Recovered for the family of a man killed when a trucking company illegally parked an 18-wheeler on the I-45 shoulder at night with no warning devices.
Read the full story ›A Texas truck-accident wrongful death claim lets eligible family members seek compensation for the loss of someone they love. We investigate the crash, identify the responsible companies, and handle the claim so your family does not have to deal with the insurer alone. The consultation is free. If we take the case, there is no attorney fee unless we win; case costs follow your written agreement.
How a Truck Accident Wrongful Death Lawsuit Works
Most families have never been through this. We explain each step, from the first conversation through a settlement or trial. The timing depends on the evidence, disputed issues, and court schedule.
Free consultation
You tell us what happened. We explain your options, who the statute lets file, and the deadlines that apply — at no cost and with no obligation to hire us.
Investigation, once we are engaged
After you retain us, we move to preserve the truck's data, the driver's records, and other evidence, and we work with experts to reconstruct how the crash happened and who is responsible.
Filing suit and exchanging evidence
We file the claim within the deadline and, through discovery, exchange documents, depositions, and expert findings with the trucking company and its insurers.
Negotiation, and trial if necessary
We evaluate settlement offers with you and prepare the case for trial when necessary. Sgt. Pike can explain the benefits and risks of each option so your family can make an informed decision. We cannot and do not guarantee a settlement or a recovery.
Who Can File a Wrongful Death Claim in Texas
The Texas Wrongful Death Act, in Chapter 71 of the Civil Practice and Remedies Code, keeps the list of people who can bring the claim short. The statutory beneficiaries are three groups only:
- The surviving spouse, who may file alone or with the others.
- The children of the deceased, with legally adopted children standing on equal footing with biological children.
- The parents of the deceased, including the parents of an adult child killed in a crash.
Siblings, grandparents, stepchildren who were never adopted, and unmarried partners are not on that list, no matter how close the relationship was. If none of the eligible family members file within three calendar months of the death, the executor or administrator of the estate normally shall bring the action on the beneficiaries' behalf, unless all of those family members ask them not to.
The recovery is not automatically split equally. Texas law directs a jury to allocate wrongful death damages among the beneficiaries in proportion to each person’s injury. Settlement allocation is addressed in the agreement; a minor’s share may require court approval. We review each family member’s losses and any conflicts before deciding how representation should be arranged.
Compensation in a Wrongful Death Truck Case
There is no schedule and no reliable average, because the claim is built from one family's specific losses. Texas law does fix the categories a family may pursue:
- Loss of companionship and society — the love, comfort, companionship, and guidance the deceased would have provided, often the largest component when a parent of minor children is lost.
- Loss of future earnings and support — the income and household contributions the deceased would have made over their working lifetime, projected by an economist.
- Mental anguish — the emotional suffering the surviving family members experience.
- Funeral and burial costs and loss of inheritance — reasonable final expenses and the estate the deceased would likely have passed on.
- Exemplary (punitive) damages — may be available when the applicable legal standards, such as proof of gross negligence, are met.
Ordinary compensatory damages against a private trucking defendant generally have no statutory cap. Different rules apply to claims involving government entities and other special circumstances. Exemplary damages have separate proof requirements and are generally subject to limits under Section 41.008, with statutory exceptions. Our Texas deadlines and caps reference sets these out in one table. For how each category is calculated in truck cases generally, our guide to the semi truck accident settlement calculator walks through the framework that also underlies a death claim.
Wrongful Death and a Survival Action
A death in a truck crash can give rise to two distinct claims under Texas law, and where both apply a family that pursues only one may leave money unrecovered. We bring both when applicable.
The wrongful death claim belongs to the surviving spouse, children, and parents. It compensates them for what the loss costs them going forward: companionship and guidance, the income and support the person would have provided, and their own mental anguish.
The survival action belongs to the estate and carries the claim the person could have brought had they lived — the conscious pain and suffering between the injury and death, the final medical bills, and funeral and burial costs. Where a person survived for hours or days, this part of the case can be substantial, and it requires careful medical proof of what they endured.
Deadlines for Filing in Texas
Under Civil Practice and Remedies Code Section 16.003, the statute of limitations for wrongful death is generally two years, and the clock runs from the date of death, not the date of the crash. When a victim survives days or weeks before succumbing to their injuries, that distinction can change the filing deadline. Limited exceptions exist and courts enforce the deadline strictly, so it is best to review your situation promptly. Claims involving a government vehicle carry their own shorter notice deadlines. Our deadlines and caps reference lays these out.
How We Investigate a Fatal Truck Crash
No family should have to think about evidence in the week they lose someone, but the trucking company puts its team to work within hours, so the early steps matter. When you retain Sgt. Pike, he can put the Truck Accident Response Team (T.A.R.T.) to work — an attorney, an accident reconstruction expert, an industry safety expert, an investigator, and a nurse — so the investigation does not fall to you.
Two things matter most early. The first is the truck itself: a wrecked tractor holds physical proof — brake condition, tire wear, and the data stored in its electronic modules — that is lost once the vehicle is repaired, sold, or scrapped, so we work to have it held and inspected first. The second is the driver's complete qualification file: license history, medical certification, training records, and the violations the company knew about. We seek preservation of driver logs, in-cab or dashcam footage, and the relevant records. We also review the carrier's compliance with the federal hours-of-service, maintenance, and driver-qualification rules, and we work with economists and medical experts to establish the family's losses. Our overview of who is liable in a Texas truck accident explains where that file so often leads.
The same investigation applies whatever ended your loved one's life — an 18-wheeler at highway speed, a truck rollover, a jackknife that swept a trailer across lanes, or a rear-end impact from a truck that could not stop in time. In every one, the case starts with preserving the truck's data and the company's records before either disappears.
Not sure what the first step is? We can walk you through it — call or use the free case-review form.
Other Parties Who Can Be Liable for a Fatal Crash
The trucking company is usually the main defendant, but a fatal crash often traces back to more than one company, and each carries its own insurance. Reaching all of it can be the difference in providing for your family for years. Depending on what the investigation shows, the parties can include:
- A shipper or other company whose own negligent conduct contributed to the crash. Freight-broker claims require separate analysis and may face federal preemption defenses.
- A cargo loader whose shifting or overloaded freight caused the wreck.
- A maintenance contractor that passed a truck with bad brakes or tires.
- A parts or truck manufacturer whose equipment failed.
- A government entity, where a specific waiver of immunity permits the claim; special notice deadlines and damages limits apply.
Corporate negligence claims let us go beyond the individual driver to the company itself — for knowingly hiring unqualified drivers, ignoring maintenance, or pressuring drivers past hours-of-service limits. We also investigate whether the 18-wheeler or commercial vehicle involved had a history of violations, and we trace every company connected to the truck so no responsible party walks away.
A Green Beret's Promise to Your Family
In the military, Sgt. Pike was trained to never leave anyone behind, and that principle followed him into the courtroom. For 30 years he has held negligent trucking companies accountable, and he treats a wrongful death case as a personal mission. If you have lost a loved one in a truck accident in Texas, talk to us when your family is ready. The call is free, and nothing moves forward without your say-so. We represent families across Texas, including Houston, Dallas, San Antonio, Fort Worth, and Austin.