Who Can Sue for a Wrongful Death in a Construction or Trucking Accident?

Legal Options for Families After a Deadly Worksite or Truck Crash

Construction zones and trucking routes are among the most hazardous work environments in Texas. When someone dies due to unsafe conditions, a negligent driver, or a failure to follow safety laws, their death may be legally classified as “wrongful.” In these cases, the law gives certain surviving family members the right to seek financial compensation and justice through a civil lawsuit.

Wrongful death claims are especially common in construction and commercial trucking incidents because of the high level of risk involved – and because multiple parties may be responsible. From general contractors who cut corners to trucking companies that overload their vehicles or pressure drivers to violate rest laws, the causes of these fatal accidents are often avoidable.

If you’ve lost a spouse, child, or parent in one of these tragic events, understanding your legal rights is critical. This article outlines who can file a claim, how fault is established, what damages may be awarded, and how to get legal help after a fatal construction or truck accident in Texas.

Understanding Wrongful Death Claims in Texas

A wrongful death occurs when someone loses their life due to another party’s negligence or misconduct. In Texas, this type of claim allows certain surviving family members to hold individuals, companies, or entities accountable when preventable mistakes or reckless behavior lead to a fatal outcome.

What qualifies as wrongful death?

Texas law defines wrongful death as a death caused by a “wrongful act, neglect, carelessness, unskillfulness, or default.” These claims are civil lawsuits – separate from criminal cases – and focus on securing financial compensation for the deceased’s family, not punishment for the wrongdoer.

Who can file a wrongful death lawsuit in Texas?

The law allows only a specific group of people to file:

• The surviving spouse
• Children (biological and legally adopted)
• Parents (biological or adoptive)

These individuals can file separately or together. If none of these family members file within three months of the death, the executor or administrator of the deceased’s estate may bring a claim – unless the family requests otherwise.

Wrongful death vs. survival action

It’s important to distinguish between these two:

• A wrongful death claim compensates the family for their losses.
• A survival action seeks damages the deceased person could have claimed had they lived, such as pain and suffering or medical bills prior to death. These go to the estate, not directly to the family.

Understanding these categories helps clarify which type of lawsuit applies and how compensation may be distributed.

Why Construction and Trucking Accidents Often Result in Wrongful Death

Construction sites and commercial trucking routes are among the most fatal environments in Texas. The combination of heavy equipment, high speeds, long hours, and strict deadlines creates a perfect storm for serious – and often fatal – accidents. When safety breaks down, lives are put at risk.

Fatalities in the Construction Industry

Texas consistently reports the highest number of construction-related deaths in the country. Many of these involve:

• Falls from heights: Roofs, scaffolding, or ladders
• Electrocution: Contact with power lines or exposed wiring
• Struck-by incidents: Being hit by falling tools, vehicles, or equipment
• Trench or structural collapses

Even when OSHA safety protocols are in place, they are frequently ignored or poorly enforced. In many cases, multiple subcontractors and site supervisors may share responsibility, making legal claims more complex.

Fatalities in the Trucking Industry

Truck drivers and the public face serious risks from:

• Driver fatigue: Often due to pressure to meet delivery deadlines
• Improper training or licensing
• Overloaded or poorly secured cargo
• Equipment failure: Brake issues, tire blowouts, steering defects
• Distracted or impaired driving

Truck crashes are more likely than car accidents to cause fatal injuries due to the sheer size and weight of commercial vehicles. When trucking companies fail to maintain equipment or push drivers to violate hours-of-service regulations, the risk of wrongful death increases sharply.

Why these deaths often lead to legal claims

Construction and trucking companies have legal responsibilities to protect workers, drivers, and the public. When corners are cut or rules are broken, and someone dies as a result, the survivors may have a strong case for wrongful death – especially when the loss could have been prevented by following basic safety standards.

Texas Wrongful Death Lawsuits in Construction or Trucking Cases

Not everyone affected by a fatal accident can bring a wrongful death lawsuit – Texas law strictly limits who has the legal right to sue. In cases involving construction or trucking fatalities, knowing who qualifies to file is the first step toward holding the responsible parties accountable.

Eligible family members under Texas law

The Texas Wrongful Death Act allows only these immediate family members to file a claim:

• The surviving spouse
• Biological or legally adopted children
• Biological or adoptive parents

These individuals may bring a claim individually or as a group. If they choose not to act within three months of the death, the executor or administrator of the estate may file on their behalf – unless a family member objects.

What if the deceased had minor children?

Minor children are eligible beneficiaries but cannot file a lawsuit on their own. A parent or legal guardian will typically file the claim on their behalf, ensuring any awarded damages are held in trust or managed under court supervision until the child turns 18.

What happens if no one steps forward?

If no spouse, child, or parent brings a claim and no estate claim is filed, potential compensation may go unclaimed. That’s why it’s important for family members to act promptly or consult an attorney early on.

Who cannot file

Under Texas law, siblings, grandparents, stepchildren, and fiancés do not have legal standing to file a wrongful death claim – even if they were emotionally or financially close to the deceased.

When legal standing is disputed

Disputes sometimes arise over whether a claimant qualifies – especially in blended families, common-law marriages, or estranged parental relationships. In these situations, a court may require evidence (such as marriage certificates or custody orders) before allowing the case to proceed.

Understanding your legal standing is essential before initiating a wrongful death case. A qualified attorney can help confirm your eligibility and protect your rights.

Establishing Fault in a Fatal Worksite or Truck Accident

To win a wrongful death case in Texas, it’s not enough to prove that someone died – you must also prove that their death was caused by another party’s negligence or failure to follow legal responsibilities. In construction and trucking cases, this often involves multiple layers of liability and extensive documentation.

What must be proven in court

Four key elements are required to establish legal fault:

1. Duty of care: The at-fault party had a legal obligation to act safely – for example, a contractor ensuring a jobsite complies with OSHA rules or a trucking company maintaining its fleet.
2. Breach of duty: They failed in that obligation – such as ignoring fall protection requirements or allowing unqualified drivers on the road.
3. Causation: The breach directly caused the accident and death.
4. Damages: The death resulted in losses for surviving family members (financial, emotional, etc.).

Common types of evidence used

• Accident reports: Filed by police, OSHA, or company supervisors
• Photographs or video footage of the scene
• Eyewitness accounts from coworkers, bystanders, or other drivers
• Expert analysis: Including accident reconstruction, equipment inspection, or industry standards testimony
• Black box data: From commercial trucks, revealing speed, braking, and driver behavior
• Maintenance logs or safety records showing a history of violations

Specific challenges in these cases

• Construction accidents often involve multiple contractors and subcontractors, making it difficult to determine who was directly responsible. General contractors may be held liable for unsafe site conditions even if they didn’t cause the incident themselves.
• Trucking accidents often point to company liability – not just the driver. Companies may be responsible for improper hiring, failure to maintain vehicles, or encouraging dangerous delivery schedules.

Prompt investigation is critical. Evidence can be lost, altered, or covered up shortly after a fatal incident. Families should consult legal counsel quickly to preserve critical documentation and secure expert analysis before time-sensitive details disappear.

What Damages Can Be Recovered in These Lawsuits

The emotional and financial impact of a fatal construction or trucking accident is overwhelming for surviving families. Texas law allows certain relatives to recover compensation through a wrongful death lawsuit to help relieve the financial burden and recognize the emotional toll of their loss.

Common types of recoverable damages

1. Financial (economic) damages
These cover direct expenses and measurable losses related to the deceased’s life and earnings:

• Medical costs for treatment received before death
• Funeral and burial expenses
• Loss of income the deceased would have provided over their lifetime
• Loss of inheritance the family would have expected

2. Emotional (non-economic) damages
These recognize the personal suffering and impact of losing a loved one:

• Loss of companionship and support (for spouses)
• Loss of guidance and nurturing (for children)
• Mental anguish and emotional pain suffered by survivors

Punitive damages

If the responsible party acted with gross negligence or willful misconduct – such as knowingly violating safety laws or forcing drivers to work while fatigued – the court may award punitive damages. These are meant to punish and deter similar behavior in the future.

Survival action compensation

In some cases, a separate claim called a survival action may be filed. This allows the estate to recover damages the deceased would have been entitled to – such as pain and suffering or lost earnings between the accident and the time of death. These damages are distributed through the deceased’s estate, not directly to surviving family.

How damages are distributed

If the case is successful, the court will typically divide the compensation among eligible family members based on their relationship to the deceased and the extent of their loss. This can be agreed upon privately or determined by a judge or jury if contested.

How Aaron Genthe Can Help Families After a Fatal Accident

Wrongful death cases involving construction or trucking accidents can be legally and emotionally overwhelming. An experienced attorney plays a critical role in helping families secure justice, protect their rights, and pursue the full compensation they’re entitled to under Texas law.

Key ways an attorney can support your case

1. Immediate investigation and evidence preservation
A lawyer will quickly begin gathering key documents, photos, and records before they disappear. In trucking cases, this includes driver logs, black box data, and vehicle inspection reports. In construction claims, it may involve site safety reports, contractor agreements, and OSHA findings.

2. Identifying all liable parties
These cases often involve more than one at-fault party – such as a subcontractor, equipment manufacturer, or trucking firm. A skilled attorney can investigate all angles and bring claims against every entity responsible.

3. Navigating insurance companies
Insurers often try to limit payouts or shift blame. Your lawyer will handle all communication, build a strong claim, and negotiate directly with insurers to protect your family’s interests.

4. Legal guidance and case management
From filing court documents to meeting deadlines, your attorney ensures the case follows Texas civil procedure. They also manage communication between family members and the court, especially in cases with multiple beneficiaries.

5. Trial preparation and representation
If a fair settlement can’t be reached, your lawyer can take the case to trial, presenting expert testimony, accident analysis, and emotional impact evidence to a jury.

No upfront costs for most families

Most wrongful death attorneys in Texas work on a contingency fee basis – meaning you pay nothing unless the case is won or settled. This ensures families have access to legal help without adding financial pressure during an already difficult time.

FAQs About Wrongful Death in Construction and Trucking Cases

What if my loved one was partially responsible for the accident?
Texas follows a modified comparative fault rule. If the deceased was less than 51% at fault, the family can still recover damages – though the final award may be reduced based on their share of responsibility.

Can siblings, grandparents, or fiancés file a wrongful death lawsuit?
No. Texas law allows only the deceased’s spouse, children, and parents to bring a wrongful death claim. Other close relatives do not have legal standing unless they are legal guardians of minor children entitled to compensation.

What is the deadline for filing a wrongful death claim in Texas?
The statute of limitations is generally two years from the date of death. Some exceptions may apply in rare cases involving fraud, late discovery, or minors.

What if the employer or company denies responsibility?
It’s common for companies to deny fault or shift blame. An attorney can launch an independent investigation and gather expert evidence to support your claim, especially in complex workplace or trucking cases.

Can we file claims against more than one party?
Yes. In many wrongful death cases, multiple parties share liability – such as a general contractor and a subcontractor, or a trucking company and a parts manufacturer. Your lawyer can identify all possible defendants and pursue claims accordingly.

Do we have to go to court?
Not always. Many wrongful death cases are settled outside of court. But if the defendant won’t offer a fair settlement, your attorney can take the case to trial to seek full compensation.

What Families Can Do Next After a Fatal Work Accident

If you’ve lost a loved one in a construction or trucking accident, don’t wait to understand your rights. The wrongful death team at Genthe Law Firm is here to help you navigate the legal process, protect your family’s future, and hold the responsible parties accountable.

Call (214) 957-0898 today for a free, confidential consultation.