Introduction
Losing a loved one in an accident involving an 18-wheeler is a tragic and life-altering event. Due to the sheer size and weight of commercial trucks, collisions often result in catastrophic injuries or fatalities. If your family member was killed in a trucking accident caused by negligence, you may have the right to pursue a wrongful death claim in Texas.
This blog post explores the legal approach to wrongful death cases involving 18-wheelers, including:
- What constitutes a wrongful death claim in Texas?
- Who can file a wrongful death lawsuit?
- Common causes of 18-wheeler accidents
- Liability in trucking accidents
- Damages available in wrongful death claims
- Steps to take after a fatal truck accident
By understanding your legal rights, you can seek justice and financial compensation for your family’s devastating loss.
What Is a Wrongful Death Claim in Texas?
A wrongful death claim is a civil lawsuit filed when someone dies due to the negligence, recklessness, or intentional actions of another party. In Texas, wrongful death claims are governed by the Texas Wrongful Death Act (Texas Civil Practice & Remedies Code § 71.001).
Key Elements of a Wrongful Death Claim
To succeed in a wrongful death lawsuit, the plaintiff (the surviving family member) must prove:
- The death was caused by the defendant’s negligence or wrongful act.
- The surviving family members are suffering financial or emotional damages as a result.
- The deceased would have been eligible to file a personal injury claim had they survived.
Who Can File a Wrongful Death Lawsuit in Texas?
Under Texas law, only certain family members can file a wrongful death claim, including:
- Spouse
- Children (biological or adopted)
- Parents (if the deceased had no spouse or children)
If none of these parties file a claim within three months of the death, the deceased’s estate executor or personal representative may file on behalf of the family.
Common Causes of 18-Wheeler Accidents Leading to Wrongful Death
Truck accidents often occur due to negligence by the truck driver, trucking company, or other parties. Common causes include:
1. Driver Fatigue
Federal regulations limit truck drivers to 11 hours of driving within a 14-hour shift, followed by a 10-hour rest period. Violating these Hours of Service (HOS) rules can lead to fatigue-related crashes.
2. Distracted or Reckless Driving
Texting, speeding, or aggressive driving increases the risk of deadly accidents.
3. Improper Maintenance
Trucking companies must ensure their vehicles are in safe operating condition. Brake failures, tire blowouts, or faulty equipment can cause fatal crashes.
4. Overloaded or Unsecured Cargo
Exceeding weight limits or improperly securing cargo can lead to rollovers or jackknife accidents.
5. Drug or Alcohol Use
Driving under the influence is a leading cause of fatal truck accidents.
Who Can Be Held Liable in an 18-Wheeler Wrongful Death Case?
Multiple parties may share liability in a fatal truck accident, including:
- The Truck Driver – If they were speeding, fatigued, or violated traffic laws.
- The Trucking Company – If they pressured drivers to exceed legal driving limits or failed to maintain trucks properly.
- Cargo Loaders – If improper loading caused the accident.
- Manufacturers – If defective truck parts (brakes, tires, etc.) contributed to the crash.
- Government Entities – If poor road design or maintenance played a role.
Texas follows modified comparative negligence rules, meaning the deceased’s own negligence (if any) can reduce compensation. However, if they were more than 50% at fault, recovery may be barred.
Damages Available in a Wrongful Death Lawsuit
Families may recover both economic and non-economic damages, such as:
✅ Funeral and burial expenses
✅ Medical bills prior to death
✅ Lost wages and future earnings
✅ Loss of companionship, love, and emotional support
✅ Pain and suffering of the deceased before death
In rare cases involving gross negligence or intentional harm, punitive damages may also be awarded.
Steps to Take After a Fatal 18-Wheeler Accident
- Seek Legal Help Immediately – A wrongful death attorney can investigate and preserve evidence.
- Obtain the Police Report – This documents the accident details.
- Gather Evidence – Photos, witness statements, and trucking logs (ELD data) are crucial.
- Identify All Liable Parties – An attorney can determine who should be sued.
- File Before the Deadline – Texas has a two-year statute of limitations for wrongful death claims.
Why You Need a Wrongful Death Attorney
Trucking companies and insurers often fight aggressively to minimize payouts. An experienced attorney can:
- Handle negotiations with insurers
- Consult accident reconstruction experts
- Prove negligence through driver logs, GPS data, and maintenance records
- Maximize your compensation
Conclusion
Losing a loved one in an 18-wheeler accident is heartbreaking, but Texas law allows families to seek justice through a wrongful death lawsuit. If negligence played a role, you may be entitled to compensation for medical bills, lost income, and emotional suffering.
If you believe your family has a wrongful death claim, consult a Texas truck accident attorney immediately to protect your rights.
Did you lose a loved one in a truck accident? Contact us today for a free case evaluation.
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