The devastating moment when a loved one’s life is cut short by a negligent truck driver – and what Texas families need to know about seeking justice
Key Data and Statistics:
- Texas leads the nation with 568 truck accident deaths annually, accounting for 25.7% of all US truck accidents
- 1 in 1,000 Texas drivers will be in a semi-truck accident, with one occurring every 20 minutes
- In 2023, Texas recorded over 35,000 crashes involving commercial vehicles, with nearly 600 fatalities
Settlement Information:
- Average truck accident settlements range from $25,000 for minor cases to over $5 million for fatal accidents
- Wrongful death claims average $3.5 million in compensation
- Referenced the recent $730 million East Texas wrongful death verdict Family of East Texas woman killed in truck crash receives $730 million in wrongful death lawsuit
Legal Steps and Requirements:
- Texas wrongful death claims must be filed within 2 years by spouse, children, or parents
- Four elements required to prove wrongful death: duty, breach, causation, and damages
- Multiple parties can be held liable including drivers, trucking companies, and manufacturers The blog post is structured to be both informative and empathetic, addressing the emotional trauma families face while providing practical legal guidance specific to East Texas. It emphasizes the urgency of taking action while providing hope for justice and financial recovery.
The call comes at 2:47 AM. Your husband, the father of your children, the man who kissed you goodbye that morning, will never come home again. An 80,000-pound commercial truck has forever changed your family’s story on a stretch of East Texas highway. In that instant, you’ve joined the ranks of over 600 Texas families each year who lose loved ones in truck accidents – a statistic that continues to climb despite safety regulations.
Texas leads the nation in truck accident fatalities. Over 480 fatal Texas truck accidents occur annually, with the Federal Motor Carrier Safety Administration (FMCSA) reporting that 568 deaths occurred in large truck crashes in the most recent reporting year. The state with the second highest fatalities was California, with 364. Florida was third, with 322.
For East Texas families in communities like Tyler, Longview, Marshall, and surrounding areas, these aren’t just statistics – they’re neighbors, breadwinners, and beloved family members whose lives were needlessly cut short by preventable accidents.
The Stark Reality of Commercial Vehicle Deaths in East Texas
In one recent year, 38,909 commercial motor vehicle (CMV) crashes occurred in Texas, accounting for approximately 25.7 percent of the national total. Even more sobering: approximately 1.41 percent of all Texas truck accidents resulted in fatalities, while approximately 3.47 percent of all Texas truck accidents may have resulted in serious injuries.
Roughly 1 in 1,000 Texas drivers will end up in a semi-truck accident. Every 20 minutes in the state of Texas, an accident with a semi-truck occurs. Most tragically, big rig drivers rarely are killed in collisions with passenger cars – meaning the victims are almost always the innocent drivers and passengers in smaller vehicles.
The human cost is devastating. Deaths were nearly always attributed to drivers and passengers in automobiles rather than the commercial truck drivers themselves. Due to their sheer size and weight, these accidents frequently result in severe injuries and significant property damage.
Recent East Texas Cases Highlight the Devastation
The reality of these statistics hit home in 2021 when an East Texas family was awarded a total of $730 million in a wrongful death lawsuit in Titus County after Toni Combest was killed in a car crash with a truck hauling a propeller for a U.S. Navy submarine. This case represents the largest single fatality case in the history of the United States.
What Every East Texas Family Should Know About Wrongful Death Claims
When your spouse, father, or provider is killed due to a truck driver’s negligence, Texas law provides specific legal remedies through wrongful death claims. Understanding these rights is crucial during your darkest hour.
Who Can File a Wrongful Death Claim in Texas
Under Texas law a wrongful death lawsuit can only be filed by the spouse, parent, or child of the victim, or by the executor of the decedent’s estate on behalf of those parties. Specifically, the deceased person’s surviving spouse, children, and parents—or one or more of those individuals on behalf of them all—are eligible to file a wrongful death lawsuit.
If the surviving spouse, children, or parents do not file a wrongful death claim within three months of the date of death, the personal representative (sometimes called the “executor”) or administrator of the deceased person’s estate must file the claim instead, unless all of the surviving family members listed above specifically request that the wrongful death lawsuit not be filed.
Critical Time Limits You Cannot Miss
You have only two years from the date of death to file your claim. In Texas, wrongful death lawsuits must usually be filed within two years of the death. This deadline is called the “statute of limitations.” In Texas, the wrongful death statute of limitations is two years from the date of the person’s death.
This deadline is absolute. If a lawsuit is not brought within the statute of limitations, the right to bring that lawsuit expires forever.
Immediate Steps Your Family Must Take
1. Preserve Critical Evidence
Commercial trucking companies deploy teams to accident scenes within hours. The trucking company’s insurance company will be at the scene of an accident involving a wrongful death within 24 hours of learning about it and often before the authorities have removed the vehicles. Such teams gather information to defend a wrongful death or serious injury lawsuit.
2. Contact an Experienced Wrongful Death Attorney Immediately
Don’t speak to the insurance company. They will only try to minimize your claim. Reach out to a wrongful death attorney who can provide exceptional support in this trying time. They will work directly for you to get any compensation owed to you.
3. Document Everything
Provide any information you have to the police. Be honest but direct, but remember that insurance companies are not your friends during this process.
Proving Your Wrongful Death Claim
To successfully pursue a wrongful death claim in Texas, you must establish four key elements:
1. Duty of Care
The truck driver and trucking company owed your loved one a duty to operate safely and follow all applicable regulations.
2. Breach of Duty
This is the more common wrongful death scenario, since far more people die because of accidents than because another person knowingly decides to kill someone… this cause of action arises when a person’s irresponsible behavior results in another’s death.
Common examples of breach in truck accident cases include:
- Distracted driving – Distracted driving is a significant problem among truck drivers in Texas
- Speeding – Speeding contributes to many large truck accidents in Texas. Truck drivers often face tight delivery schedules, pressuring them to exceed speed limits
- Truck drivers often work very long hours. When a driver is rushing to make a delivery on time, they often skimp on sleep and drive fatigued
3. Causation
The individual bringing the wrongful death claim (the plaintiff) has to establish that the negligent act — the breach of the duty of care — directly caused the deadly injuries.
4. Damages
You must demonstrate the specific losses your family has suffered due to the death.
Understanding Potential Settlement Amounts
While no amount of money can replace your loved one, understanding potential compensation helps families plan for their future.
Recent Settlement Data for Texas Truck Accidents
Based on recent Texas truck accident settlements:
- The average truck accident settlement is approximately $73,000 for general truck accidents
- In Texas, minor accidents may see settlements starting around $25,000. Moderate incidents can range from $100,000 to $500,000. Severe accidents, particularly those involving severe or permanent injury or fatality, can result in settlements exceeding $5,000,000
- Based on our own settlement data on this page, the average 18-wheeler accident settlement is between $500,000-$4,500,000
Factors That Influence Settlement Amounts
Wrongful death cases typically result in much higher settlements. Statistically, cases involving fatalities or severe injuries tend to result in larger settlements or awards. For instance, wrongful death claims average $3.5 million in compensation.
Several factors impact the final settlement amount:
- Available Insurance Coverage: The Federal Motor Carrier Safety Administration requires a minimum of $750,000 in coverage for semi-trucks that carry non-hazardous freight across state lines
- Multiple Liable Parties: Several parties could potentially be held responsible, including: The Truck Driver… The Trucking Company… Manufacturers
- Severity of Economic Impact: Lost future earnings, benefits, and household services your loved one would have provided
Examples of Significant Truck Accident Settlements
Recent Texas cases demonstrate the potential for substantial recovery:
- After a collision with an 18-wheeler, resulting in the wrongful deaths of several family members, we fought to secure a $15,000,000 settlement for all affected parties
- Our 18 wheeler accident attorneys finalized our record-setting $32 million truck accident settlement less than nine months after filing the truck accident lawsuit
Types of Damages Available to Texas Families
In a successful Texas wrongful death case, damages are awarded to the deceased person’s surviving spouse, children, and parents for their losses stemming from the death.
Economic Damages
These include quantifiable financial losses such as lost earning capacity, lost inheritance, and medical and funeral expenses.
Non-Economic Damages
These cover intangible losses such as pain and suffering, mental anguish, loss of companionship, and loss of care and guidance.
Punitive Damages
Exemplary damages (sometimes called “punitive damages”) can be awarded in a Texas wrongful death case, but only if the death resulted from a “wilful act or omission or gross negligence”. Where the driver’s company acted with “Malice,” more than mere negligence or thoughtlessness, exemplary damages in a truck accident may be appropriate.
Why Commercial Truck Cases Are Different
Commercial truck accident cases involve complex federal and state regulations that don’t apply to regular car accidents:
Federal Regulations Violations
Violating the safety rules can be very important evidence in personal injury or wrongful death litigation involving a truck driver and a trucking company. Common violations include:
- Hours of service violations (driving too many hours without rest)
- Improper vehicle maintenance
- Driver qualification violations
- Load securement failures
Multiple Defendants
Unlike car accident cases, truck accident wrongful death claims often involve multiple defendants:
- The truck driver
- The trucking company
- The freight broker
- Vehicle manufacturers
- Maintenance companies
The Litigation Process: What to Expect
Most truck accident cases take 1-2 years to resolve, with more complex cases potentially lasting longer.
Investigation Phase
Your attorney will immediately begin preserving evidence, including:
- Electronic logging device (ELD) data
- Driver qualification records
- Vehicle maintenance records
- Company safety policies
- Witness statements
Negotiation vs. Trial
The vast majority of truck accident cases in Texas (and nationwide) are resolved by settlements, because they’re faster and less risky for all sides. However, some cases require trial to achieve fair compensation.
Choosing the Right East Texas Wrongful Death Attorney
Not all personal injury attorneys are equipped to handle complex commercial truck wrongful death cases. Look for:
- Specific Truck Accident Experience: The attorney should have a track record of handling commercial vehicle cases, not just car accidents.
- Resources for Investigation: Truck accident cases require immediate investigation and expert witnesses, which requires significant resources.
- Trial Experience: Trucking companies and their insurance providers fight claims aggressively—especially when they know they have a lot to lose. Your attorney must be prepared to take the case to trial if necessary.
- Understanding of Federal Regulations: Commercial trucking is heavily regulated by federal law, and violations of these regulations are often key to proving negligence.
Taking Action: Your Family’s Path Forward
Losing your husband, father, or provider to a negligent truck driver represents one of life’s most devastating experiences. While the legal system cannot bring back your loved one, it can provide the financial security your family needs and hold negligent parties accountable.
Time is critical. Evidence disappears, witnesses’ memories fade, and most importantly, you have only two years to file your claim. Every day that passes without legal representation puts your family’s financial future at risk.
If your loved one was killed in a truck accident in East Texas, contact an experienced wrongful death attorney immediately. The trucking company already has a team of lawyers working to minimize their liability – you need an advocate fighting for your family’s rights and future.
Your family deserves justice. Your loved one’s life had value that the law recognizes and protects. Don’t let the trucking company escape accountability for the devastating loss they’ve caused your family.
McKay Law PLLC represents families throughout East Texas in wrongful death claims involving commercial truck accidents. We understand the unique challenges faced by families in Tyler, Longview, Marshall, and surrounding communities. Contact us for a confidential consultation to discuss your family’s legal rights and options.
