Wrongful Death Lawsuit After a Truck Accident

Q: Does the trucking company's insurer have to pay the wrongful death settlement?

Yes, if a settlement is agreed or a verdict entered, the insurer is obligated to pay up to the policy limits. Excess and umbrella policies may provide additional coverage.

Q: How do I start a wrongful death lawsuit after a truck accident?

Contact a wrongful death attorney as soon as possible. A free case review with Cross & York costs nothing and carries no obligation.

A wrongful death lawsuit is one of the most consequential legal actions a family can take. When someone is killed in a truck accident caused by a driver's negligence or a trucking company's failure to follow federal safety rules, the surviving family has the right to pursue a wrongful death lawsuit for the financial and personal losses that follow. Here is what to expect from the process.

What is a wrongful death lawsuit in the context of a truck accident?

A wrongful death lawsuit is a civil claim, separate from any criminal case, in which the deceased's family sues the parties responsible for the death.

In a truck accident context, the defendants typically include the truck driver and the trucking company. They may also include the cargo loader if an improperly secured load contributed to the crash, and the vehicle manufacturer if a brake or component defect played a role. Each defendant may carry separate insurance coverage, and each can be pursued simultaneously.

The standard of proof in a civil wrongful death lawsuit is lower than in a criminal case. You do not need to prove guilt beyond a reasonable doubt. You need to show that the defendant's negligence was more likely than not the cause of the death.

What are the chances of winning a wrongful death lawsuit?

The chances of winning a wrongful death lawsuit after a truck accident are significantly improved when there is clear documentary evidence of negligence.

The strongest wrongful death cases involve documented FMCSA violations: an hours-of-service breach recorded in ELD data, a maintenance failure documented in service records, or a drug or alcohol test failure. These violations do not just support your case. They establish that the driver or company broke a federal rule that existed specifically to prevent this type of crash.

Cases where liability is disputed take longer and carry more uncertainty. Factors that strengthen the chance of a successful outcome include: clear fault evidence, an experienced attorney who acts quickly to preserve ELD and surveillance data, multiple liable defendants, and a carrier with substantial insurance coverage.

Most truck accident wrongful death lawsuits settle before trial. An attorney who is prepared to litigate achieves better settlements than one who is not, because the insurer knows the alternative is a jury verdict.

What does a wrongful death lawsuit payout look like?

A wrongful death lawsuit payout covers the economic and non-economic losses suffered by the surviving family as a result of the death.

Economic components include: the deceased's projected lifetime earnings and lost earning capacity, lost employer benefits and pension contributions, medical expenses from the accident to the time of death, and funeral and burial costs.

Non-economic components include: loss of companionship, comfort, and emotional support for a surviving spouse; loss of parental guidance for surviving children; and grief and mental anguish.

Punitive damages may apply in cases involving egregious conduct, such as a truck driver who falsified their logs to conceal hours-of-service violations, or a carrier that knowingly continued to operate vehicles with documented safety defects. Punitive damages are not available in every case, but where the evidence supports them, they can significantly increase the total payout.

Payouts range widely. There is no reliable average because the variables, particularly the deceased's age, income, number of dependants, and the severity of the defendant's conduct, differ so much between cases. Any figure quoted as a typical wrongful death settlement should be treated with skepticism.

What is the statute of limitations for a wrongful death lawsuit?

The statute of limitations for a wrongful death lawsuit varies by state. Most states allow 2 to 3 years from the date of death. Some states apply different deadlines for wrongful death claims than for personal injury claims.

A few important exceptions:

If a government entity contributed to the crash (for example, a poorly maintained road), notice-of-claim requirements and shorter deadlines may apply.
If the deceased was the victim of a crime as well as a civil wrong, additional time limits may apply.
Some states toll (pause) the limitation period for minor children until they reach adulthood.

The statute of limitations is not the most urgent deadline, however. Evidence disappears far faster. The truck's ELD data can be legally overwritten within days. Surveillance footage near the crash site is typically retained for only 24 to 72 hours. A wrongful death attorney must act immediately to send a legal preservation notice to the trucking company.

How long does a wrongful death lawsuit take?

Most wrongful death truck accident cases do not go to trial. They settle through negotiation, often over the following timeline:

6 to 12 months: Clear liability, straightforward family circumstances, one or two defendants.
1 to 2 years: Disputed liability, complex family financial picture, multiple defendants.
2 or more years: Cases that proceed to trial.

The investigation phase, which includes securing ELD data, commissioning accident reconstruction, and building the liability case against all defendants, typically takes 1 to 4 months. Negotiation with the insurer or insurers follows. An attorney who files litigation and demonstrates readiness to try the case typically achieves earlier and higher settlements than one who negotiates only.

Frequently asked questions

Who files a wrongful death lawsuit?

In most states, a wrongful death lawsuit is filed by the personal representative or executor of the deceased's estate, on behalf of the surviving family members. If no estate has been opened, an attorney can help with this step. The beneficiaries of the lawsuit are typically the spouse, children, and financial dependants of the deceased.

Can a wrongful death lawsuit be filed if the driver was not charged criminally?

Yes. A civil wrongful death lawsuit is entirely independent of criminal proceedings. Criminal charges may not be filed for many reasons unrelated to civil liability. A civil case requires a lower standard of proof and can proceed even if the driver was not prosecuted.

What is the difference between a wrongful death lawsuit and a survival action?

A wrongful death lawsuit compensates the surviving family for their losses: lost support, loss of companionship, grief. A survival action is brought on behalf of the deceased's estate and compensates for what the deceased experienced before death: pain and suffering, lost earnings between the accident and the time of death. Many truck accident cases involve both claims filed together.

Does the trucking company's insurer have to pay the wrongful death settlement?

Yes, if the settlement is agreed or a verdict is entered, the insurer is obligated to pay up to the policy limits. If the total damages exceed the primary policy limit, excess and umbrella policies may provide additional coverage. An attorney identifies all applicable policies at the outset.

How do I start a wrongful death lawsuit after a truck accident?

Contact a wrongful death attorney as soon as possible. The first step is a free case review to assess the facts, identify the liable parties, and confirm the deadline in your state. Cross & York is available.