North Carolina Sheriff’s Deputy Killed in a Tractor-Trailer Collision
WBTV.com reported in November that a North Carolina Union County sheriff’s deputy was killed when a tractor-trailer collided with his patrol car. The collision occurred in Monroe, North Carolina on Highway 74 near S. Sutherland Avenue. The tractor-trailer flipped onto the car killing the deputy. The driver was charged with death by vehicle, a misdemeanor. The deputy, Sgt. Jeffrey Wayne Greene had a wife, two children and five grandchildren.
This case will give rise to several types of cases. The cases will begin with the appointment of a personal representative for the estate of the deputy. Normally, the deputy would have prepared a will and designated his wife to be the personal representative, but if not, either she could step up or if no one steps up after a certain amount of time, someone else can be appointed by the Clerk of Court. The two main actions are a workers’ compensation claim and a negligence claim.
- Workers’ compensation claim. There will be a worker’s compensation claim if the officer was on duty. An experienced personal injury lawyer will inform the personal representative which family members are allowed to receive 2/3 of the lost wages of the deputy and for how long. He’ll also explain how much worker’s compensation pay for funeral and related death expenses is allowed.
- Wrongful death claim. There will be a wrongful death claim against the driver and probably against the owners of the tractor-trailer, presumably a trucking company. Wrongful death claims typically benefit the spouse and the children for lost pecuniary benefits and for the loss of the society the deputy would have provided them. Because this case involves a misdemeanor, there is the possibility of a claim for punitive damages up to the limits allowed by North Carolina law. Of key importance will be whether or not the defendants had insurance and how much. More likely than not, it is commercial insurance, so there will likely be a large policy of at least $1Million available. In the unlikely event that the tractor trailer was not insured, then the personal representative will likely be able to collect from the police department’s uninsured/underinsurance policy. If that is not available, then presumably the trucking company has assets available to collect after obtaining a judgment against them in Court.
Joe Miller helps personal injury victims
Attorney Joe Miller helps accident victims who have been injured and the families of victims who have suffered a wrongful death. He has over 25 years of experience negotiating with and fighting against the trucking companies and insurance companies. He’ll work to get all the benefits that his client deserves. In some cases, he will file multiple actions such as a worker’s compensation claim and a wrongful death claim. Joe Miller practices law in both North Carolina and Virginia and is ready to fight for you. Contact Joe Miller Law, today at (888) 694-1671 for the help you need.