A tractor trailer driver in North Carolina is facing homicide by vehicle charges in a Lebanon, North Carolina truck crash in 2015 that killed two people from Middletown in the same state.
The truck driver, 40, on Oct. 27 waived his preliminary hearing on the truck crash charges.
North Carolina State Police reports stated that Kennedy was driving a tractor trailer on Nov. 20, 2015 that slammed into a Toyota Camry that had two occupants. Both occupants of the vehicle died in the truck crash.
The truck driver has been charged with two felony counts each of homicide by vehicle and aggravated assault by vehicle; two counts each of involuntary manslaughter and simple assault, and also recklessly endangering another person, speeding, careless driving, and reckless driving.
As North Carolina tractor trailer crash attorneys, we extend our deepest sympathies to the family of these two innocent truck crash victims. We hope that justice is served in criminal court on the driver in this terrible, tragic crash.
If the surviving family is considering filing a wrongful death lawsuit in this matter, they should know that while they could be entitled to damages for pain and suffering and lost wages, punitive damages are limited in North Carolina since 1996.
N.C. Gen. Stat. Chapter 1D states that clear and convincing evidence must be demonstrated of malice or willful or wanton conduct. That conduct also must be more than gross negligence. The law currently limits punitive damages to three times compensatory damages, or $250,000.
Even if punitive damages are limited in a wrongful death or personal injury lawsuit, you still can win a large settlement, sometimes in the millions of dollars. So, it is worth talking to an experienced truck accident attorney in your area if you or a loved one have been injured.