No amount of money can replace someone you love, but fair compensation can alleviate the financial burdens you may be facing and provide future security for your family. The knowledge that those at fault have been brought to justice can also provide some peace of mind. When you lose a family member in a fatal truck accident, you need a board-certified fatal truck accident lawyer with the experience to guide you through this difficult process.
Since 1959, families have turned to the truck accident lawyers at Munley Law for help. Our firm is unique because we have developed a special focus on cases involving fatal truck accidents. We are ready to guide you through this difficult time. Fill out our email form, submit a chat, or call our office, and we will review the details of your situation at no charge. There is never a fee unless we win on your behalf.
Why Wrongful Death Claims Involving Truck Accidents Are Complex
A truck accident is in itself a complex situation. But a fatal truck accident becomes even more complicated. Unlike a regular truck accident claim, there are different nuances your lawyer must consider for a successful wrongful death lawsuit:
There is a Greater Burden of Proof on the Family
Like any other truck accident, the burden of proof still rests on your shoulders. Unlike a regular truck accident, where the injury victim testifies about their experience, strong evidence and expert testimony from accident reconstructionists will be needed to show how the accident occurred and who was responsible for your family member’s death. This often includes detailed analysis of black box data, thorough accident scene investigation, and testimony from medical experts about the cause of death.
You May Receive Additional Damages
In most personal injury lawsuits, truck accident injury victims can receive compensation for their medical expenses, lost wages, and pain and suffering. But in a wrongful death suit, the family member could also receive damages for their funeral and burial expenses, loss of financial support, and loss of companionship. Many states in the United States allow for survival action claims, which compensate for the pain and suffering your family member experienced before passing.
The Filing Requirements Are Different
In a truck accident claim, the injury victim files the suit against the at-fault parties. But in a fatal truck accident lawsuit, a personal representative of the deceased’s family will file the suit. Usually, the victim’s spouse, child, parent, grandparent, or guardian will be the representative. Many states have a wrongful death statute with specific requirements about who can serve as the representative and how damages are distributed among beneficiaries.
Federal Regulations May Play a Part
Any time there is a truck crash, the Federal Motor Carrier Safety Administration will begin an investigation to see if any regulations were violated. The investigation can take a long time, but it could play a significant part in your case. For example, if the FMCSA discovers that the truck driver had been driving over the mandatory time limit, this evidence can support that negligence played a part in the accident. Our attorneys have extensive experience working with FMCSA findings and know how to incorporate these investigations into your wrongful death claim.
While no amount of money can compensate for the loss of a loved one, the goal of a wrongful death case is to obtain damages to help reduce a family’s financial burden in the aftermath of an accident. Munley Law works to safeguard your financial future so you can grieve and begin to rebuild your family. Call today for a free consultation.
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Understanding Wrongful Death Lawsuits For Truck Accidents
When a person dies in a truck accident that was caused by the carelessness or wrongdoing of the truck driver, the trucking company, or someone else, the person’s family can file a “wrongful death action” to get money for the loss of their loved one. In personal injury law, “negligence” typically refers to behavior that is negligent, irresponsible, or fails to behave with due care. If someone else’s carelessness leads to their death, the person’s family can file a personal injury lawsuit against the person or group at fault.
You may be qualified to bring a wrongful death claim if you were the victim’s spouse, child, parent, grandparent, or guardian due to someone else’s carelessness. An expert wrongful death attorney can assist you in obtaining compensation for:
- Medical and funeral expenses
- The deceased’s earnings and benefits
- Loss of companionship and caring
- Pain and suffering
- Financial security for those who rely on the deceased
- Punitive damages, which are intended to punish the culpable party in circumstances involving gross carelessness
If the person who died didn’t have a spouse, child, or parent who is still alive, a personal representative of the family’s estate may be able to file a wrongful death lawsuit to get money for expenses such as medical bills and funeral costs.
The Claim Process After a Fatal Truck Accident
Like any truck accident, a quick response is needed to preserve evidence. As soon as the truck crash occurs, the trucking company will dispatch a response team to secure the data from the vehicle’s electronic recording device, also known as the black box. The data records important information about the truck before the accident. Also important information is the logbooks of the driver which can be destroyed before anyone had a chance to examine them.
Once you hire Munley Law, our rapid response team will spring into action. We will secure the black box data before it’s overwritten or erased. We will issue demand letters for the logbook, maintenance records, company policies and any other relevant evidence that shows what happened at the time of the accident. We will also locate witnesses and video footage to determine what caused the crash.
Establishing Fault in a Wrongful Death Case
Once evidence is preserved, we will begin building the case. We work with accident reconstruction experts who use advanced technology to create detailed analyses of how the accident occurred. These experts examine everything from impact angles and vehicle damage patterns to road conditions and visibility factors.
We consult with medical experts who can establish the precise cause of death and determine whether your loved one experienced pain and suffering before passing, a significant factor in survival action claims. Our investigation also focuses on identifying all potentially liable parties, as fatal truck accidents frequently involve multiple responsible entities beyond just the driver.
With a clear understanding of the accident and the responsible parties, we begin the formal legal process. The discovery phase follows, where both sides exchange information and evidence. This process includes written interrogatories (questions), requests for documents, and admissions of facts. During this time, we continue building the case while evaluating the defendants’ positions and evidence.
Settlement Negotiations
Throughout the case, settlement negotiations typically occur. Most wrongful death claims resolve during this phase, though we always prepare as if we’re going to trial. Our reputation as skilled trial attorneys often encourages more favorable settlement offers from trucking companies and their insurers.
If a fair settlement cannot be reached, we present your case in court. Our trial team uses compelling storytelling, expert testimony, and visual evidence to help the jury understand exactly what happened and why the defendants should be held accountable.
From the first phone call to the final resolution, our attorneys handle all legal aspects of your case while keeping you informed and supported. We understand that while you’re grieving, navigating a complex legal process is overwhelming. That’s why we shoulder this burden for you, allowing your family to focus on healing while we pursue justice on your behalf.
How Munley Law Can Help Your Family With a Fatal Truck Accident Claim
Choosing someone to represent you after losing a family member is a big decision. You need someone you can trust to successfully resolve your case, protect your family’s rights, and honor the memory of your loved one.
At Munley Law Personal Injury Attorneys, we have dedicated decades of our law practice to mastering this specialized type of case. No other law firm in the United States can match our level of experience, expertise, and compassion for clients. We are the only law firm in the country with two lawyers (Daniel Munley and Marion Munley) who have led the American Association for Justice Trucking Litigation Group, and we are among a handful of attorneys who have earned board certification in Trucking Law from the National Board of Trial Advocacy.
We know that that truck crash was one of your life’s most significant events. After all you’ve been through, you must know your case is in the right hands. We want to relieve you of that worry and allow you to rest assured that we will do everything possible to ensure you receive justice.
Call or chat with us to begin the process today. The consultation is free, and we don’t get paid for our services until we win your case.
Frequently Asked Questions About Fatal Truck Accidents
Should I Accept an Insurance Company’s Truck Accident Settlement?
Never accept an insurance company’s settlement offer before speaking with our truck accident attorneys. Unfortunately, an insurance company’s settlement offer is frequently a fraction of what you would obtain with the assistance of a lawyer. In most situations, accepting a settlement offer waives your right to seek extra compensation, even if the deal proves insufficient. You may also unwittingly relinquish, or severely limit, your capacity to claim compensation from other parties who may have been at fault.
As a result, it is critical that the surviving family initially speak with a personal injury lawyer. Allow the insurance company or the irresponsible party to force you into accepting a deal too soon.
How Much Will Hiring a Personal Injury Lawyer Cost?
Munley Law Personal Injury Attorneys exclusively charges on a contingency basis. This means that we only get paid if we win your case and earn compensation for you. In addition, the contingent fee agreement protects you from financial risk if your case is unsuccessful. Furthermore, we do not charge for our initial consultation, so meeting with us to discuss your possible case will not cost you anything.
A Fatal Truck Accident Lawyer Will Hold Negligent Trucking Companies Accountable
Truck accident cases are what we do. We have obtained multi-million-dollar settlements and verdicts from negligent trucking companies to provide security, closure, and justice for victims’ families. Let us put our experience to work for you.
Contact Munley Law today for a free case evaluation.
Reviewed by Bernadine Munley, Esq., Personal Injury Attorney at Munley Law, on August 1, 2025.
