Profile For Jonathan K.

Jonathan K.'s Info

  • Location:

  • Driving Status:

  • Social Link:

  • Joined Us:
    2 years, 4 months ago

Jonathan K.'s Bio

No Bio Information Was Filled Out. Must be a secret.

Page 1 of 1

Posted:  2 years, 4 months ago

View Topic:

Accident as company driver, now being sued personally

I got in a minor accident in NJ.  I missed my exit on the freeway, so I followed my truck GPS to redirect.  GPS led me to a small residential street, which in hindsight I should not have followed.  

It was dark and I couldn't see anything in my mirrors while trying to make the tight right turn.  There was a car parked on the corner with somebody inside.  I was turning very slowly, but I didn't realize I hit anything so I continued for a few feet into the turn while my trailer was pushing into the car.  The person inside honked, and as soon as I realized I hit something, I got out and we called the cops.

The person in the car was not injured, but he didn't speak any English and his nephew was there speaking for him.  I didn't get off too great with the nephew and he threatened to claim injury, although the uncle was completely fine and even said he didn't want to pursue any injury claims. The police arrived, and the nephew said to me they just wanted reimbursement for the car and will not claim any injuries.  The police reports no injuries and that all parties refused medical assistance.

However, I recently received a letter from an attorney stating I am being sued personally for personal injury as the owner and operator of the CMV.  It said to forward the letter to my insurance company or contact them if I didn't have insurance or was self insured. I was a company driver on my way to consignee, and in reality, the person was absolutely fine and the nephew must have coaxed him into trying for a big rig payout.  I was going so slow, that even though the person was in the car, the only type of injuries that would be possible would have been visible on scene.  I was not ticketed by the police.

I have since switched to a different company, but I am not sure what I should be doing.  So my questions are as follows... and I'd appreciate any help with facts please.

1}  The police report just had a leasing company listed as the owner, so is it possible they are mistaking me for an owner/operator and if I mention I was a company driver, will they stop pursuing me and go after my former company's insurance?

2}  Can I be sued personally while I was a company driver performing work duties?

3}  Shouldn't my former company's insurance be dealing with these issues?

4}  Should I contact my former company and speak with them...(I'm a little concerned that our interests are no longer aligned, since I'm at a different company now and didn't leave on the best of terms... not too bad, but not great.)  

5}  Should I ask my former company for the dashcam video?  What about copies of my logs for that day... in case they will try to use something in there against me? 

6}  Is it unwise to contact the attorney and tell them that this is a frivolous lawsuit and that I will not settle and will take it all the way to court? 7}  I'm confident this is a completely frivolous lawsuit, but would it be unwise to try and defend myself in court?

7}  Do I need to hire an attorney to represent me, or is it enough to rely on my former company's insurance?  

8}  Any recommendations for an attorney that helps truckers in these types of matters in NJ?  

Thank you in advance for your help.

Page 1 of 1

Why Join Trucking Truth?

We have an awesome set of tools that will help you understand the trucking industry and prepare for a great start to your trucking career. Not only that, but everything we offer here at TruckingTruth is 100% free - no strings attached! Sign up now and get instant access to our member's section:
High Road Training Program Logo
  • The High Road Training Program
  • The High Road Article Series
  • The Friendliest Trucker's Forum Ever!
  • Email Updates When New Articles Are Posted

Apply For Paid CDL Training Through TruckingTruth

Did you know you can fill out one quick form here on TruckingTruth and apply to several companies at once for paid CDL training? Seriously! The application only takes one minute. You will speak with recruiters today. There is no obligation whatsoever. Learn more and apply here:

Apply For Paid CDL Training