Legal Support for Truck Drivers and Their Families Facing Wrongful Death Claims
A fatal truck accident can change everything. If you’ve lost a loved one who was a truck driver, or if you’re a driver facing a wrongful death claim, you may feel overwhelmed by grief, fear, and a complicated legal system.
At Hurt Trucker Attorneys, we have over 40 years of experience helping truck drivers and their families. We understand how quickly trucking companies, insurance providers, and opposing lawyers respond to fatal crashes. Without the proper support, families and drivers can be left with no answers or assistance.
Wrongful death cases involving truck accidents are more complex than standard car accident claims. These cases often involve multiple parties, legal and financial complications, and pressure to settle quickly. Insurance companies and trucking companies may try to shift blame onto the driver. We work to protect drivers and families from this unfair treatment.
This article explains your legal rights after a fatal truck accident. Whether you are seeking justice for a loved one or defending yourself from a wrongful death claim, we can guide you through the process. Hurt Trucker Attorneys will fight to protect your future and hold the responsible parties accountable.
What is a Truck Accident Wrongful Death?
In Missouri, a wrongful death occurs when someone dies because of another party’s negligence, recklessness, or intentional actions. Missouri law (RSMo § 537.080) allows surviving family members to file a wrongful death claim to seek compensation for the financial and emotional losses caused by their loved one’s death.
Wrongful death cases involving truck accidents are often more complicated than other types of claims. Commercial trucks weigh up to 80,000 pounds, making them far more dangerous than passenger vehicles. Even a small mistake or equipment failure can lead to devastating or fatal accidents.
In a wrongful death truck accident claim, surviving family members can pursue the compensation the victim would have been entitled to under a personal injury claim if they had survived. Since the victim cannot bring the claim themselves, Missouri law grants this right to their surviving loved ones.
Common Causes of Wrongful Death in Truck Accidents
Several factors often lead to wrongful death claims involving truck accidents:
- Driver Fatigue: Truck drivers may violate federal Hours-of-Service (HOS) rules (49 CFR Part 395) to prevent overwork and drowsy driving.
- Driving Under the Influence: This includes alcohol, illegal drugs, or misuse of prescription medications.
- Distracted Driving: Examples include texting, using in-cab devices, or failing to monitor traffic.
- Speeding or Reckless Driving: Excessive speed or unsafe driving is hazardous on Missouri highways like I-70, I-44, or I-55.
- Improperly Loaded Cargo: Shifting or unsecured loads can cause rollovers, jackknifing, or loss of control.
- Mechanical Failures: Accidents can happen due to poor maintenance or failure to inspect critical components like brakes, tires, or steering systems.
- Negligent Hiring or Training: Trucking companies may fail to vet drivers properly or provide adequate safety training.
Understanding these causes can help families build a stronger compensation case. If you have lost a loved one in a truck accident caused by negligence, you have the right to seek justice and hold the at-fault party accountable.
Legal Rights for Families After a Truck Driver’s Wrongful Death
Truck drivers face some of the most dangerous working conditions on Missouri roads. Unfortunately, people often focus on the harm trucks can cause to others, but truck drivers themselves are frequently the victims of fatal crashes caused by factors beyond their control.
When a truck driver dies in a collision caused by someone else’s negligence, Missouri law allows the surviving family members to seek compensation through two main legal options.
Workers’ Compensation Death Benefits
If the truck driver was working during the crash, surviving family members may claim workers’ compensation benefits under Missouri Workers’ Compensation Law (RSMo § 287.240). Eligible survivors, such as a spouse or dependent children, can recover:
- Weekly death benefits are based on a percentage of the driver’s average weekly wage.
- Funeral expenses up to the statutory limit.
- Ongoing benefits for dependent children until they reach adulthood or complete higher education.
Third-Party Wrongful Death Claims
In addition to workers’ compensation, families can file a wrongful death lawsuit against a third party responsible for the crash. This includes:
- Negligent drivers of other vehicles.
- Manufacturers of defective truck parts (like brakes, tires, or steering systems).
- Third-party contractors who failed to maintain the truck properly.
- Government agencies responsible for hazardous road conditions (subject to certain limitations under RSMo § 537.600 and the Missouri Tort Claims Act).
Families do not have to choose between these legal paths. If a third party contributed to the crash, surviving relatives can seek both workers’ compensation and death benefits and file a wrongful death claim. These options ensure families have the opportunity to recover the full compensation they deserve after a tragic loss.
How We Help Missouri Trucking Families
At Hurt Trucker Attorneys, we understand that losing a truck driver means more than losing a loved one—it often means losing the family’s primary source of income and financial stability. We hold all responsible parties accountable and work to recover:
- Lost lifetime earnings
- Pain and suffering damages
- Loss of companionship (consortium)
- Funeral expenses
- Workers’ compensation benefits
If your loved one was a truck driver who passed away in Missouri, we can help. We can guide you through your legal options and fight to secure the compensation your family needs and deserves.
When Truck Drivers Are Accused or Involved in a Fatal Accident
If you are a truck driver involved in a fatal accident—even if it’s not your fault—you could face serious legal risks. These include wrongful death lawsuits, regulatory investigations, or even criminal charges. In Missouri, the legal process moves quickly after a fatal crash, and it’s essential to protect yourself at every step.
We have decades of experience defending commercial drivers in high-stakes cases at Hurt Trucker Attorneys. Here’s what you need to know:
Civil Liability Risks
In Missouri, wrongful death lawsuits are governed by RSMo § 537.080. This law allows the family of the deceased to sue anyone they believe contributed to the death. Plaintiffs may name:
- The trucking company
- Individual drivers
- Third-party maintenance providers
- Vehicle or parts manufacturers
- Brokers or shippers involved in the load
While Missouri follows the respondeat superior doctrine (which holds employers responsible for their employees’ actions), this rule does not always protect drivers. Families often claim drivers acted negligently, speeding, driving while fatigued, or being distracted, to hold them personally liable and increase damages.
Criminal Charges
In fatal truck accidents, Missouri prosecutors may file criminal charges, including:
- Involuntary Manslaughter (RSMo § 565.024) is often applied if they believe the driver acted recklessly, such as ignoring hours-of-service regulations, speeding excessively, or driving under the influence.
- Negligent Homicide, which some municipalities charge for careless driving, leads to a fatality.
Anything you say to police or insurance investigators can be used against you. You have the right to an attorney—use it immediately.
Complex Insurance Issues
Fatal truck accidents often involve multiple insurance policies, including:
- The trucking company’s primary liability coverage
- Umbrella or excess coverage
- The driver’s personal auto or umbrella insurance (depending on contract status or vehicle use)
- Coverage for brokers, shippers, or maintenance providers
It can be complicated to determine which policies apply. We ensure that you remain financially protected by using all available coverage.
To protect yourself, you need experienced legal representation focused on your defense. At Hurt Trucker Attorneys, we fight to protect drivers from civil, criminal, and financial liability. Contact us today to ensure your rights are defended.
Steps to Take After a Fatal Truck Accident
When a truck accident leads to the tragic loss of life, it’s natural to feel overwhelmed. However, there are steps you can take right away that will strengthen your wrongful death claim and secure your family’s financial protection.
1. Notify Law Enforcement and Gather Evidence: Always call the police and allow them to document the scene with an official report. If you can, collect witness names and contact information. Photos or videos of visible damage, skid marks, and road conditions can be extremely valuable. Even though you’re grieving, securing evidence early can prevent losing critical details later.
2. Obtain Official Records: Be sure to request and keep copies of any accident report, medical bills, or autopsy results. Your attorney will need these documents to substantiate the cause of death and identify any potential negligence. Collect their employment records, training history, and workers’ compensation forms if your loved one was a truck driver.
3. Preserve the Vehicle or Any Equipment: Sometimes, the vehicle holds clues to defective equipment or mechanical failures. If you have the legal right to maintain custody of the truck or personal vehicles involved, do not allow them to be repaired or altered until investigators and professionals have had a chance to inspect them.
4. Avoid Quick Settlements: Insurance adjusters may reach out rapidly, offering a generous settlement. We caution families never to sign anything or make recorded statements without seeking legal advice. Their initial goal is typically to limit their liability, and these quick offers often fail to account for the full scope of your family’s losses.
5. Consult Experienced Truck Accident Attorneys: Truck accident wrongful death cases are far more complex than standard auto collisions. You need attorneys who understand federal regulations, potential multiple defendants, and real-world trucking industry practices. We’re here to guide you every step of the way so you can focus on healing with the confidence that your legal rights are in good hands.
Proving Liability When a Truck Driver Is Killed
When we represent the family of a truck driver, we thoroughly investigate the case, going well beyond the steps taken in a typical car accident claim. Our process includes:
- Collecting ECM (“black box”) data from the truck and any other vehicles involved
- Securing dash cam footage, if available
- Examining maintenance logs to check for faulty repairs or service issues
- Reviewing government inspection records and reports on road hazards
- Reconstructing the accident with professional analysis to identify all contributing factors
Acting quickly is crucial because key evidence can be lost or destroyed if legal action isn’t taken in time. We work immediately to preserve and document all evidence that can strengthen your case.
Protect Your Family’s Future with Hurt Trucker Attorneys
At Hurt Trucker Attorneys, we understand how difficult it is to deal with the aftermath of a fatal truck accident. Whether your loved one was the driver or lost their life due to someone else’s negligence, this is an incredibly challenging time.
With over 40 years of experience in trucking litigation, we know how to handle trucking companies and insurance providers. We understand their strategies and know how to fight back to protect your family’s rights.
Contact us if you are considering legal action or want to learn about your options. We will handle the legal process so you can focus on your family’s well-being.