Wrongful death against semi driver?

[angieshue]

What is the name of your state (only U.S. law)? MO
I have a question. My ex husband was killed in a tractor trailer accident while in the sleeper of the truck, the driver was texting, and he was also killed in the accident. My daughter has received Workman's Compensation and Social security Death benefits. My ex husband's mother filed a wrongful death suit in court, and was awarded a settlement, there are no assets of driver for this settlement, but the insurance company for the driver while employed by this trucking company does have assets, will the insurance company be held liable, or will she lose this suit.

 

[HomeGuru]

What is the name of your state (only U.S. law)? MO
I have a question. My ex husband was killed in a tractor trailer accident while in the sleeper of the truck, the driver was texting, and he was also killed in the accident. My daughter has received Workman's Compensation and Social security Death benefits. My ex husband's mother filed a wrongful death suit in court, and was awarded a settlement, there are no assets of driver for this settlement, but the insurance company for the driver while employed by this trucking company does have assets, will the insurance company be held liable, or will she lose this suit.

**A: the insurance company will not be held liable but they could be compelled to pay out to settle the lawsuit.

 

[angieshue]

What would make the insurance company be compelled to pay, due to the fact a settlement was awarded by a judge? I am very confused about this lawsuit, I think my ex mother in law should be compensated due to the fact that her son (killed) was her caretaker, he paid all bills, and now she is in dire straits without the means to care for herself...thanks for your help and advise.

 

[justalayman]

she should have sued the company the person was driving for as well. While the insurance should cover the liabilities of the driver, there may have been even deeper pockets available if the company itself was included in the suit. As well, it's often easier to get some set amount of money from two different pockets than a single one.

are you receiving any of the award? Is the child receiving any portion of the award?

 

[angieshue]

In the state of Missouri, the legal heir is also included in this wrongful death suit, she will receive 50/50 of the settlement amount, even though she already receives WorkComp and SSecurity. It will be put into a trust she cannot touch until she reaches adult age.

 

[justalayman]

In the state of Missouri, the legal heir is also included in this wrongful death suit, she will receive 50/50 of the settlement amount, even though she already receives WorkComp and SSecurity. It will be put into a trust she cannot touch until she reaches adult age.

Good to hear. Just wanted to be certain the child was not left out of the award. Often times the person suing attempts such (and not knowing your particular situation, not intending on judging but not knowing how any particular party would act).

not certain about the 50/50 thing though. In a bit of research, it seems that the division was based on the losses each party would face compared to the losses of any other beneficiary. Presumably a child would experience a much greater loss than a parent and as such, due a much larger share of any award than a parent.

 

[startedone]

What would make the insurance company be compelled to pay, due to the fact a settlement was awarded by a judge? I am very confused about this lawsuit, I think my ex mother in law should be compensated due to the fact that her son (killed) was her caretaker, he paid all bills, and now she is in dire straits without the means to care for herself...thanks for your help and advise.

Just as a side note, this is what life insurance is for..

 

[angieshue]

Life insurance was also an issue. The company that he drove for stated that he opted out of the life insurance policy when he canceled his medical insurance. The copy of the policy he signed shows that he signed off on the medical benefits, but he stated his beneficiary was to be his mother, with his daughter as secondary beneficiary, which was for $50,000 should he be killed on the job, but the company says he didn't have any life insurance.

 

[cbg]

It's not impossible that his employer-sponsored health and life insurance policies were bundled together, so that when he cancelled one he also cancelled the other. He may or may not have realized this to be the case, if indeed it was the case. It is not common to link the two to each other, but it is not unheard of and I have seen it before.