Filing a Wrongful Death Claim After a Fatal Trucking Accident in Texas

There is no way to prepare for the phone call that shatters your world. In an instant, a future you took for granted is gone, replaced by profound and disorienting grief. When a loved one is killed in a commercial truck accident, the silence they leave behind is deafening.

The questions that follow are overwhelming: How could this have happened? Why did it happen? Who is responsible? While nothing can undo the tragedy, the Texas legal system provides a path for families to seek answers, accountability, and the financial stability needed to navigate a future they never imagined they would be confronting.

Losing a family member is a deeply personal tragedy, but when it happens on a Texas highway due to the negligence of a truck driver or trucking company, it also becomes a complex legal matter. At Will Adams Law Firm, we are a Katy-based firm of seventh-generation Texans who have dedicated our careers to helping families in our community through their most difficult times. We understand that a wrongful death claim is about far more than money; it is about obtaining justice for your loved one and securing your family’s future in the face of devastating loss.

What Is a Wrongful Death Claim Under Texas Law?

A wrongful death claim is a specific type of civil lawsuit that arises when a person’s death is caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another person or company. Governed by Chapter 71 of the Texas Civil Practice and Remedies Code, this legal action serves as a vital pillar of the state’s justice system. It is important to understand that this is a civil action, separate from any criminal charges that may be filed by the state. While a criminal case focuses on punishing a defendant for breaking the law, a wrongful death claim focuses on the victims left behind.

The purpose of a wrongful death lawsuit is not to seek punishment in the form of jail time, but rather to compensate eligible surviving family members for the immense personal and financial losses they have suffered as a direct result of their loved one’s death. It provides a legal mechanism to hold the responsible parties accountable for the harm they caused, shifting the financial burden of the tragedy from the grieving family to the party at fault.

Who Is Eligible to File a Wrongful Death Lawsuit in Texas?

Texas law is very specific about who has the legal standing to file a wrongful death claim. Unlike some states that allow a broader range of relatives to sue, Texas’s restrictive statutes limit eligibility to:

The Surviving Spouse: This includes common-law spouses, provided the legal requirements for a common-law marriage in Texas were met at the time of death. Even if the couple was separated but not yet legally divorced, the spouse retains standing.
The Surviving Children: This includes adult children as well as minors. It also encompasses legally adopted children, who have the same rights as biological children under the statute. However, it typically does not include stepchildren unless they were formally adopted.
The Surviving Parents: Both biological and adoptive parents can file. This right persists regardless of whether the deceased child was a minor or an adult.

These family members can file the lawsuit individually, or they can choose to file together as a group. If none of these eligible individuals file a claim within three calendar months of the date of death, the personal representative or executor of the deceased’s estate can then file the claim on their behalf, provided that none of the eligible family members explicitly requests that the suit not be filed.

It is also important to note who is not eligible to file a wrongful death claim in Texas. This includes siblings, grandparents (unless they have legally adopted the deceased), and unmarried domestic partners. The law is strict on these relationships, which can often lead to difficult situations where close family members are legally barred from seeking justice.

The Grounds for a Claim: Negligence and Beyond

To succeed in a Texas wrongful death claim, the plaintiffs must prove that the defendant’s actions met the criteria of a “wrongful act.” This most commonly manifests as negligence—the failure to exercise the level of care that a person of ordinary prudence would have exercised under the same circumstances.

Common scenarios that lead to these claims include:

Motor Vehicle Accidents: Drunk driving, distracted driving, or commercial trucking violations.
Medical Malpractice: Surgical errors, misdiagnosis, or pharmaceutical mistakes.
Workplace Accidents: Failure to provide safety equipment or follow OSHA regulations in industrial or construction settings.
Defective Products: Manufacturing flaws or failure to warn consumers of inherent dangers.

Wrongful Death vs. Survival Actions

In Texas, a “Wrongful Death” claim is often filed alongside a “Survival Action.” While they sound similar, they cover different losses.

Wrongful Death: Compensates the family for their losses (loss of companionship, lost financial support).
Survival Action: This is essentially a personal injury claim that “survives” the death. It allows the estate to recover damages the deceased person could have recovered had they lived. This includes the deceased’s pain and suffering prior to death, medical expenses incurred before passing, and funeral costs.

Essentially, the Survival Action looks at the time between the injury and the death, whereas the Wrongful Death claim looks forward at the life the family must now lead without their loved one.

The Statute of Limitations

Timing is critical in Texas. Generally, the statute of limitations for a wrongful death claim is two years from the date of the individual’s death. Failure to file a lawsuit within this window usually results in the permanent loss of the right to sue.

There are very few exceptions to this rule. One exception is the “discovery rule,” which might apply if the cause of death was not immediately known (for example, a latent illness caused by toxic exposure). Another exception involves minor children; because a minor cannot legally file a lawsuit, the clock may be “tolled” (paused) until they reach the age of 18, though it is always advisable to act as soon as possible to preserve evidence.

The Burden of Proof

Because this is a civil matter, the burden of proof is “a preponderance of the evidence.” This is a lower standard than the “beyond a reasonable doubt” standard used in criminal courts. Plaintiffs must demonstrate that it is “more likely than not” that the defendant’s wrongful act caused the death. Even if a defendant is acquitted in criminal court, they can still be held liable in a civil wrongful death trial, as famously seen in several high-profile national cases.

Why Fatal Trucking Accidents Are So Complex

Unlike a typical car accident, a crash involving an 18-wheeler or other large commercial vehicle is exponentially more complex, both factually and legally. The sheer size and weight of these trucks mean the consequences are often catastrophic, and the corporate structures behind them are designed to deflect liability.

Multiple Potential Defendants

Liability rarely stops with the truck driver. A thorough investigation often reveals a chain of negligence involving several parties, all of whom can potentially be held responsible.

The Truck Driver: The most obvious party, whose negligence may involve fatigue, distraction, speeding, or intoxication.
The Trucking Company (Motor Carrier): The company that employs the driver can be held liable for its own negligence, such as negligent hiring (hiring a driver with a poor safety record), inadequate training, or encouraging drivers to violate safety regulations to meet deadlines. This is known as direct liability. They can also be held responsible for the driver’s actions through a legal doctrine called vicarious liability.
The Freight Owner or Shipper: The company that owned the cargo may be liable if they improperly loaded the trailer, making it unbalanced or overweight, which can directly cause an accident.
The Maintenance Company: If maintenance was outsourced, the repair shop could be liable for faulty repairs to critical systems like brakes or tires.
The Truck or Parts Manufacturer: If the accident was caused by a defective component—such as a tire blowout, brake failure, or steering system malfunction—the manufacturer could be held liable in a product liability claim.

A Maze of Federal and State Regulations

The trucking industry is governed by a dense web of safety rules, primarily from the Federal Motor Carrier Safety Administration (FMCSA). These regulations dictate everything from how many hours a driver can be on the road (Hours-of-Service rules) to cargo securement procedures, vehicle inspection requirements, and drug and alcohol testing protocols. A successful claim requires a deep understanding of these regulations to identify violations that prove negligence.

The Trucking Company’s Rapid Response Team

Large trucking companies have insurance policies worth millions of dollars and sophisticated protocols for when a major accident occurs. Their insurance carrier and lawyers are often notified within minutes of a crash. They will immediately dispatch a rapid response team of investigators and accident reconstructionists to the scene. Their goal is singular: to control the narrative and gather evidence that protects their financial interests, often before the family of the victim even knows what has happened.

Common Causes of Fatal Truck Accidents on Texas Roads

The highways around Katy, including the busy I-10 corridor and the Grand Parkway, are arteries for commercial traffic. Unfortunately, this high volume of truck traffic often leads to preventable tragedies. Some of the most common causes include:

Driver Fatigue: The pressure to deliver loads quickly leads many drivers to violate federal Hours-of-Service rules, pushing themselves past the point of exhaustion and driving while drowsy.
Distracted Driving: Using cell phones, interacting with dispatch equipment, eating, or other distractions can be deadly when piloting an 80,000-pound vehicle.
Speeding and Driving Too Fast for Conditions: Exceeding the speed limit or failing to slow down in poor weather or heavy traffic drastically increases a truck’s stopping distance and the severity of a crash.
Improperly Secured or Overloaded Cargo: When cargo shifts during transit, it can throw off the truck’s center of gravity, leading to a jackknife or rollover accident. Overloaded trucks put immense strain on brakes and tires.
Inadequate Driver Training: A trucking company may rush to put a new driver on the road without ensuring they are properly trained to handle the specific vehicle or the challenges of defensive driving.
Poor Vehicle Maintenance: Neglecting to repair or replace worn brakes, bald tires, or malfunctioning lights is a catastrophic failure of a trucking company’s duty to maintain a safe fleet.
Driving Under the Influence (DUI): While less common, drivers operating under the influence of alcohol or drugs are a significant danger on the road.

Recovering Compensation: Damages in a Texas Wrongful Death Claim

No amount of money can ever replace a loved one. The goal of a wrongful death claim is to provide families with financial resources to cover the tangible and intangible losses they have endured. In Texas, damages are typically sought in two distinct but related actions:

1. The Wrongful Death Action (For the Family’s Losses)

This claim seeks compensation for the specific losses suffered by the surviving spouse, children, and parents. These damages can include:

Loss of Earning Capacity: The financial support the deceased would have provided to the family throughout their lifetime.
Loss of Companionship and Society: Compensation for the loss of love, comfort, companionship, and emotional support. This is often referred to as “loss of consortium” for a surviving spouse.
Mental Anguish: Compensation for the profound emotional pain and grief suffered by the family.
Loss of Inheritance: The value of 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.

2. The Survival Action (For the Deceased’s Losses)

This claim is brought by the estate on behalf of the deceased. It seeks to recover for the losses the victim personally suffered before they died. These damages include:

Conscious Pain and Suffering: Compensation for the physical pain, fear, and emotional distress the deceased experienced between the moment of the accident and their death.
Medical Expenses: The cost of any medical treatment, ambulance services, or hospital care provided before death.
Funeral and Burial Expenses: The reasonable cost of a funeral and burial.

In cases where the defendant’s conduct was particularly reckless or malicious—a trucking company knowingly putting a driver with a history of DUIs on the road, for example—a family may also be able to pursue exemplary damages (also known as punitive damages) to punish the defendant and deter similar conduct in the future.

How Will Adams Law Firm Fights for Families in the Katy, TX Area

When your family is facing a powerful trucking company and its team of corporate lawyers, you need an advocate with the experience and determination to level the playing field. At Will Adams Law Firm, we approach these devastating cases with a combination of compassion and resolve.

We understand the complexity of trucking litigation. We know the federal regulations inside and out. We immediately act to preserve critical evidence, sending spoliation letters to prevent the trucking company from destroying or altering the truck’s “black box” data, driver logs, and maintenance records.

Our firm’s lead trial attorney, Will Adams, has been recognized by the National Trucking Trial Lawyers as one of the Top 10 Trucking Trial Lawyers in Texas. This recognition comes from a deep understanding of the industry and a history of holding negligent trucking companies accountable. We work with a network of top-tier experts—from accident reconstructionists to medical professionals—to build a powerful and undeniable case on your behalf.

We prepare every case for the courtroom. This trial-ready approach sends a clear message to the defense: we will not be intimidated, and we will not accept a settlement that does not fully account for your family’s immense loss. This reputation often forces them to negotiate in good faith, but if they refuse, we are always prepared to tell your loved one’s story to a Texas jury.

Contact Us When You Are Ready

We know that legal action is likely the last thing on your mind during this unbearable time. Take the time you need to grieve and support your family. When you are ready to explore your options and learn about your rights, we are here to listen.

Contact the Will Adams Law Firm at (281) 371-6345 for a free and confidential consultation. Let us provide the guidance and support you need to seek justice for your loved one and find a path forward.