In the aftermath of a fatal truck accident, victims' families often have a lot of questions in urgent need of answers. One of their most pressing questions is whether the law obligates the trucking company to compensate them for their losses. That touches on complex areas of liability, insurance coverage, and regulations governing the trucking industry. So are trucking companies required to compensate families after fatal truck accidents?
Answer: Nothing in the law requires a trucking company to compensate a victim of a truck accident, or the families of someone who lost their life in one. The law provides lawsuits as a remedy for those who have lost a loved one due to a truck driver's negligence.
There's a lot to unpack in that answer, so let's start by looking more closely at the legal landscape.
There is No Such Thing as a No-Fault Truck Accident in Texas
Different states in the U.S. take different approaches to liability after an accident. Some, like Florida, are no-fault states where the law isn't concerned with who caused an accident. Everyone carries Personal Injury Protection (PIP) insurance that is designed to compensate them for the various losses they sustain after a crash; lost wages, medical bills, and other costs are all paid by PIP.
However, Texas and most other states use an at-fault system. That means the party found responsible for the accident is considered liable for compensating whoever they hurt. Those systems rely on negligence law, which requires accident victims or families to prove that the person who hurt them breached a duty to act with appropriate care, and that breach caused them demonstrable damages.
We've spoken to many people who thought that fault was easily established by just checking a police report. However, the officer's opinion about what happened and who's to blame isn't enough to determine fault in a Texas case. At most, it's one small piece of a bigger puzzle.
Collecting Compensation through a Negligence Claim Requires Filing a Wrongful Death Lawsuit
Seeking compensation for the losses inflicted by a fatal commercial truck accident pretty much always requires litigation, namely a wrongful death lawsuit. This allows surviving family members—spouses, children, or parents—to seek damages from the party whose negligence caused the death. In the context of trucking accidents, the family's claim is often directed at the truck driver and the driver's employer.
But why a lawsuit? Because it's the only legally recognized way to hold a party accountable for a death caused by negligence. Without filing a lawsuit, there is no formal legal process in place to establish fault, present evidence, and demand compensation from the liable party. If you couldn't make them take responsibility via a lawsuit, they almost certainly wouldn't try make things right of their own accord.
Insurance companies and other at-fault parties are under no obligation to offer a settlement unless they are compelled to do so by a jury or unless they enter into an agreement. A wrongful death lawsuit is what starts this process. In short, it's a necessary step to enforce accountability and secure financial relief.
There are More Reasons to Pursue a Case
We firmly believe that no one should ever feel pressured to file a lawsuit; some people have philosophical or ethical objections to doing so, and we respect those beliefs. In the interests of helping you make an informed decision, though, we should point out that getting compensation is not the only reason to sue the trucking company who took your relative's life—it can often act as a serious deterrent to future misconduct, both by the same company and by others who might be tempted to act similarly.
In other words, the payment of money can be the means to several ends. It's highly unlikely that your family would ever suffer further harm at the hands of the same trucking company, but if they aren't forced to pay for their mistake, they'll see no reason to change their ways—increasing the chances of the same thing happening to someone else. Without a jury decision pronouncing them wrong, it could just be a matter of time before someone else's family goes through the same heartbreak as yours.
A Word About Insurance Companies
Even if there was a trucking company that was built on family values and had an earnest desire to do right by the victims of their drivers' carelessness, it would be of little consequence. At the end of the day, trucking companies are required by law to carry high-value insurance policies, and by writing a policy, insurance carriers accept a legal obligation to defend those companies vigorously. This means that insurers and their lawyers, not the trucking company, generally call the shots in litigation—though most trucking companies are more than willing to help the insurers fend off your claim.
To reiterate, the law does not require the insurance carrier to pay you unless you have a strong enough case to either beat them in court or convince them that you would, so they settle. That means they aren't on your side; in fact, their main goal is to undermine your claim, so it's usually best to avoid contact with them altogether—even though they will likely try to get in touch.
You may wonder if insurance carriers offer settlements before you hire a lawyer or see the inside of a courtroom. That can happen, but if they proactively reach out they rarely offer you a fair amount. Put yourself in their shoes for a moment: You're an insurance carrier, required by law to protect your policyholder. One way to do that is to offer the plaintiff a small "go away" settlement, closing the matter on the cheap and avoiding a more expensive lawsuit. Insurers know the victim or their lawyer could make one of a thousand different mistakes on the long road to trial, so why pay them like they've already won? In that scenario, you could easily justify offering ten cents on the dollar just to make the problem vanish.
An example from the firm's history makes the point clearly: Prior to our involvement in a fatal truck accident case, the insurance carrier's attorney offered the victim's family around $100,000 to close the matter and drop all claims against the trucking company. The family was tempted as expenses piled up, but we got straight to work on their behalf, litigated the case, and ending up resolving it for a seven-figure settlement.
I don't tell that story to pat myself or the firm on the pack. The point is that there's no real reason for an insurance carrier to offer fair compensation until you've built a case against them—one solid enough to prevail at trial or make them scared enough of losing to settle out of court.
What Can I Do to Build and Protect my Case?
In order to put your claim in the best possible position, there are a few things you'll want to do:
- If possible, document and preserve evidence from the site of the accident.
- Take photos or video of the damage and the surrounding area
- Interview or at least get contact information from witnesses
- Locate any video footage (dashcams, traffic cameras, business security cams) that might show the crash
- Act as quickly as you can, so evidence can't disappear or be damaged.
- Don't talk to anyone about the accident afterward, and don't post it on social media.
- Avoid any communication with the trucking company or their lawyers or insurance carrier.
That's not a full to-do list, but many probably feel it's already a lot to ask of a recent truck accident victim or a grieving family. Preserving and organizing evidence in the middle of all that chaos and grief is a tall order, which is why many people in that situation hire a truck accident attorney to help.
Grossman Law Can Help
As we've explained here, trucking companies and their insurers are not required to provide any compensation to truck accident victims or their families. Since liability isn't automatic and is usually disputed by the company, plaintiffs must build compelling lawsuits that either scare the company into settling or convince a jury to decide in their favor. That's more easily said than done, however, and most accident victims and their families won't have litigation experience or the needed resources to get the justice they deserve.
The Texas truck accident attorneys at Grossman Law Offices have decades of experience helping accident victims and their loved ones navigate the complexities of commercial lawsuits. Our experienced lawyers know the tricks, tactics, and defenses of insurance companies, and know how to ensure they won't succeed. If you were hurt or lost a loved one in a commercial truck accident, contact Grossman Law today for a free and confidential consultation. We are available to speak with you 24/7.
