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What Are My Husbands Rights?

By business answers Posted in: Business

We just got served a letter that we are being sued for a tractor trailer ( 18 wheeler ) accident that happened in the state of Colorado in the year of 2009. He was not at fault and did not receive a ticket. The truck was company owned and he was on duty when the accident happened. The car had run out of gas, had no hazards on, and was stalled on the off ramp. My husband was slowing from highway speeds when he hit the small dark car and totaled it.The man was lucky that he saw my husband coming and moved to the other side of the car. He walked away from the car accident but in the report they say he’s permanently disfigured and my husband was negligent per se. They are taking the case to a jury trial and it totals over 100k. The company has since gone out of business, but they are also listed on the paperwork. We have contacted a lawyer but it’s late right now. We are also going to be contacting the insurance company. I just want to be able to get a few answers so I might be able to get some sleep.

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  1. Artemis Agrotera Says

    The insurance company should defend against the lawsuit. Frankly, this sounds like something that could be dealt with in a summary judgment motion.
    But jst because he did not receive a ticket does not mean your husband was not at fault. It would just mean your husband was not criminally responsible. He could still potentially have been negligent – particularly if the disabled vehicle was off of the road.
    But unless your husband was drunk (which he obviously was not because he wasn’t arrested) he was an agent of the company he worked for. This means the COMPANY is responsible for your husband’s work-related activities. If the company is out of business, then this doesn’t change the fact the company is still responsible.
    Unfortunately for you and your husband, it is a standard practice to name everyone in a lawsuit. This makes it easier for the plaintiff, because it makes it easier to go through the discovery process. But it is horribly stressful for the family of the person who is named as a defendant . . . as you are discovering.
    But the insurance company that covered the company in 2009 is still responsible for the collision and they should represent your husband’s interests.
    Absolutely the worst case scenario and a $100,000 judgment is entered against your husband (again, this isn’t going to happen but I want you to go through this in your mind so you can get some sleep) all you need to do is to go to a bankruptcy attorney and discharge the debt in bankruptcy. (And the plaintiff’s lawyer knows this. They want the insurance company to pay. That’s what this is about.)

  2. Wayne Says

    In most states if you are the moving vehicle, you hit a stalled or perked vehicle, you are at fault. But, that is why we have insurance. Be sure you get a lawyer that knows the laws about interstate transportation.

  3. food stamp Says

    he has the right to go to court, and explain his side.
    good luck trying to explain why its not his fault he hit a parked car……..what an idiot.

  4. mary Says

    Your husband has no rights.
    You are the woman, you make the rules.

  5. Vdsbfgb Says

    good luck in court

  6. Jam Says

    he has the right to take ur klothes of

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