Losing a family member in a commercial truck accident is a grief that no legal process can reach. But beneath that grief, your family may also face real and pressing questions: What happened? Who is responsible? What are your rights under Texas law? These are the cases Patterson Law Group takes most seriously — because every wrongful death claim represents a family that deserves honest answers, meaningful accountability, and the financial stability to move forward.
Texas law gives surviving family members the right to pursue compensation for the losses caused by a loved one’s death in a truck accident. This page explains how wrongful death claims work under Texas law, who can file, and what your family may be entitled to recover.
The Texas Wrongful Death Act
Texas wrongful death claims are governed by the Texas Wrongful Death Act, codified at The Act establishes that when a person’s death results from another party’s wrongful act, neglect, carelessness, or default, certain surviving family members have a legal right to seek compensation.
To establish a wrongful death claim, surviving family members must prove the same elements the deceased would have had to prove in a personal injury case: that the defendant owed a duty of care, that the defendant breached it, and that the breach caused the death. In a Dallas truck accident case, this means demonstrating that the truck driver, the trucking company, or another responsible party acted negligently.
Who can file a wrongful death claim in Texas?
Under the Texas Wrongful Death Act, the following family members have standing to file:
Surviving spouse
Children (including adult children)
Parents
Siblings, grandparents, and other extended family members do not have standing under Texas law, regardless of how close they were to the deceased or whether they depended on them financially. If none of the qualifying family members files a claim within three months of the death, the executor or administrator of the estate may file on the estate’s behalf.
If you lost a loved one in a Dallas truck accident — what to do in the days after the crash
The days following a fatal truck accident are overwhelming. These steps can protect your family’s legal rights during that time:
Request a copy of the medical examiner’s report and the official police crash report as soon as they are available — both are foundational to any claim
Do not sign anything from the trucking company’s insurer, including any release, settlement offer, or authorization form — even something described as routine
Preserve the deceased’s vehicle exactly as it was — do not authorize repairs or release the vehicle until an attorney has reviewed its evidentiary value
Note any witnesses, bystanders, or first responders who were present and may have observed the crash
Contact a wrongful death attorney before making any statement to the trucking company, its insurer, or any third-party claims representative — what you say in those conversations can be used to limit your family’s recovery
Wrongful death claims vs. survival claims
Texas recognizes two distinct types of claims arising from a fatal truck accident, and both can be pursued simultaneously:
Wrongful death claims are brought by surviving family members for their own losses — what the death cost them personally. These are the primary claims discussed on this page.
Survival claims are brought on behalf of the deceased’s estate for losses the deceased experienced between the time of the accident and death. In crashes that produce immediate death, the survival claim may be limited. But when a victim survived for hours or days — enduring pain, medical treatment, and awareness of what was happening — the survival claim can be substantial. An experienced attorney ensures both avenues are fully pursued.
What compensation can surviving families recover?
Wrongful death damages in Texas truck accident cases go beyond out-of-pocket financial losses. Surviving family members may recover:
Pecuniary losses — the income, benefits, and economic value of services (childcare, household management, financial planning) the deceased would have contributed to the family over their lifetime
Loss of companionship and society — the loss of the love, comfort, guidance, and presence that the deceased provided; this is a compensable loss for surviving spouses, children, and parents
Mental anguish — the grief and emotional suffering experienced by each qualifying family member as a result of the loss
Loss of inheritance — what the family would reasonably have inherited had the deceased lived a normal lifespan
Funeral and burial expenses — reasonable costs associated with final arrangements
In Dallas truck accident wrongful death cases where carrier or driver conduct was particularly reckless — knowingly deploying a fatigued or impaired driver, ignoring documented safety violations, operating a truck with known equipment defects — punitive (exemplary) damages may also be available on top of compensatory damages.
If your family lost someone in a Dallas truck accident, we are here to help. Call Patterson Law Group at 817-784-2000 or contact us online for a free, confidential consultation. There is no fee unless we recover compensation for your family.
The statute of limitations for wrongful death in Texas
In most Texas wrongful death cases, the filing deadline is two years from the date of death. A lawsuit filed after that deadline will almost certainly be permanently barred — regardless of how strong the underlying claim is.
That two-year window should not create a sense that there is time to wait. Evidence in commercial truck accident cases — ELD data, black box recordings, driver qualification files, maintenance records, and surveillance footage — can be lost, overwritten, or altered within days or weeks of a crash. Trucking companies and their insurers deploy experienced response teams immediately after a fatal accident. Surviving families need an attorney working just as quickly on their side.
Why Dallas truck wrongful death cases are complex
Fatal truck crashes in Dallas involve layers of complexity that distinguish them from many other wrongful death cases. Multiple parties may be legally responsible — the driver, the carrier, a cargo loading company, a parts manufacturer, or a third-party maintenance contractor. Multiple insurance policies may be implicated — primary liability coverage, umbrella policies, cargo insurance — with carriers and insurers each attempting to limit their exposure.
Federal regulations govern nearly every aspect of how the truck should have been operated and maintained. When those regulations were violated, the violations become central to the liability case. And crashes on high-fatality stretches like the Mixmaster interchange or the Stemmons Corridor often involve multiple contributing factors that require careful reconstruction.
Dallas County civil courts are where these cases are ultimately resolved if they do not settle. Patterson Law Group tries cases in Dallas County regularly and understands how Dallas County juries evaluate trucking company conduct.
How Patterson Law Group works with grieving families
No amount of compensation replaces what a family loses when a loved one is killed in a truck accident. We do not pretend otherwise. Our goal is to make sure the people responsible face full accountability and that your family has the financial security to move forward without additional hardship.
When Patterson Law Group handles a wrongful death truck accident case in Dallas, we:
Move immediately to preserve evidence — sending spoliation letters, securing ELD and black box data, and demanding maintenance, driver qualification, and safety records before they can be altered or destroyed
Investigate every potential cause of the crash and identify all responsible parties
Work with economic experts to document the full value of the financial contributions your loved one would have made over their lifetime
Handle all communication with the trucking company, its insurer, and defense counsel so your family does not have to
Keep you informed at every stage without adding to an already overwhelming burden
Prepare the case for trial in Dallas County if the responsible parties do not offer full and fair compensation
We handle wrongful death truck accident cases on a contingency fee basis. You pay no attorney’s fees unless we recover compensation for your family.
Ready to speak with a Dallas wrongful death lawyer? Call Patterson Law Group at 817-784-2000 or . Consultations are free and confidential. No fee unless we win.
Frequently asked questions
Can all qualifying family members file separate claims? In Texas, the surviving spouse, children, and parents each have an independent right to file. In practice, all claims arising from the same death are typically consolidated into a single lawsuit. Damages are then allocated among the surviving family members based on each person’s individual losses. Our team works with all qualifying family members to ensure that every loss is fully documented and presented to the court.
What if the truck driver was also killed in the crash? The driver’s death does not end the case. The trucking company remains liable under respondeat superior for the driver’s conduct and may face additional direct negligence claims for its own failures — maintenance, hiring, supervision, training. Other potentially responsible parties such as cargo loaders, manufacturers, and maintenance contractors can also still be pursued.
How is loss of companionship calculated in Texas? There is no formula. Texas juries have broad discretion to award damages for loss of companionship and society based on evidence of the relationship between the deceased and the surviving family members. Testimony from family, friends, coworkers, and community members — supported by documentation of the role the person played in the family’s life — builds the foundation for a fair award. This is an area where experienced legal representation consistently makes a difference in outcome.
Talk to a Dallas wrongful death lawyer today
If you lost a family member in a truck accident in Dallas or anywhere in the metro, you do not have to navigate this alone. Patterson Law Group offers free, confidential consultations and will come to you if you are unable to travel. Call us at 817-784-2000 or . There is no fee unless we recover compensation for your family.
Related reading: | |
For more information, visit our main Dallas Truck Accident Lawyer page.