A Virginia family who slammed Perdue with a wrongful death lawsuit after a fatal semi-truck accident agreed to settle for $1.6 million.
According to the semi-truck accident settlement, the family will receive approximately $1 million after their loved one died of injuries sustained in an accident with a Perdue truck in September of 2014. Perdue and the other defendants have agreed to pay the family’s attorneys’ fees as well.
Albert T., a 50-year-old man, was driving in Northampton county in Virginia on Sept. 4, 2014, according to court documents. He was struck by a semi-truck hauling a Perdue trailer and suffered severe physical injuries. He was taken to the hospital, but died of his injuries the next day.
Thomas’ surviving family members lodged a wrongful death claim against Perdue, including its farm and trucking company, as well as Baynor Trucking and the truck driver.
Initially, the family sought $25 million in damages because, they alleged, the trucking company had a record of poor driving. Additionally, the truck driver pled guilty to a misdemeanor charge of reckless driving.
The nearly $2 million semi-truck accident settlement is a “fair and reasonable” compromise, state the plaintiffs in court documents..
“The circumstances surrounding the death of Mr. Thomas are such as to render questionable liability of the Defendants,” notes the plaintiffs’ motion for approval of the conditional settlement.
Under the terms of the semi-truck accident settlement, Perdue and the other defendants do not admit liability on their part..
“This compromise is in settlement of any and all claims including, but not limited to, any claim for consortium, loss of society, care, services, support or companionship, cost, expenses, or compensation,” states the motion.
Albert’s family members include his wife and five adult children. His wife will receive $800,000 and his children will receive between $50,000 and $109,000 each.
“All parties agree that the proposed compromise settlement is fair, reasonable, and in the best interest of the statutory beneficiaries of Albert T, deceased and the named defendants,” states the semi-truck accident settlement.
Semi-Truck Accident Settlements
Motorists are not always aware that a different set of rules and regulations apply to the semi-trucks they share the road with. Some of these rules include:
- Accident reporting
- Testing for substance or alcohol use
- Required rests
These rules are meant to help protect everyone who uses the road, but sometimes these rules can take longer and affect the bottom-line for truckers and trucking companies. This leads to trucking companies skirting the rules, and, unfortunately, leading to accidents in some cases.
Motorists who are in an accident with a semi-truck also should be aware that trucking companies have a host of tactics to pay as little as possible even when they or their driver is responsible for the crash. These tactics include:
- Using an insurance adjuster representing the company to demand a statement from the injured motorists saying that it will help the motorist get their settlement check.
- Offering a minuscule semi-truck accident settlement offer early before the injured motorist knows the extent of their injuries or property damage..
- Engage in the destruction or alteration of evidence to avoid fines or bigger settlements.
- Telling their drivers to not submit to required drug and alcohol tests after the accident.
- Trucking companies will try to delay proceedings as a last resort, knowing injured motorists are likely facing medical bills, lost work, and other damages
If you or a loved one have been injured in a trucking accident, consult with the experienced attorneys at McDonald Worley. The case review is free.