posted By Anthony Holm
In 2023, Texas had 705 large trucks involved in fatal crashes, more than any other state in the country, according to NHTSA’s National Center for Statistics and Analysis. If your family lost someone in a collision with an 18-wheeler, a semi-truck, or any commercial vehicle, you have legal rights under Texas law and a narrow window to act on them. The Big Dog Truck Accident Lawyer fights for Texas families across the state who are navigating wrongful death claims after a fatal truck crash. Call today for a free consultation. You pay nothing unless we win.
A wrongful death claim is a civil lawsuit filed by surviving family members when someone dies because of another party’s negligence, carelessness, or reckless conduct.
In a truck accident context, that means the trucking company, the driver, or another responsible party caused your loved one’s death. Texas law allows your family to seek financial compensation for what you have lost.
Example: A fatigued truck driver on I-10 near El Paso runs a red light and kills a driver heading home from work. The driver’s spouse files a wrongful death claim against both the driver and the trucking company that pressured him to exceed his legal driving hours. That claim can recover lost income, loss of companionship, funeral costs, and more.
The governing law is Chapter 71 of the Texas Civil Practice and Remedies Code, also called the Texas Wrongful Death Act. It gives your family the exclusive legal remedy for this type of loss.
Texas law is specific about who has legal standing to file. Under Texas Civil Practice and Remedies Code § 71.004, only the following people may bring a wrongful death lawsuit:
If none of these family members files within three months of the death, the executor or administrator of the estate must bring the action, unless all eligible beneficiaries instruct otherwise.
Siblings, grandchildren, and other relatives do not have standing under the Texas Wrongful Death Act. This makes it critical to act quickly and work with an attorney who can establish your eligibility from the start.
Trucking accidents are not simple two-party cases. Multiple parties can share legal responsibility, and identifying all of them is one of the most important things a truck accident lawyer does.
Potentially liable parties include:
Under federal rules, commercial truck drivers cannot drive more than 11 hours within a 14-hour on-duty window after 10 consecutive hours off duty. When a carrier violates these rules and someone dies as a result, that violation becomes direct evidence of negligence in a wrongful death claim.
Anthony Holm investigates every angle. He moves fast to preserve the truck’s black box data, the driver’s electronic logging records, and the trucking company’s safety files. That evidence disappears quickly if you wait.
A wrongful death claim in Texas can recover two categories of damages: economic and non-economic. In cases involving gross negligence, punitive damages are also available under Texas Civil Practice and Remedies Code § 71.009.
Economic damages:
Non-economic damages:
Punitive damages: Available when the trucking company or driver acted with gross negligence, such as knowingly allowing a fatigued driver to stay on the road.
No amount of money replaces a person. But a successful wrongful death claim provides your family with financial stability and holds the responsible parties accountable for what they did.
Texas gives families two years from the date of death to file a wrongful death lawsuit. This deadline is set by Texas Civil Practice and Remedies Code § 16.003(b). Miss it, and the court will almost certainly dismiss your case, regardless of how strong your evidence is.
Note the critical distinction: the clock starts on the date of death, not the date of the accident. If your loved one survived the crash for several weeks before passing, your two-year window begins when they died, not when the collision happened.
Limited exceptions exist. The deadline may be paused if a surviving beneficiary is a minor child. But these exceptions are narrow and courts enforce the two-year rule strictly.
Two years sounds like time you have. It is not. Trucking companies dispatch their own investigators to the scene immediately. Their legal team begins building a defense before your family has finished making funeral arrangements. The sooner Anthony Holm gets involved, the better your family’s position.
Insurance adjusters count on grieving families making these errors. Avoid them:
Anthony Holm is a personal injury and truck accident attorney who takes on trucking companies across Texas, from El Paso to the Rio Grande Valley, from West Texas highways to the Gulf Coast corridor.
He knows how these companies operate. He knows which federal safety regulations they violate most often. And he knows how to hold them accountable when those violations cost someone their life.
When you call The Big Dog Truck Accident Lawyer, Anthony works your case personally. You are not passed to a paralegal or handed off to junior staff. You get direct representation from an attorney who understands what your family is up against, and is ready to fight. Your consultation is free. Call now.
Also read: Questions to ask a texas truck accident attorney at your free consultation
Use this checklist to protect your family’s rights from day one:
Who is responsible for my loved one’s death in a Texas truck accident?
Responsibility can fall on the truck driver, the trucking company, a cargo loader, a maintenance contractor, or multiple parties at once. Texas law allows your attorney to pursue all responsible parties simultaneously. A thorough investigation, including the truck’s black box data and the driver’s Hours of Service logs, determines who bears liability and to what degree.
How long do I have to file a wrongful death claim in Texas?
You have two years from the date of your loved one’s death under Texas Civil Practice and Remedies Code § 16.003(b). That clock starts on the day they died, not the day of the crash. Missing this deadline almost always means losing your right to compensation permanently.
Do I have to pay anything upfront to hire Anthony Holm?
No. The Big Dog Truck Accident Lawyer handles wrongful death cases on a contingency fee basis. You pay nothing unless Anthony wins compensation for your family. Your initial consultation is also completely free.
What if the trucking company’s insurance company already called me?
Do not speak with them. Do not confirm any facts about the accident. Their job is to protect the company’s financial interests, not yours. Tell them your attorney will be in contact, then call Anthony Holm immediately.
Can I still file a claim if my loved one was partly at fault?
Possibly. Texas follows a modified comparative fault rule. As long as your loved one was not more than 50% responsible for the accident, your family may still recover compensation, reduced by their percentage of fault. An attorney can assess the facts of your specific case.
This page has been written, edited, and reviewed by attorney Anthony Holm, Founding Attorney of The Big Dog Truck Accident Lawyer, with more than 20 years of experience representing injured people in truck accident cases across Texas and New Mexico.
