Ms James, in a civil suit, has filed a personal injury action, naming the council as a defendant.
Sean McGrotty, 49, died alongside his sons Mark, 12, and Evan, 8, his mother-in-law Ruth Daniels, 59, and Ruth’s daughter Jodie Lee Daniels, 14, when his vehicle slid on “treacherous” algae and slipped into the sea in Buncrana.
The couple’s baby, Rioghnach-Ann, was the sole survivor of the tragedy when she was rescued by passer-by Davitt Walsh.
Last week an inquest heard that the five people died by “misadventure”.
A jury heard that Mr McGrotty’s blood-alcohol level was more than three times the drink-drive limit.
According to court records, Ms James filed her suit last June, but it was postponed until the result of the inquest had been finalised.
In a statement read out on behalf of Ms James at the inquest, she described Mr McGrotty as a “wonderful partner” and an “adoring father”.