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: My family and I were driving along the interstate headed to Wisconsin in our minivan when we were jackknifed by a large semi.  My wife suffered a major back injury which is going to run into the thousands in medical costs.  Our insurer will only cover a moderate percentage of these costs.  I want to know how to bring a case against the trucking company so we can cover these expenses.

Response: All drivers and truckers owe their fellow drivers and passengers a duty to exercise a reasonable degree of care.  Unfortunately, too many drivers are negligent and accidents occur as a result.  In cases of large trucks, injuries can be more catastrophic, even deadly.  In your particular case, which is a jackknife situation, any number of factors might have 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 successful lawsuit against the defendant company, you have to show that the driver failed to exercise the reasonable care due to you and the injuries resulted from this failure.  

If the driver was operating within the boundaries of his contractual duties to the company, then the company is liable for the accident under the legal theory of "respondeat superior."  You have to show that the company had some degree of control over their driver to establish the company's liability through any insurance coverage.  Because this type of case involves a lot of factual discovery, you should retain a lawyer proficient in trucking laws and truck accidents.

Answered by Sharon Cullars

Additional Resources:

• Laws/Regulations/Guidance | NHTSA
• Jackknife Accident Lawyers: Attorneys For Brake Failure

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