A pedestrian was killed Saturday night on Crocker Street near Selma when a vehicle struck him and kept going. Frank Joseph Lotruglio, 56, of Smithfield, was walking on the road with a friend around 9:12 PM when a southbound vehicle hit him. The driver didn’t stop. Mr. Lotruglio died at the scene.
The State Highway Patrol has seized a vehicle they believe was involved. Search warrants are being prepared with assistance from the Highway Patrol’s Reconstruction Unit and the State Bureau of Investigation. No arrests have been made yet, according to the JoCo Report.
No family should have to go through this.
Who Can File a Wrongful Death Claim in North Carolina?
When someone is killed because of another person’s negligence, North Carolina law allows the family to bring a wrongful death claim. But the law is specific about who can file and how these cases work.
Only the personal representative of the estate can file a wrongful death lawsuit in North Carolina under N.C. Gen. Stat. § 28A-18-2. That’s the executor or administrator appointed by the court to handle the deceased person’s affairs. If no estate has been opened, the family needs to go through probate first to get someone appointed.
Even though the personal representative files the lawsuit, the law specifies who actually receives the recovery. Surviving spouse and children come first. If there’s no spouse or children, then parents. If no parents, then other next of kin. The court distributes wrongful death proceeds according to this order – not according to what’s in a will.
This is separate from the estate itself. Wrongful death recovery goes to the statutory beneficiaries, not through the deceased person’s estate.
North Carolina’s Two-Year Wrongful Death Deadline
North Carolina gives you two years from the date of death to file a wrongful death lawsuit under N.C. Gen. Stat. § 1-53. Miss that deadline and you lose your right to sue. There are almost no exceptions.
Two years sounds like a long time when you’re dealing with grief and funeral arrangements. It’s not. Evidence disappears. Witnesses forget. The insurance company starts building its defense immediately.
I’ve handled wrongful death cases across North Carolina for over 26 years. The families who wait until year two to start thinking about their legal rights face serious problems. Physical evidence from the scene is gone. Witness memories have faded. Police reports are months or years old.
Don’t wait.
Hit-and-Run Crashes Create Insurance Complications
When the driver flees, it creates problems for the family’s wrongful death claim.
If they never find the driver. Uninsured motorist coverage may apply. If Mr. Lotruglio had auto insurance with UM coverage, that policy might cover hit-and-run accidents where the driver can’t be identified. Family members’ policies might also provide coverage.
North Carolina law treats unidentified hit-and-run drivers the same as uninsured drivers for purposes of UM coverage. That means if you can’t identify who hit your loved one, you look to UM coverage from available policies.
If they find the driver but he has no insurance. Same thing – uninsured motorist coverage becomes the source of recovery. North Carolina requires all drivers to carry liability insurance, but not everyone does. When an uninsured driver causes a death, UM coverage is often the only way the family can recover anything.
If they find the driver and he has insurance. The family can pursue his liability insurance. But many drivers only carry North Carolina’s minimum coverage. Until July 1, 2025, the minimum was $30,000 per person for bodily injury. As of July 1, 2025, the minimum increased to $50,000 per person/$100,000 per accident. Even with the increase, minimum-limit policies often aren’t enough to fairly compensate a family for losing someone.
When the at-fault driver’s insurance isn’t enough, underinsured motorist coverage from other policies becomes critical. These policies stack on top of the at-fault driver’s coverage to provide additional recovery.
Figuring out all available insurance sources and how to maximize recovery from multiple policies is complicated. I get a lot of questions about this from families dealing with wrongful death claims.
North Carolina’s Harsh Contributory Negligence Rule
Here’s the thing about North Carolina that makes wrongful death cases even harder: if the person who died was even 1% at fault, the family recovers nothing. Zero.
The Highway Patrol says Mr. Lotruglio was walking in the roadway when he was hit. You can bet the driver’s insurance company – if they identify the driver – will argue that a pedestrian in the road contributed to the accident. Even though the driver fled the scene and left him to die.
That’s how North Carolina’s contributory negligence rule works. It’s one of the harshest laws in the country. North Carolina is one of only a couple of states that still has this rule. Go figure.
Insurance companies know this. They use it to deny wrongful death claims every day.
Fighting that defense requires looking at the specific facts. Was there a sidewalk available? What were the lighting conditions? Was the driver speeding or impaired? Where exactly was Mr. Lotruglio walking – in a traffic lane or on the shoulder? Was he wearing reflective clothing? What was the posted speed limit?
These details matter because they determine whether the family can overcome a contributory negligence defense. In my experience handling these cases across North Carolina, the difference between recovering compensation and getting nothing often comes down to how well you can prove the deceased person was not at fault.
Criminal Investigation vs. Civil Wrongful Death Claim
Right now, the Highway Patrol is conducting a criminal investigation. They’ve seized a vehicle. They’re preparing search warrants. If they identify and arrest the driver, that person will face criminal charges – likely felony hit-and-run resulting in death under N.C. Gen. Stat. § 20-166.
But the criminal case is separate from the family’s wrongful death claim. The family doesn’t have to wait for criminal charges to file a civil lawsuit. And even if criminal charges are filed, the family still needs to pursue their own civil claim to recover damages.
The criminal case can help the civil case. If there’s a conviction, it can be used as evidence in the civil lawsuit. But they’re two different proceedings with different standards of proof and different outcomes.
Criminal cases are about punishment. Civil wrongful death cases are about compensation for the family.
What Damages Can Be Recovered in Johnston County Wrongful Death Cases
North Carolina’s wrongful death statute allows recovery for several types of damages under N.C. Gen. Stat. § 28A-18-2.
Medical and funeral expenses. Bills for medical treatment before death and funeral costs. These are actual out-of-pocket expenses the family has already paid or will have to pay.
Loss of income. The money the deceased would have earned over their remaining work life. This calculation considers the person’s age, occupation, earning history, and life expectancy.
Loss of services. The value of household services, childcare, yard work, home maintenance, and other contributions the deceased made to the family. These services have real economic value even if the family wasn’t paying for them.
Loss of companionship. The emotional loss suffered by surviving family members – the love, guidance, care, and companionship they’ve lost. This is often the largest component of wrongful death damages.
Punitive damages. In cases involving gross negligence or willful conduct – which might include fleeing the scene of a fatal accident – North Carolina allows punitive damages intended to punish the defendant. These are separate from compensatory damages and are designed to deter similar conduct.
Each case is different. The value depends on the deceased person’s age, income, family situation, and the specific circumstances of the death.
What Families Should Do After a Fatal Accident
If you’ve lost someone in an accident anywhere in North Carolina, here’s what you need to do:
Get legal advice quickly. Don’t wait to see what happens with the criminal investigation. Don’t wait for the insurance company to make an offer. The two-year deadline under N.C. Gen. Stat. § 1-53 is firm.
Don’t give recorded statements. The at-fault driver’s insurance company may try to contact family members for statements. Don’t give them. Everything you say gets recorded and used to minimize or deny the claim. In North Carolina where even 1% fault bars recovery, you can’t afford to say something that hurts your case.
Preserve evidence. Keep any belongings from the scene. Keep all documents related to the death. Take photos if appropriate. Get witness contact information. The Highway Patrol will conduct their investigation, but you should preserve everything you can.
Open an estate. Someone needs to be appointed as personal representative before a wrongful death lawsuit can be filed. This happens through the probate process in Johnston County for residents of Johnston County.
Document the impact. Keep records of how this loss has affected the family financially and emotionally. Medical bills, funeral expenses, lost income – document everything. This becomes important in proving damages.
Where Wrongful Death Cases Are Filed in Johnston County
Wrongful death cases in Johnston County are filed in Johnston County Superior Court in Smithfield. The courthouse is located at 207 East Johnston Street.
North Carolina law requires filing in the county where the death occurred or where the defendant resides. Since this crash happened in Johnston County, that’s where a lawsuit would be filed.
Superior Court handles wrongful death cases because these are civil claims seeking damages above the District Court jurisdictional limit.
Frequently Asked Questions About Hit-and-Run Wrongful Death Cases
How long do I have to file a wrongful death claim in North Carolina?
Two years from the date of death under N.C. Gen. Stat. § 1-53. Missing this deadline bars your case permanently. There are very few exceptions, so don’t wait to seek legal advice.
What if they never find the driver in a hit-and-run death?
Uninsured motorist coverage from the deceased person’s auto insurance policy or family members’ policies may provide coverage for hit-and-run accidents where the driver cannot be identified. North Carolina treats unidentified hit-and-run drivers the same as uninsured drivers for UM coverage purposes.
Can we file a wrongful death lawsuit before criminal charges are filed?
Yes. The civil wrongful death case is separate from any criminal investigation or charges. You don’t have to wait for the criminal case to proceed. In fact, waiting for criminal resolution can cost you valuable time on the two-year statute of limitations.
What if the deceased person was partially at fault for the accident?
This is a major problem in North Carolina. If the deceased was even 1% at fault, the wrongful death claim may be completely barred under North Carolina’s contributory negligence rule. Fighting contributory negligence defenses requires detailed investigation of the accident circumstances.
How much does a wrongful death attorney cost in Johnston County?
Most wrongful death attorneys work on contingency fees. You don’t pay anything upfront. The attorney’s fee comes from the recovery – typically one-third. If there’s no recovery, you don’t pay attorney fees.
What are North Carolina’s current minimum insurance requirements?
As of July 1, 2025, North Carolina’s minimum liability insurance increased to $50,000 per person/$100,000 per accident for bodily injury. Previously, the minimum was $30,000/$60,000. Even with North Carolina’s increased minimum liability limits, many serious wrongful death cases exceed these amounts, making UM/UIM coverage critical for protecting your family.
Get Legal Help After a Fatal Hit-and-Run in North Carolina
Over 26 years, I’ve handled wrongful death cases across North Carolina. I know how devastating these losses are. I know the legal system adds stress on top of grief. And I know insurance companies will use every tool they have – including North Carolina’s harsh contributory negligence rule – to deny or minimize claims.
If you’ve lost someone in a hit-and-run or any fatal accident anywhere in North Carolina, contact us for a free consultation. We handle wrongful death cases on contingency fees – you don’t pay unless we recover compensation. Call 336-221-8900 to discuss your case.
You know where I am.
About This Article: This content is based on reports from JoCo Report regarding a fatal hit-and-run crash in Johnston County investigated by the North Carolina State Highway Patrol. We provide this information as an educational resource about wrongful death law in North Carolina. If you are directly connected to this accident and have questions or concerns about this article, please contact us at 336-221-8900.
Legal Disclaimer: This article provides general information about wrongful death cases in Johnston County, North Carolina and should not be considered legal advice. Every case is different. For advice about your specific situation, contact a licensed North Carolina attorney.