Lawsuit: Tractor-trailer going too slow caused highway accident

CHARLESTON - A woman is suing Advantage Tank Lines LLC after she claims one of its drivers was operating a tractor-trailer too slow and caused her to collide with it.

Advantage Tank Lines LLC is doing business as ATL Leasing Inc.

Reginald Kenneth Yelverton was also named as a defendant in the suit.

On June 29, 2011, Katherine Jean Hartung was driving her car on Interstate 77 Southbound near Edens Fork in the right lane, according to a complaint filed March 5 in the U.S. District Court for the Southern District of West Virginia at Charleston.

Hartung claims Yelverton was operating a tractor-trailer owned by Advantage and failed to operate the vehicle at or above the statutory speed limit of 55 miles per hour, which caused her to strike his vehicle in the rear as she attempted to switch lanes in order to avoid the slow-moving tractor trailer.

The impact on Hartung's vehicle was sudden, causing significant damage to the vehicle and to the tractor trailer, according to the suit, and both vehicles were towed from the scene.

Hartung claims after the crash, she was transported to Charleston Area Medical Center for treatment.

The statement obtained from Yelverton within the accident report documenting the collision noted that he stated he was driving at approximately five to 10 mph because of being loaded with asphalt, according to the suit.

Hartung claims Yelverton was negligent in operating the tractor-trailer and Advantage is liable for his actions as he was working within the scope of his employment at the time of the accident.

The defendants' actions caused Hartung to suffer serious bodily injury and tremendous pain and suffering; loss of wages; loss of earning capacity; loss of ability to perform household services; loss of ability to enjoy life; mental anguish; apprehension; fright; anxiety; nervousness; worry; loss of dignity and humiliation; grief; shock and embarrassment; annoyance; and aggravation and inconvenience, according to the suit.

Hartung claims Yelverton violated West Virginia code, which states that no person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.

The defendants violated their responsibility to exercise caution and good judgment while driving on Interstate-77 and disregarded the safety of other motorists, according to the suit.

Hartung is seeking compensatory and punitive damages with pre- and post-judgment interest. She is being represented by Tammy Bowles Raines and Robert B. Warner of Warner Law Offices.

U.S. District Court for the Southern District of West Virginia at Charleston case number: 2:13-cv-4178