What Happens When a Truck Driver Has a Fatal Car Accident?

Steven A. Bagen | March 8, 2025 | Truck Accidents

Commercial trucks play a vital role in the transportation of goods across the country, but they also pose significant risks on the road. When a truck driver is involved in a fatal accident, the consequences can be devastating for all parties involved. Families of the victims face emotional and financial burdens, while trucking companies and drivers may face serious legal repercussions.

If you’ve lost a loved one in a fatal collision between a car and a truck, do not wait to discuss the case with a skilled attorney. A truck accident lawyer can provide much-needed guidance and support as they navigate your case and represent your best interests to obtain a fair outcome.

Top Causes of Fatal Collisions Between Trucks and Cars

Several factors contribute to fatal truck accidents, ranging from driver errors to external conditions. Understanding these causes is vital for identifying responsible parties and pursuing financial recovery.

Driver Fatigue

Truck drivers often work long hours to meet delivery deadlines, leading to exhaustion and impaired decision-making. Driver fatigue is a major risk factor in fatal truck accidents, as drowsy drivers have slower reaction times and impaired judgment. Federal regulations limit driving hours, but some drivers and trucking companies disregard these rules, increasing the risk of accidents.

Distracted Driving

With such long hours spent on the road, it is particularly common for commercial drivers to become distracted. Using mobile phones, adjusting GPS devices, or engaging in other distractions while driving can divert a truck driver’s attention from the road, leading to fatal consequences.

Speeding and Reckless Driving

Truck drivers may speed to meet tight schedules, but the added weight of a commercial truck makes stopping quickly difficult. High speeds and reckless maneuvers increase the likelihood of losing control and causing catastrophic accidents.

Impaired Driving

Impaired driving is common in the trucking industry, regardless of rules aimed to limit the occurrences, such as occasional drug testing. Driving under the influence of alcohol, drugs, or even prescription medications can impair a truck driver’s ability to react and make sound judgments on the road.

Poor Vehicle Maintenance

Trucking companies and drivers are responsible for ensuring their vehicles are in proper working condition. Poor maintenance can cause brake failures, tire blowouts, and engine malfunctions, which can lead to fatal crashes.

Overloaded or Improperly Loaded Cargo

Cargo must be carefully and meticulously loaded to ensure safety. Improperly loaded cargo can shift unexpectedly, causing the truck to become unbalanced and increasing the risk of rollovers or jackknife accidents.

Hazardous Road Conditions

Sometimes, outside forces can contribute to the collision. Poorly maintained roads, bad weather, and construction zones can make it difficult for truck drivers to control their vehicles, contributing to fatal accidents.

Determining Fault in a Fatal Truck Accident

Determining liability in a fatal truck accident is one of the most critical parts of a case. However, figuring out who is at fault often requires a thorough investigation, as it is not always clear. Multiple parties may be responsible for a crash, including:

Truck Driver

Truck drivers are regularly at fault for fatal collisions. If the driver was fatigued, distracted, intoxicated, or negligent in any way, they can be held accountable for causing a fatality.

Trucking Company

The trucking company may be directly or vicariously liable, depending on the situation. If the truck driver caused the collision, the company can be vicariously liable for the driver’s wrongful actions. If the trucking company was negligent, for example, if they failed to enforce safety regulations or neglected vehicle maintenance, they can be held directly liable for their wrongdoing.

Cargo Loaders

Cargo loaders are tasked with ensuring cargo is adequately loaded and secured on a truck for safe transportation. If improperly loaded cargo contributed to the crash, those responsible for loading the truck might be held accountable.

Vehicle Manufacturers

The manufacturer might be liable if the accident resulted from a defect, such as defective truck parts. Other related parties, such as designers, distributors, and retailers, may also share liability.

Governmental Entities

Certain governmental entities are responsible for road design, maintenance, and repairs. If a road hazard contributed to the fatal crash, the city or governmental entity in charge of that road can be at fault.

Repercussions of a Fatal Collision

After a truck is involved in a fatal car accident, there can be several consequences. Depending on the circumstances, responsible parties can face civil and criminal liability.

Civil and criminal cases are entirely separate, with different outcomes. While not all fatal accidents may result in criminal charges, many do result in civil liability, although you can have both.

Civil Liability

When an at-fault party faces civil liability, it means they can be held financially responsible for the results of their negligent actions.

Victims’ families may pursue compensation through a wrongful death lawsuit against the responsible parties. Civil liability may include damages for medical expenses, funeral costs, lost income, and emotional suffering.

Criminal Charges

In some cases, along with civil liability, the responsible party can also face criminal liability.

If a truck driver was intoxicated, driving recklessly, or engaging in unlawful behavior, they could face criminal charges such as vehicular manslaughter. Trucking companies may also face penalties if they are found to have violated safety regulations.

Should a party charged criminally be found guilty, they can face certain penalties based on the crime, including steep fines and jail time.

Seeking Compensation Following a Fatal Truck Accident

While money cannot bring a loved one back, it can help alleviate some of the burdens of an unexpected loss. For this reason, victims’ families are allowed to pursue compensation from the at-fault party to cover their expenses and losses.

Can You File an Insurance Claim After a Death?

After a fatal accident, you can pursue compensation through insurance. Still, this can be challenging.

When you file an insurance claim, the insurance company investigates the collision and the resulting consequences. The insurer will approve the truck accident claim and provide a settlement amount based on their findings. Insurance companies are well known for trying to settle for far less than a claim is worth, and settling too quickly can leave you without proper compensation.

In an ideal situation, you can settle successfully with the insurance company and move on. However, if you are unable to settle with the insurance company, you may have additional legal options. It is best to discuss your case with a truck accident lawyer to determine the best course of action.

What is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a legal action brought by the surviving family members of a deceased individual to seek financial compensation for their loss. This lawsuit aims to hold negligent parties accountable and alleviate the financial burdens caused by the accident.

Wrongful death lawsuits fall under the category of personal injury, but these cases are unique. Based on the situation and state law, only certain parties are entitled to file and benefit from a claim. In some states, like Florida, only the victim’s personal representative can file the claim on behalf of the surviving family members. Specific family members in other states, like California, can file the lawsuit, including the victim’s spouse, children, or parents.

Wrongful death lawsuits can be particularly challenging to navigate, as they can be complex. For this reason, it is best to have a seasoned attorney handle the case on your behalf for better results.

Compensation Available in Wrongful Death Cases

In a wrongful death case, the damages awarded are meant to compensate the survivors and the estate for losses resulting from the victim’s death. Understanding what damages you can sue for in a truck accident is essential, as compensation may include economic and non-economic damages, with some jurisdictions also allowing punitive damages. The exact damages available vary depending on the jurisdiction, but they generally fall into these categories.

Economic Damages

Economic damages compensate for the financial losses directly caused by the death, including:

• Medical expenses: Costs of medical treatment incurred due to the fatal injury before death, such as hospital bills, surgeries, medications, and hospice care.
• Funeral and burial costs: Reasonable expenses for the funeral, cremation, or burial services.
• Loss of financial support: Compensation for the income the victim would have provided to dependents, calculated based on salary, benefits, work-life expectancy, and potential raises.

These damages are often easier to calculate, as more evidence is usually available.

Non-Economic Damages

These damages compensate for emotional and psychological losses suffered by the family, and may include:

• Pain and suffering: Some states allow damages for the conscious pain and suffering endured by the victim before death. Alternatively, the victim’s family can pursue these damages for their own pain and suffering. 
• Loss of companionship: Compensation for the loss of love, care, and companionship suffered by a spouse, children, or dependents.
• Mental anguish and emotional distress: Damages awarded for the psychological impact of losing a loved one.

Because non-economic damages represent intangible losses, an attorney must gather additional evidence to prove these damages.

Punitive Damages

Although rare, some cases may qualify for punitive damages. These damages are awarded in cases involving egregious conduct, such as gross negligence, recklessness, or intentional harm. Punitive damages are meant to punish the wrongdoer and deter similar conduct in the future.

How a Truck Accident Attorney Can Help

After losing a loved one in a truck accident, you feel alone and unsure of next steps. Legal representation is readily available. An attorney with experience in fatal accidents is standing by to help you through the legal process.

A truck accident attorney plays an important role in helping families pursue justice and compensation. A lawyer can handle all aspects of your case, including:

Investigating the Accident

Truck accident cases can be complicated, often requiring a thorough investigation. Attorneys can investigate the case, and gather evidence to determine the cause of the crash and liability.

Identifying Liable Parties

Liability isn’t always straightforward in collision cases involving commercial trucks. Since multiple parties may be responsible, an attorney will thoroughly analyze the case to properly identify all liable parties and ensure they are held accountable.

Negotiating with Insurance Companies

Insurance companies often employ tactics to minimize liability and attempt to minimize payouts. Lowball offers are a common strategy used to pressure victims into settling for less than they deserve. A skilled attorney can identify these schemes, protect your rights, and negotiate to secure fair compensation for you and your family.

Filing a Wrongful Death Lawsuit

If a settlement cannot be reached, the attorney will file a wrongful death lawsuit on your behalf. The truck accident lawyer will also attempt to settle the case outside of court, but if need be, you can trust they will represent your best interests in court.

Providing Guidance Through a Difficult Time

Losing a loved one is never easy, especially in such a tragic and unexpected way. A truck accident lawyer can offer support during a trying time as they work diligently to get you the outcome you deserve.

The Importance of Acting Quickly Following a Fatal Accident

Although taking on a legal battle may not be desirable after the loss of a loved one, it is important to take action as quickly as possible after their death. The law imposes strict time restrictions, called statutes of limitations, that limit the time you have to pursue justice and compensation. If you miss filing your claim in time, you can risk losing your right to fair financial recovery.

Time is of the essence in a wrongful death case. Along with considering the statute of limitations, evidence can be lost, and memories can fade—especially in cases where a truck driver leaves the scene of the accident. Therefore, you should seek legal representation as soon as possible to maximize your chances of obtaining justice.

After a Fatal Car Crash with a Commercial Truck, Do Not Hesitate to Seek Legal Representation

Losing a loved one in a truck accident is a tragic and life-altering event. While no amount of compensation can change what’s happened, holding the responsible parties accountable can provide financial relief and a sense of justice. When you have an attorney working on your case, no at-fault party will escape liability for the wrongs they’ve done.

If you have lost a loved one in a truck accident, consult with a truck accident lawyer as soon as possible to protect your rights and secure the compensation your family needs and deserves.