Stephens Law Firm | October 29, 2025 | Wrongful Death

When trucking company negligence leads to wrongful death, calling a lawyer is a critical step because these cases involve complex federal regulations and powerful corporate opponents that a grieving family should not have to face alone.

Legal insights from a wrongful death attorney can clarify the path forward. Their involvement helps hold the responsible parties accountable and pursue financial stability for the family left behind.

The legal process following a fatal truck accident is intricate, involving state and federal laws that govern the trucking industry. 

A lawyer can analyze crash details, identify breaches of safety regulations, and build a case to demonstrate how a trucking company’s carelessness contributed to the tragic loss of life.

Exploring your legal options after losing a loved one in a trucking accident is about seeking justice and securing the resources needed to move forward. 

Schedule a free case evaluation with Stephens Law online or at (817) 420-7000 to explore your rights and legal options.

  • Trucking Companies Have a High Duty of Care: Commercial carriers are subject to strict regulations from the Federal Motor Carrier Safety Administration (FMCSA). Proving a breach of these rules is often central to establishing negligence in a fatal truck accident lawsuit.
  • Multiple Parties May Be Responsible: Beyond the truck driver, liability can extend to the trucking company for issues like negligent hiring, improper truck maintenance, or encouraging drivers to violate hours-of-service rules. Identifying all responsible parties in a fatal truck accident is key to a claim.
  • Evidence Disappears Quickly: Crucial evidence, such as the truck’s black box data and driver logs, can be lost or legally destroyed shortly after a crash. An immediate investigation of the fatal crash, often initiated by a lawyer, is crucial for preserving evidence.
  • The Texas Wrongful Death Act Governs Claims: Under Texas Civil Practice and Remedies Code Section 71, specific family members have the right to file a wrongful death claim. A lawyer helps families navigate the requirements of this statute to seek damages for their losses.
  • Claims Involve Multiple Legal Actions: A case may involve both a wrongful death claim for the family’s losses and a survival action for the pain and suffering the deceased experienced before their passing. These distinct legal actions seek different types of damages.
  • Compensation Addresses More Than Funeral Costs: Damages in trucking fatality claims can cover loss of financial support after the fatal crash, loss of consortium, and the emotional pain and suffering of the family. In some cases of gross negligence, punitive damages may also be pursued.

What Is Considered Trucking Company Negligence?

When a commercial truck is involved in a fatal accident, the focus often falls on the driver. 

Average Settlement Value of a Truck Accident Injury Case in Fort Worth, TX

However, the trucking company itself has a significant legal responsibility to public safety. 

Trucking company negligence occurs when the carrier fails to follow established safety protocols or federal regulations, and this failure contributes to a deadly crash.

Unlike a typical car accident, a crash involving a commercial truck brings a host of complex rules into play. The FMCSA sets strict standards for everything from vehicle maintenance and driver qualifications to how many hours a driver can be on the road.

A breach of these safety regulations can serve as powerful evidence that the company acted negligently. 

The core of these claims is demonstrating that the trucking company knew, or should have known, about a safety risk and did nothing to fix it.

Common Examples of Trucking Company Negligence

Identifying negligence requires a deep dive into a company’s operational practices. A truck accident lawyer investigating these claims will often look for patterns of carelessness that put profits ahead of people:

  • Negligent hiring and training: Trucking companies are required to vet their drivers thoroughly. Hiring a driver with a history of reckless driving or substance abuse can be considered negligent if that driver later causes a fatal accident.
  • Improper truck maintenance: When a company cuts corners on repairs, it can lead to catastrophic failures of brakes, tires, or steering systems. A claim for improper truck maintenance holds the company accountable for these failures.
  • Encouraging hours-of-service violations: Federal rules limit how long a driver can be on the road to prevent truck driver fatigue, a leading cause of accidents. Some companies pressure drivers to exceed these limits to meet tight delivery schedules. This practice directly endangers everyone on the road.
  • Overloading or improperly securing cargo: An improperly loaded truck can be unstable and difficult to control, and shifting cargo can cause a driver to lose control. The company is responsible for making sure all cargo is loaded correctly and within legal weight limits.

A thorough analysis of the evidence often uncovers systemic issues within a trucking company that create a dangerous environment on our roads.

The Importance of Preserving Evidence in a Fatal Truck Crash

After a fatal truck accident, evidence can vanish quickly. 

Trucking companies and their insurance carriers often dispatch their own investigators to the scene immediately to control the narrative and protect their interests. 

That is why the immediate investigation of a fatal crash on behalf of the victim’s family is so critical.

Key pieces of evidence that need preservation include:

  • The truck’s black box: Known as an Electronic Logging Device (ELD) or Event Data Recorder (EDR), this device records critical information about the truck’s speed, braking, and hours of service. This is often the most direct evidence of what happened in the moments before the crash.
  • Driver qualification file: This file contains the driver’s employment history, driving record, training certificates, and drug test results. It can provide clear evidence of negligent hiring.
  • Maintenance and inspection records: These logs show whether the trucking company was performing required maintenance on the vehicle involved in the crash. Gaps or inconsistencies in these records can be a strong indicator of negligence.
  • Witness statements and scene evidence: Physical evidence at the scene, like tire marks and vehicle debris, disappears quickly. Speaking to witnesses before their memories fade is also essential.

A lawyer can send a spoliation letter to the trucking company, which is a formal legal notice demanding that they preserve all relevant evidence for a potential lawsuit arising from a fatal truck accident.

Understanding Damages in Trucking Fatality Claims

When a family files a wrongful death claim, they are seeking financial compensation for the profound losses they have suffered.

While no amount of money can bring a loved one back, a settlement for a fatal truck crash can provide crucial financial stability and a sense of accountability.

In Texas, damages are typically divided into several categories:

  • Economic damages: This covers the tangible financial losses resulting from the death. It includes the loss of financial support the deceased would have provided, lost inheritance, and the costs of funeral and burial services.
  • Non-economic damages: These damages compensate the family for the intangible, emotional losses. This includes loss of consortium (the loss of love, companionship, and support), mental anguish, and the pain and suffering of losing a family member.
  • Punitive damages: In cases where the trucking company’s conduct was found to be grossly negligent or malicious, a court may award punitive damages. These are not meant to compensate the family but to punish the company and deter similar behavior in the future.

In addition to the wrongful death claim, a survival action may be filed by the deceased’s estate to recover for the pain and suffering the individual experienced before their death. A lawyer can help determine which legal options are available and build a case that fully reflects the family’s losses.

How a Lawyer Can Help with Your Claim

Handling trucking company negligence wrongful death claims requires a deep understanding of both state law and federal trucking regulations. An attorney acts as your advocate, managing the legal burdens so your family can focus on healing.

What You Need to Prove a Texas Wrongful Death Claim

A lawyer will investigate the crash, gather and preserve critical evidence, and hire professionals like accident reconstructionists to build a strong case. 

They will also handle all communications with the trucking company and its insurance carrier, which often have high commercial truck insurance policy limits and aggressive legal teams.

An attorney skilled in these cases knows how to counter the tactics insurers use to deny or devalue claims and will fight for a resolution that provides for your family’s future.

Wrongful Death Caused By Trucking Company Negligence FAQs

What should our family do first after losing someone in a truck accident?

The most important first step is to focus on your family’s well-being. Once you are able, it is wise to contact a wrongful death lawyer. They can immediately begin the process of evidence preservation and protect your family from aggressive insurance adjusters, giving you the space you need to grieve.

The trucking company’s insurer has already called me. What should I say?

It is best to avoid speaking with the trucking company’s insurance representatives. You are not required to provide them with a recorded statement. Politely decline to speak and direct them to your attorney. An experienced lawyer will handle all communications to protect your rights.

How do you prove a trucking company was negligent?

Proving negligence involves a detailed investigation to show that the company violated a safety duty and that this violation caused the fatal accident. A lawyer accomplishes this by analyzing driver logs, maintenance records, the truck’s black box data, and company hiring practices to uncover evidence of a breach of safety regulations.

Can a family still file a claim if the police report blames our loved one?

Police reports are not always the final word on liability. They can contain errors or be based on incomplete information. A lawyer can conduct an independent investigation to uncover the true cause of the crash and challenge the findings in the official report.

How long does it take to resolve a fatal truck accident lawsuit?

The timeline varies depending on the case’s complexity and the willingness of the trucking company to negotiate a fair settlement. Some cases resolve quickly, while others may take longer. Your attorney will guide you through each stage and work to resolve the case as efficiently as possible.

What if the truck driver was an independent contractor?

The company may still be held responsible if it exerted significant control over the driver’s work or was negligent in hiring them. An attorney can investigate the relationship between the driver and the company to determine liability.

The loss of a family member in a preventable truck accident is a heavy burden to carry. Pursuing legal action is not just about financial recovery; it is about holding a negligent company accountable and working to make sure no other family has to endure a similar tragedy.

Are you ready to explore the next steps in seeking justice for your family? The team at Stephens Law is here to listen to your story and provide the guidance you need. Schedule a free case evaluation with our Texas truck accident injury law firm online or by calling (817) 420-7000.