Wrongful Death Cases in Truck Accidents: Who is Liable?

Posted on 08/09/23

Wrongful Death Cases in Truck Accidents

If your loved one died in a fatal truck accident, you’re probably feeling an overwhelming number of emotions. Grief, pain, frustration, and anger may be at the forefront of your mind. And while holding someone liable for your loved one’s death won’t change the past, it could ease the pain a little bit. 

Truck accident cases are often complicated. While the truck driver may have technically been at fault for the accident, several additional parties could also be liable. Review these parties who may be held liable in a truck accident, then work with a wrongful death truck accident lawyer to pinpoint those accountable in your case. 

Who Can Be Liable in a Truck Accident? 

The liable party in your truck crash may have been any of the following parties:

Truck Driver

In some cases, a truck accident is solely the truck driver’s fault. 

Like any driver, truck drivers are responsible for keeping other drivers and pedestrians safe on the road by following traffic laws and preventing accidents. Truck drivers are liable when they make a mistake that causes an accident. 

The truck driver may have been responsible if:

  • They caused the accident by violating traffic laws
  • They were texting and driving
  • They were driving recklessly

Trucking Company

The truck company that employs the driver may also be partially liable for the accident. For example, the trucking company may have:

  • Failed to train the driver adequately before allowing them to drive on their own
  • Neglected to inspect the truck thoroughly and perform the necessary maintenance
  • Forced the driver to work unsafe hours, leading them to drive while fatigued

Trucking companies may be financially liable for accidents even if the driver was completely at fault. Your wrongful death truck accident lawyer can help determine whether this applies to your loved one’s case. 

Truck Manufacturer

If the accident was due to a malfunction with the truck, the manufacturer may be liable. For example, maybe a faulty part led the engine to malfunction when the driver reached a high speed, causing them to veer off the road and hit your family member’s vehicle. 

Commercial trucks have black boxes that record the driver’s activity leading up to accidents. This data may indicate whether one of the truck’s parts malfunctioned or whether another cause, such as reckless driving, led to the accident. 

Connecticut is a Comparative Negligence State

Connecticut’s comparative negligence policy allows multiple parties to be partially responsible for truck accidents. As long as your loved one was no more than 50% responsible for the accident, you can seek wrongful death damages from the liable parties. 

The police officer who reported at the scene may assign a percentage of the blame to all parties involved based on the accident circumstances. After taking a closer look, the insurance company may adjust these percentages to include third parties, such as the trucking company or manufacturer. 

Because liability in a truck accident case can be complicated, it’s important to file a wrongful death claim with the help of a knowledgeable attorney. Your lawyer can help support your loved one’s innocence in the crash and seek maximum compensation to help you and your family recover from this devastating event so you can move on with the least amount of burden on your shoulders. 

Contact a Wrongful Death Truck Accident Lawyer Today

The attorneys at the Law Offices of James A. Welcome will provide compassionate, knowledgeable support throughout your wrongful death case. Call 203-753-7300 to schedule your free consultation with a wrongful death truck accident lawyer.