could happen. Was the pedestrian in the road for some reason? Did the truck drift onto the shoulder or fail to avoid someone clearly visible? The reports so far leave almost all of those questions unanswered.

We’re told that a truck hit a pedestrian near Exit 44 on I-40, but that’s a highway, so the first obvious question is: What was a pedestrian doing on the interstate in the first place? It’s not clear whether the person was trying to cross the road, walking along the shoulder or had been involved in another incident that left them stranded in the roadway. Depending on the circumstances, the legal picture could look very different.

From the trucking side, it’s also unclear what the driver saw, what actions he took, or whether he even had time to respond. Authorities said the driver won’t face charges, but that doesn’t necessarily mean he did everything right. It just means the local criminal investigation didn’t find grounds to pursue charges. Civil investigations often go deeper.

In a case like this, an independent investigation would look at several key types of evidence:

• Dash cam footage (if available) can show how visible the pedestrian was and how long they were in the driver’s line of sight.
• Engine control data (the truck’s “black box”) tells us the truck’s speed, braking and throttle input leading up to the crash.
• Cell phone records can rule out distraction.
• Toxicology reports are important for both parties, not just the driver.
• Scene measurements and lighting conditions can show whether the pedestrian was clearly visible or not.

Without answers to those questions, it’s premature to say whether the driver, or anyone else, should be held accountable. But it’s also premature to assume no one did anything wrong. I’ve worked on cases where police initially cleared a truck driver, only for later evidence to reveal serious failures, like fatigue, distraction or poorly maintained vehicles.

The public often assumes that a pedestrian on the highway must have been at fault. But that's not always true. Sometimes they’re forced onto the road due to mechanical failure, sometimes they’re trying to help someone else. Until we know what this person was doing there and how the driver responded, we can’t say where responsibility lies.

Key Takeaways:

• It’s unclear why the pedestrian was on I-40 or whether they were in the roadway or on the shoulder.
• Authorities say the truck driver won’t face charges, but that doesn’t rule out civil liability.
• Critical evidence — including dash cam, ECM data and phone records — hasn’t been made public.
• Independent investigations are necessary to evaluate what the driver saw and did.
• Legal responsibility depends on facts that still haven’t come to light.