Our insurer will only cover a certain portion with an at fault accident with a Truck part of a company. Can I file a lawsuit?

Question: Myfamily and I were driving along the interstate headed to Wisconsin in ourminivan when we were jackknifed by a large semi.  My wife suffered a major back injury which isgoing to run into the thousands in medical costs.  Our insurer will only cover a moderatepercentage of these costs.  I want toknow how to bring a case against the trucking company so we can cover theseexpenses.

Response: Alldrivers and truckers owe their fellow drivers and passengers a duty to exercisea reasonable degree of care.  Unfortunately,too many drivers are negligent and accidents occur as a result.  In cases of large trucks, injuries can bemore catastrophic, even deadly.  In yourparticular case, which is a jackknife situation, any number of factors mighthave been at work relating to the truck's maintenance or the driver:  brake failure; sudden braking; downshifting;a negligent or ill-trained driver. Whatever the case in your accident, in order to bring a successfullawsuit against the defendant company, you have to show that the driver failedto exercise the reasonable care due to you and the injuries resulted from thisfailure.  

If the driver was operating within the boundaries of hiscontractual duties to the company, then the company is liable for the accidentunder the legal theory of "respondeat superior."  You have to show that the company had somedegree of control over their driver to establish the company's liabilitythrough any insurance coverage.  Becausethis type of case involves a lot of factual discovery, you should retain alawyer proficient in trucking laws and truck accidents.

Answered by Sharon Cullars

Additional Resources:

• Laws/Regulations/Guidance | NHTSA

  http://www.nhtsa.dot.gov/portal/site/nhtsa/menuitem.e649cd1b2b018c71d8eca01046108a0c

• Jackknife Accident Lawyers: Attorneys For Brake Failure