Fatal 18-Wheeler Accidents in Texas: Rights for Surviving Families
If you lost a family member in a fatal 18-wheeler crash in Texas, you have legal rights — and a limited window to act. Dallas trial lawyer Byron Bailey explains your options.
No amount of money brings back a loved one. But when a family member is killed in a Texas 18-wheeler accident because of a trucking company's negligence, the law gives surviving family members the right to pursue justice — and to secure the financial stability that was taken from them.
Who Can Sue After a Fatal Truck Accident in Texas?
Under the Texas Wrongful Death Act (Tex. Civ. Prac. & Rem. Code §71.001), surviving spouses, children (including adult children), and parents of the deceased can bring a wrongful death claim. If none of these parties file within 3 months, the deceased's estate may bring a survival action.
Who Are the Defendants?
Fatal truck accident cases almost always involve multiple defendants: the truck driver (fatigue, distraction, impairment), the trucking company (negligent hiring, training failures, unrealistic schedules), the vehicle owner, and potentially cargo loaders or truck manufacturers. Identifying every liable party is critical — each adds insurance coverage.
Damages Available to Your Family
- Loss of financial support the deceased provided
- Loss of companionship, society, and guidance
- Mental anguish of surviving family members
- Loss of inheritance
- Medical expenses incurred before death
- Funeral and burial costs
- Punitive damages when the trucking company's conduct was grossly negligent
Why Evidence Preservation Is Urgent
Trucking companies send accident response teams to crash scenes immediately. They're collecting evidence in their favor while you're grieving. We issue litigation hold letters within 24-48 hours of your call to preserve ECM data, ELD records, driver logs, maintenance records, and dash cam footage before they disappear.
FMCSA Violations and Gross Negligence
Fatal truck crashes are frequently caused by Hours of Service violations (driver was legally fatigued), failure to maintain brakes or tires, or drivers who should never have been hired. These violations don't just establish negligence — they can support claims for punitive damages against the company.
Frequently Asked Questions
Q: What is the deadline to file a wrongful death claim after a truck accident in Texas?
A: Two years from the date of death. Given how quickly evidence disappears in truck cases, contact an attorney within days — not months.
Q: Can we pursue both the driver and the trucking company?
A: Yes. Under the theory of respondeat superior, employers are generally liable for the negligent acts of their employees committed in the scope of employment. We pursue all available defendants.
Injured in Texas? Call Byron C. Bailey & Associates FREE: 214-223-6400 | byronbaileylaw.com. No fee unless we win.