We're sorry if you're reading this after losing a loved one in a big rig accident. Every state provides a wrongful death cause of action that lets surviving family members hold the responsible parties accountable and recover compensation — separate from and in addition to a criminal case, if one is brought.
Who can file a wrongful death claim
Eligible parties vary by state but commonly include a spouse, children, parents (especially for an unmarried adult without children), and sometimes other financial dependents. Many states require the claim to be brought by the personal representative of the deceased's estate on behalf of these family members. Deadlines for wrongful death claims are set independently by each state and are often shorter than the ordinary personal injury statute of limitations — see our filing deadlines by state page.
Damages recoverable in a wrongful death claim
- Funeral and burial expenses
- Medical expenses incurred between the accident and death
- Lost financial support — the income and benefits the deceased would have provided over their expected working life
- Loss of companionship, guidance, and consortium for a spouse and children
- The deceased's pain and suffering before death, in many states, through a related "survival action"
- Punitive damages in cases involving egregious conduct, such as a fatigued or impaired driver with a documented history of violations
Why these cases require full investigation
Fatal crashes typically draw immediate scrutiny from the trucking company's rapid-response investigators and insurer — all working to limit the company's exposure. Preserving the truck's black box data, driver logs, and maintenance records right away is essential; see FMCSA regulations & evidence and who can be held liable. Determining the crash cause among our common causes of big rig accidents often shapes which parties can be pursued.
If you've lost a family member in a big rig accident, a free, confidential case review can help you understand your options with no obligation.