Stephens Law Firm | October 29, 2025 | Wrongful Death
Trucking companies try to minimize wrongful death claims by immediately deploying rapid-response teams to control the accident scene, shifting blame to the victim, and offering quick, lowball settlements to grieving families before they understand their legal rights.
These tactics are designed to protect their bottom line, not to provide fair compensation to those who have lost a loved one.
Insights from a lawyer who handles truck accident wrongful death claims can expose these strategies and help families seek the accountability they deserve under the law.
Losing a family member in a fatal truck accident is a devastating experience, and the actions of the trucking company and its insurer in the days that follow can make it even more difficult.
Understanding their common minimization tactics is the first step toward protecting your family’s rights.
Stephens Law truck accident attorneys in Fort Worth and Weatherford can help clarify your legal rights and options during a free case evaluation.
Call (817) 420-7000 or message our Texas personal injury law firm online to learn how we can help.
Key Takeaways About Wrongful Death Claims and Trucking Company Tactics To Avoid Paying Surviving Family Members
- Immediate Investigation is the Truck Company’s Priority. Trucking companies often have investigators at the crash scene within hours to gather evidence that favors them, while families are still processing their loss. Securing your own legal representation is vital to level the playing field.
- Blame-Shifting is a Common Tactic. Insurers will frequently attempt to pin partial or full blame on the deceased driver to reduce their liability under Texas’s proportionate responsibility rules.
- The Texas Wrongful Death Act Defines Your Rights. Under Texas Civil Practice and Remedies Code Chapter 71, specific surviving family members, including the spouse, children, and parents, can file a claim. A lawyer can help navigate the complexities of who is eligible to file a claim.
- Compensation is About More Than Lost Income. A claim can seek damages for loss of companionship and support, mental anguish, and lost inheritance, in addition to the deceased’s lost earning potential. These non-economic losses are often what trucking companies try hardest to downplay.
- The Statute of Limitations is Strict. Families generally have two years from the date of their loved one’s death to file a Texas wrongful death lawsuit, as dictated by the Texas wrongful death lawsuit statute of limitations. Missing this deadline can permanently bar your right to seek compensation.
- Quick Settlement Offers Are a Red Flag. An early offer from an insurance company is almost always an attempt to settle a claim for far less than its true value. Accepting it means forfeiting your right to pursue further compensation.
The Trucking Company’s Playbook: Common Minimization Tactics in Fatal Texas Truck Crashes
After a fatal truck collision, the trucking company and its insurance provider move swiftly to minimize the compensation they pay to surviving family members.
Their goal is to control the narrative and limit their financial exposure from the very beginning.
These denial and minimization tactics by trucking companies are calculated and effective if a family is unprepared. Common strategies include:
- Deploying rapid-response teams: Trucking companies have teams on standby to head to an accident scene all with the goal of building a defense to minimize payouts.
- Shifting blame to the victim: The simplest way to avoid paying a claim is to argue that the deceased was at fault. The insurer might claim your loved one was speeding, distracted, or made an improper lane change. Even if they can only assign partial fault, it can significantly reduce compensation.
- Offering a quick, insufficient settlement: An adjuster may contact a grieving family within days of the accident, offering a quick check that may not cover the full extent of losses. By accepting, you may sign away your rights to pursue maximum compensation.
- Disputing the value of the loss: Insurers often try to devalue a claim by minimizing the financial and emotional impact of the loss. They might argue that the deceased’s future income potential was limited or downplay the depth of the family’s emotional anguish.
- Concealing evidence: Trucking companies may attempt to hide or even destroy evidence of negligence, such as driver logs that reveal hours-of-service violations, poor maintenance records, or a history of safety violations by the truck company.
Legal professionals at Stephens Law can help you recognize and push back against these tactics, protecting surviving family members from being taken advantage of during an incredibly vulnerable time.
Who Can File a Wrongful Death Claim in Texas?
The Texas Wrongful Death Act is very specific about who has the legal right to file a lawsuit after a loved one is killed due to negligence. Not every family member is eligible.
Under Texas law, the right to file a wrongful death claim belongs to the deceased’s:
- Surviving spouse
- Children (including adult and adopted children)
- Parents
These family members can file a claim individually or together as a group. If none of these eligible individuals file a claim within three months of the death, the executor or administrator of the deceased’s estate can file the claim instead, unless specifically asked not to by the family.
Notably, siblings and other extended family members do not have the right to file a wrongful death claim in Texas. Understanding these legal rights is crucial, as a lawyer can help ensure the correct parties are pursuing the claim in accordance with state law.
What Compensation Can Be Recovered in a Wrongful Death Claim After a Fatal Trucking Accident in Texas?
A wrongful death lawsuit seeks to recover damages for the losses suffered by the surviving family members.
The goal is to provide financial stability and acknowledge the profound personal loss they have experienced.
Trucking companies and their insurers will fight to minimize every category of these damages.
Wrongful death claim attorneys fight to help surviving family members recover compensation such as:
- Loss of earning capacity: The income the deceased would have been reasonably expected to earn and contribute to the family over their lifetime.
- Loss of companionship and society: Compensation for the loss of the unique love, comfort, and companionship the deceased provided. This is often referred to as emotional anguish damages after a fatal truck accident.
- Mental anguish: For the emotional pain and grief suffered by the surviving family members.
- Loss of inheritance: The value of the assets the deceased would have likely accumulated and left to the family had they lived a full life.
- Loss of household services: The monetary value of the services the deceased provided, such as childcare, home maintenance, and financial management.
In cases of extreme negligence, a family may also be able to pursue punitive damages for gross negligence in a truck crash. These are intended to punish the defendant and deter similar conduct in the future.
Pursuing and recovering these damages isn’t always as easy or straightforward as it would seem on paper. Partnering with experienced truck accident lawyers in Texas can help position your claim for a favorable outcome, supporting the financial health of surviving family members.
Uncovering the Truth: The Importance of a Survival Action Claim
In addition to a wrongful death claim, Texas law allows for a separate but related claim known as a survival action.
While a wrongful death claim compensates the family for their own losses, a survival action allows the deceased’s estate to recover damages for the suffering the deceased person themselves endured before they passed away.
Survival action claims in Texas may allow eligible family members to recover:
- Medical costs before death: The cost of emergency services, hospitalization, surgeries, medications, and any other medical care the deceased received between the accident and their passing.
- Conscious pain and suffering: The physical pain, emotional distress, and mental anguish the deceased experienced before their death.
- Lost wages and income: Compensation for the income the deceased would have earned during the time between the accident and their passing.
- Loss of enjoyment of life: Damages for the loss of the ability to engage in activities, hobbies, or relationships that brought joy and fulfillment to the deceased.
Because these damages are paid to the estate, they may be subject to the deceased’s creditors.
However, under Texas law, wrongful death damages are exempt from debt collection, meaning that money typically goes directly to the family.
A lawyer can help navigate the complexities of both claim types to maximize the family’s recovery.
Holding All Negligent Parties Accountable After a Fatal Truck Crash in Texas
Just as in non-fatal truck accidents, fatal truck collision liability often extends beyond just the driver.
A thorough investigation frequently reveals a chain of negligence involving multiple liable parties, all of whom should be held accountable.
These parties may include:
- The trucking company: For negligent hiring, inadequate training, or encouraging drivers to violate Federal Motor Carrier Safety Administration (FMCSA) regulations.
- The truck driver: For direct acts of negligence like speeding, distracted driving, or driving under the influence.
- The freight loading company: If improperly secured cargo shifted and caused the crash, the freight loading company may share liability in the fatal accident.
- A maintenance contractor: If a mechanical failure due to poor maintenance, such as a brake failure or tire blowout, led to the accident, the maintenance contractor holds accident responsibility.
- The truck or parts manufacturer: If a defective part was a contributing factor.
A wrongful death lawyer can manage the complex investigation into truck company safety violations and coordinate with accident reconstructionists and other professionals to build a case that identifies every party whose negligence contributed to your family’s loss.
How To Fight Trucking Companies Trying to Minimize Wrongful Death Compensation FAQs
What should I do if a trucking company offers a quick settlement after a wrongful death?
Quick settlement offers are often designed to minimize the amount paid to grieving families. Accepting such an offer may prevent you from pursuing the full compensation you deserve. A lawyer can review the offer, assess the true value of your claim, and negotiate on your behalf to ensure your family’s rights are protected.
How can a lawyer help prove negligence in a wrongful death claim against a trucking company?
Proving negligence often requires uncovering evidence such as driver logs, maintenance records, and safety violations. A lawyer can work with investigators and experts to build a strong case, demonstrating how the trucking company’s actions or inactions contributed to the fatal accident.
Can I hold multiple parties accountable in a wrongful death claim?
Liability in wrongful death claims involving truck accidents often extends beyond the driver to include the trucking company, maintenance contractors, cargo loaders, and even manufacturers of defective parts. A lawyer can identify all responsible parties and ensure they are held accountable for their role in the tragedy.
What if the trucking company tries to blame my loved one for the accident?
Trucking companies often use blame-shifting tactics to reduce their liability. A lawyer can counter these claims by gathering evidence, such as accident reconstruction reports and witness statements, to demonstrate the true cause of the crash and protect your family’s right to compensation.
How does a lawyer ensure fair compensation for non-economic damages like emotional anguish?
Non-economic damages, such as emotional anguish and loss of companionship, are often undervalued by insurance companies. A lawyer can present compelling evidence, including expert testimony, to illustrate the profound impact of your loss and fight for compensation that reflects the full extent of your family’s suffering.
Don’t Let Trucking Companies Minimize Your Loss. Contact Stephens Law for Comprehensive Legal Support After a Fatal Texas Trucking Accident
The loss of a loved one in a truck accident is a profound tragedy, and no family should have to face the added burden of fighting against trucking companies and their insurers alone.
These companies often use aggressive tactics to undervalue claims, but you don’t have to accept their version of events or their attempts to dictate the worth of your loved one’s life.
At Stephens Law, we are committed to helping families seek justice and accountability. Our team will work tirelessly to uncover the truth, hold all responsible parties accountable, and fight for the compensation your family deserves.
Let us handle the legal complexities so you can focus on healing and honoring your loved one’s memory. Contact Stephens Law at (817) 420-7000 or message our Texas personal injury law firm online to schedule a free, no-obligation consultation.
Together, we can work toward a resolution that provides the support and stability your family needs.
