Passengers Killed in Truck Accidents — San Antonio Personal Injury Lawyers

Has a Loved One Been Killed in an Accident While Riding as a Passenger in a Commercial Truck?

Losing a family member in a truck accident is a devastating experience, and the grief is only compounded when you realize that someone else’s negligence was responsible. If someone you love was killed while riding as a passenger in a commercial 18-wheeler, you and your immediate family have the legal right to pursue compensation from the responsible parties. Our San Antonio personal injury lawyers have been fighting for truck accident victims and their families for more than three decades, and we understand exactly what it takes to build a strong wrongful death case under these difficult circumstances.

One of the most complex aspects of pursuing compensation after a fatal 18-wheeler accident is determining who actually caused the crash and who should be held accountable. When the victim was a passenger inside the truck rather than an occupant of another vehicle, the question of liability becomes even more complicated. The trucking company’s responsibility comes into direct question, and answering that question requires a thorough investigation and a deep understanding of federal trucking regulations. If you would like to discuss your family’s situation with one of our San Antonio personal injury lawyers, contact us today for a free consultation.

When You Can Hold the Trucking Company Accountable

A trucking company can be held liable for a fatal 18-wheeler accident for a number of reasons. Trucking companies are responsible for the actions of their drivers, and they can also be held accountable for their own policies and practices that contribute to unsafe conditions on the road.

To illustrate, our firm once represented the family of a woman who was killed when the driver of the commercial truck in which she was riding lost control of the vehicle. We were able to argue that the trucking company was liable on two grounds. First, the company was responsible for the actions of its driver, and permitting passengers to accompany drivers on commercial trips was an inherently unsafe practice. Second, and more critically, we were able to produce evidence that the company had created an incentive program that encouraged its drivers to remain on the road beyond the 11-hour daily driving limit established by the Federal Motor Carrier Safety Administration (FMCSA). Drivers were paid more the longer they stayed behind the wheel, even when doing so required violating federal hours of service regulations. In this case, the driver struggled to stay awake, lost control of the truck, and caused the fatal crash. The trucking company’s incentive program had negligently contributed to the chain of events that took our client’s life.

This is just one example of how a trucking company can bear liability for a passenger’s death. The specific facts of your case will determine which legal theories apply and who can be held accountable. The only way to know for certain is to speak with an experienced San Antonio truck accident attorney who can evaluate the circumstances and advise you on your options.

When a Third Party Is Liable

Not every fatal 18-wheeler accident is caused by the truck driver or the trucking company. Manufacturers of defective truck parts, negligent drivers of other vehicles, and even government entities responsible for road maintenance can all be responsible for causing a fatal crash. When a passenger inside a commercial truck is killed as a result of another party’s negligence, the legal picture becomes even more intricate.

Even when a third party caused the wreck, the trucking company may not be entirely off the hook. Your loved one would not have been in that truck had the company not allowed it. Courts and juries are asked to apportion liability among all the parties whose negligence contributed to the fatal outcome, and that process can be fiercely contested. Each defendant — the party that caused the crash, the trucking company, and their respective insurers — will attempt to shift as much blame as possible onto the others. You need San Antonio 18-wheeler accident lawyers with the experience to identify every liable party, gather the evidence necessary to prove each one’s negligence, and present a compelling case that holds all of them fully accountable.

Types of Compensation Available After a Fatal Truck Accident

When a loved one is killed while riding as a passenger in a commercial truck, your family has the right to seek two distinct categories of damages: wrongful death damages and survival damages.

Wrongful death damages are intended to compensate the immediate family — spouse, children, and parents — for the financial and emotional harm caused by the loss. These damages can include compensation for lost monetary support, loss of companionship and society, loss of parental or spousal services, psychological counseling for surviving family members, and in some cases exemplary damages intended to punish particularly egregious conduct.

Survival damages serve a different purpose. They allow the personal representative of the estate to pursue the compensation the victim would have been entitled to seek had he or she survived the accident with injuries rather than dying. Survival damages can include medical expenses incurred prior to death, compensation for the physical pain suffered during and after the crash, compensation for the mental anguish of facing imminent death, funeral and burial expenses, and exemplary damages. While wrongful death damages are available to the immediate family, survival damages flow first to the surviving spouse, then to children, then to parents, and finally to siblings.

Accurately calculating the full value of these damages requires experience and skill. Juries may readily understand concrete expenses like medical bills and funeral costs, but placing a monetary value on lost companionship, lost parental guidance, or the conscious experience of dying requires an attorney who has spent years handling these cases and knows how to present that evidence persuasively. Your family gets one opportunity to make this case — there are no second chances — so it is essential that you have the right legal team in your corner from the start.

How Our San Antonio Truck Accident Lawyers Can Help

In most fatal truck accident cases, the negligent parties face no criminal consequences. If they are also allowed to escape financial accountability, nothing changes — and other families may pay the price. By pursuing a wrongful death claim, you can hold the responsible parties accountable and send a message that dangerous practices will not be tolerated.

Our attorneys have been litigating wrongful death and 18-wheeler accident cases in San Antonio and throughout Texas for more than three decades. We know how to investigate these cases thoroughly, how to counter the arguments insurance companies and defense attorneys will raise, and how to fight for the full compensation your family deserves. Contact us today for a free consultation and let us explain what we can do for you.