The wife of a man who was killed while driving on the Alaska Highway after a metal device flew off a passing tractor trailer is suing the unknown driver and the employer involved.

Ken Baker, a prominent member of the Carcross-Tagish First Nation, was killed on June 4, when a winch boomer went through his windshield.

The 58-year-old was one of the Tagish Nation Dancers.

According to the Teslin RCMP, while many suspects were identified during the investigation, they were unable to conclude who was responsible.

Now Baker’s wife, Emily Bear, has launched a suit in the Yukon Supreme Court against the unknown truck driver and the corporation that owns the tractor trailer.

The suit alleges Baker’s death was caused by the negligence of the defendants and claims general and special damages.

The allegations against the driver include that he or she:

• failed to keep a proper lookout;

• did not drive with due care and attention;

• failed to take reasonable steps to avoid an accident; and

• failed to secure the winch boomer in a proper fashion.

Alternatively, the suit claims the corporation was negligent for permitting the driver to operate the tractor trailer, and possibly knowing that an accident was impending.

This is the second suit that has been filed in relation to the fatal accident.

Arthur Joe, 65, launched a suit this fall that contains many of the same allegations and also claims general and special damages.

Joe was a passenger in Baker’s vehicle at the time of the incident and suffered non-life-threatening injuries.

Those included a head injury with resulting traumatic brain injury, musculoskeletal injuries, abrasions, lacerations and contusions as well as emotional and psychological injuries.

The allegations in both suits have yet to be heard in court.

While the identity of the company and driver must be listed in order for the claims to move forward, there are a number of reasons why someone might commence a civil claim against an unknown defendant.

These include filing a claim before the statute of limitations expires.

And it can be a means of getting access to information like evidence from a police investigation.

This is significant as the standard of proof in civil cases is based on a balance of probabilities rather than beyond a reasonable doubt like in criminal cases.