You got the phone call no one should ever get. In a matter of seconds, your life changed. Shock, grief, and disbelief took over as you learned that your loved one was killed in a Texas truck crash.
As you mourn, you are left with difficult questions: Why did this happen? Who’s responsible? And should I do now?
A wrongful death attorney in Dallas can help families begin answering those questions. If your loved one’s death was caused by a negligent truck driver or a reckless trucking company, you may be able to pursue a lawsuit that can help you recover fair compensation, hold the trucker or trucking company accountable, and honor the life of your loved one.
Who Can File a Wrongful Death Claim After a Fatal Truck Crash in Texas?
In Texas, the law limits who has the legal right to file a wrongful death claim. Generally, the following family members may bring a lawsuit:
- Spouse of the deceased. Whether legally married or common law, surviving spouses have priority to file a wrongful death claim.
- Children of the deceased. Biological and legally adopted children may file a claim if the deceased was not married at the time of death or the surviving spouse is unable to file a claim.
- Parents of the deceased. Both biological and adoptive parents are eligible to file if no spouse or children step forward.
If no family member files within three months, the executor of the estate can pursue a wrongful death or survival claim on behalf of the estate.
What Damages Can Families Recover in a Wrongful Death Lawsuit?
Every wrongful death claim is unique, and your Dallas wrongful death lawyer will advise you of your rights and potential compensation. A potential settlement or court verdict may include compensation for things such as:
- Loss of companionship and support. While no amount of money can ever fully compensate for the loss of companionship and support, the law does the best it can by attaching a monetary value to these invaluable losses.
- Loss of income or benefits. You may receive compensation for the future earnings and benefits the deceased would have provided.
- Mental anguish. Grief, suffering, and trauma experienced by surviving family members are often significant and may be compensated.
- Funeral and burial costs. Reasonable expenses related to laying a loved one to rest should be part of a fair recovery.
In some cases, you may also be able to pursue a survival action that allows you to recover for your loved one’s medical bills incurred before death, pain and suffering endured between the accident and death, and property damages or other economic losses suffered in the crash.
How to Overcome Challenges to Prove Liability After a Fatal Truck Crash
In a personal injury case, the focus is on proving negligence and damages to the injured person. In wrongful death cases involving trucks, the stakes are higher, and so is the resistance from insurance carriers and trucking companies.
Some key challenges include:
- Corporate defendants. Trucking companies often carry substantial insurance policies and have legal teams prepared to defend against claims.
- Multiple liable parties. Beyond the truck driver, liability could extend to the trucking company, a cargo loader, or even a parts manufacturer.
- Federal regulations. These cases often involve violations of trucking safety standards (like hours-of-service rules or maintenance logs).
- Black box data and accident reconstruction. Specialized evidence may be required to show what happened and who’s responsible.
A Dallas wrongful death lawyer can help by:
- Launching a prompt investigation. Evidence can disappear quickly after a truck crash. Your attorney will gather black box data, camera footage, and witness testimony to support your case.
- Filing the right claims at the right time. Survival and wrongful death claims have different rules and deadlines.
- Negotiating with powerful insurers. Trucking companies aren’t quick to admit fault. Legal representation levels the playing field.
If a fair settlement isn’t offered, your lawyer can present a compelling case in court.
What to Do if Your Loved One Died in a Texas Truck Accident
You don’t have to have every answer before reaching out for help. If you’ve lost a loved one in a fatal truck crash, consider these first steps:
- Write down what you know. Your notes may include dates, names, witnesses, and the names of the police departments involved.
- Preserve any evidence. This includes crash reports, photos, or communications from the trucking company.
- Contact a wrongful death attorney in Dallas. Then, you won’t have to worry about making a mistake, and you can be confident that your rights are protected.
Grief doesn't follow a timeline, but the law does. If you're mourning a loved one killed in a truck crash, you deserve answers, accountability, and a path forward.