Wrongful Death Lawsuits After a Fatal Truck Accident: Who Can File?
Truck accidents are among the most deadly collisions on the road, often resulting in catastrophic injuries or fatalities. When a loved one dies due to a truck accident, surviving family members may be able to pursue a wrongful death lawsuit against the responsible parties. This legal action can help them seek justice and financial compensation for their devastating loss.
However, wrongful death lawsuits are complex, and not everyone can file a claim. Understanding who is eligible to file, who can be held responsible, and what damages can be recovered is crucial for families seeking justice.
In this article, we’ll cover:
- What a wrongful death lawsuit is
- Who can file a claim
- Who may be held liable
- What damages can be recovered
- How to navigate the legal process
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal action filed when a person dies due to the negligence, recklessness, or intentional misconduct of another party.
In the case of a fatal truck accident, a wrongful death claim may arise if the crash was caused by:
- A negligent truck driver (e.g., distracted, fatigued, or impaired driving)
- A trucking company’s failure to follow safety regulations
- A defective truck or faulty vehicle components
- Poor road conditions or improper maintenance
The purpose of a wrongful death lawsuit is to provide financial compensation to surviving family members for their losses, suffering, and future hardships caused by the death.
Who Can File a Wrongful Death Lawsuit After a Truck Accident?
Each state has specific laws governing who is eligible to file a wrongful death claim. However, in most cases, the following individuals can pursue legal action:
1. Immediate Family Members
- Spouse – A surviving husband or wife is usually the primary party eligible to file a claim.
- Children – Biological and legally adopted children can typically pursue compensation for losing a parent.
2. Parents of the Deceased
- If the victim was a minor or unmarried adult, parents may have the legal right to file a wrongful death claim.
3. Personal Representative of the Estate
- In some states, a wrongful death lawsuit must be filed by the executor or administrator of the deceased person’s estate.
- If the lawsuit succeeds, compensation is distributed to eligible family members according to state law.
4. Other Relatives (Varies by State)
- Some states allow extended family members—such as siblings, grandparents, or financial dependents—to file a wrongful death claim if there are no immediate family members.
If you’re unsure whether you can file a wrongful death claim, consulting an experienced wrongful death attorney can help clarify your legal rights.
Who Can Be Held Liable in a Fatal Truck Accident?
Unlike standard car accidents, multiple parties may be responsible for a truck accident. Identifying who is liable is critical for a successful wrongful death lawsuit.
1. The Truck Driver
If the truck driver’s negligence caused the accident, they can be held personally liable. Common driver-related causes include:
- Speeding or reckless driving
- Driving under the influence (DUI)
- Distracted driving (texting, eating, or using a phone)
- Fatigue from violating hours-of-service (HOS) regulations
2. The Trucking Company
A trucking company may be liable if they:
- Failed to train or supervise drivers properly
- Encouraged drivers to violate safety regulations
- Hired drivers with poor records or insufficient experience
- Neglected truck maintenance and inspections
3. The Truck Manufacturer or Maintenance Provider
- If a truck accident was caused by a mechanical failure, brake failure, or tire blowout, the manufacturer or maintenance company may be responsible.
4. Cargo Loaders and Shippers
- Improperly loaded or overloaded cargo can cause truck rollovers or loss of vehicle control. If negligent loading contributed to the crash, cargo loaders could be liable.
5. Government Entities or Contractors
- Poorly maintained roads, missing signs, or dangerous highway conditions can contribute to fatal truck accidents. In such cases, the city, county, or state responsible for road maintenance may be held accountable.
Damages That Can Be Recovered in a Wrongful Death Claim
A wrongful death lawsuit seeks compensation for both economic and non-economic losses suffered by surviving family members.
1. Economic Damages
- Medical expenses (hospital bills if the victim received treatment before passing)
- Funeral and burial costs
- Loss of income and financial support the deceased would have provided
- Loss of benefits, such as health insurance or retirement contributions
2. Non-Economic Damages
- Pain and suffering of surviving family members
- Loss of companionship, guidance, and emotional support
- Loss of parental care for children
3. Punitive Damages (in Some Cases)
- If the truck accident was caused by gross negligence or reckless conduct, the court may award punitive damages to punish the wrongdoer and deter future misconduct.
How to File a Wrongful Death Lawsuit After a Truck Accident
Step 1: Consult a Wrongful Death Attorney
- A truck accident lawyer in Green Bay can investigate the case, gather evidence, and determine liability.
- They will navigate complex trucking laws and negotiate with insurance companies.
Step 2: Preserve Evidence
- Collect police reports, medical records, and witness statements.
- Request black box data from the truck (which records speed, braking, and driving behaviors).
- Obtain truck maintenance logs and driver employment records.
Step 3: File the Lawsuit Within the Statute of Limitations
- Each state has a time limit (statute of limitations) for filing wrongful death claims, usually 2-3 years from the date of death.
- Filing after the deadline may result in your case being dismissed.
Step 4: Negotiate a Settlement or Go to Trial
- Many wrongful death claims are settled out of court through negotiations with insurance companies.
- If a fair settlement is not offered, the case may go to trial, where a judge or jury will determine liability and compensation.
Losing a loved one in a truck accident is devastating, but a wrongful death lawsuit can help families seek justice and financial security. If your family member died due to a truck driver’s negligence, a trucking company’s misconduct, or vehicle defects, you may be entitled to compensation for your loss.
Because truck accident wrongful death cases are highly complex, consulting an experienced attorney is crucial to ensuring that your legal rights are protected and that you receive the full compensation you deserve.
If you’ve lost a loved one in a truck accident, don’t wait—contact a wrongful death lawyer today for a free consultation.
