North Carolina Lawyers Weekly
The estate and surviving family of a motorist killed in an accident involving a semitrailer and recreational vehicle has been awarded a $1.3 million settlement.
In August 2021, a North Carolina family was on vacation in Pennsylvania when an unlicensed New York driver lost control of his semitrailer and collided with the plaintiffs’ RV.
According to the plaintiff’s council, Matthew F. Altamura and Shannon L. Altamura of Garrett, Walker, Aycoth & Altamura LLP in Asheboro, N.C., the RV was parked outside of the fog line of the roadway awaiting assistance for a mechanical issue at the time of impact.
An 82-year-old male was killed at the scene of the accident, which was witnessed by his wife who sustained a permanent shoulder injury. The son of the deceased also suffered extensive injuries to his legs, and the deceased’s daughter-in-law suffered minor injuries.
In July 2022, the survivors and estate of the deceased obtained a $750,000 settlement from the at-fault trucking company from New York, and an additional $550,000 settlement from three North Carolina under-insured motorist policies, their attorneys report.
According to attorney Matthew Altamura, much of the case revolved around damages and insurance questions rather than liability. The defendant’s trucking company initially offered their limits of $500,000 which was legally insufficient according to Altamura, because the Federal Motor Carrier Act requires $750,000 as minimal liability coverage.
The plaintiffs were awarded $1.3 million for loss of pension, social security benefits, medical expenses and loss of income.
Settlement Amounts: $750,000 from liability; $550,000 from three combined North Carolina under-insured motorist policies
Injuries Alleged: 1 fatality; various injuries to survivors including shoulder separation, rib fractures, kidney injuries, and fibula and tibial fractures requiring surgery.
Case Name: Confidential
Date of crash: Aug. 20, 2021
Date of Settlement: July 22, 2022
Special Damages: \$192,597.34 in Loss of Pension and Social Security benefits, $57,044.40 in 414 healthcare expenses, $16,563.83 in lost wages
Attorneys for Plaintiff: Matthew F. Altamura and Shannon L. Altamura of Garrett, Walker, Aycoth & Altamura LLP in Asheboro
