Truck accidents are among the most devastating crashes on New Jersey roads. Because of their size and weight, commercial trucks can cause catastrophic injuries and tragic fatalities. When a loved one is killed in a truck accident, families often ask: Can wrongful death claims be brought against trucking corporations? The answer is yes, under certain circumstances, trucking companies can be held legally responsible for the deaths caused by their drivers or their corporate negligence.
Understanding how these claims work is essential for families who want justice and financial support after a devastating loss.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed when someone’s death is caused by the negligence, recklessness, or intentional misconduct of another person or entity.
These claims allow surviving family members, such as spouses, children, or parents, to pursue compensation for the financial and emotional losses caused by the death. Damages can include medical expenses, funeral costs, loss of financial support, and loss of companionship.
When Can Trucking Corporations Be Liable?
Wrongful death claims against trucking corporations often arise when negligence at the company level contributed to the fatal accident. Some of the most common scenarios include:
1. Negligent Hiring or Training
If a trucking company hires drivers with poor safety records, DUIs, or without proper qualifications, the company may be liable if that driver causes a fatal accident.
2. Hours-of-Service Violations
Federal regulations limit the number of hours truck drivers can spend behind the wheel. When companies pressure drivers to break these rules, fatigue can lead to deadly crashes.
3. Improper Truck Maintenance
Trucking corporations are responsible for ensuring their fleets are properly maintained. Brake failures, tire blowouts, or steering malfunctions caused by skipped inspections can make the company liable.
4. Overloaded or Improperly Loaded Trucks
Improper cargo loading can cause rollovers, jackknifes, or cargo spills that result in fatalities. When company policies allow or encourage overloading, liability may fall on the corporation.
5. Corporate Policies Encouraging Unsafe Driving
Some trucking companies push unrealistic delivery deadlines, pressuring drivers to speed, ignore rest breaks, or cut safety corners. These practices can expose the corporation to wrongful death claims.
Independent Contractors vs. Employees
One issue that often arises in trucking cases is whether the driver was an independent contractor or an employee. Trucking corporations sometimes argue that they are not responsible for independent contractors. However, courts often look deeper. If the company exercised control over the driver’s schedule, routes, or safety practices, it may still be liable. An experienced attorney can investigate employment relationships to establish corporate responsibility.
Types of Wrongful Death Damages in Trucking Cases
Families may be entitled to a range of damages in a wrongful death claim against a trucking corporation, including:
- Medical expenses related to the final injury
- Funeral and burial costs
- Loss of financial support the deceased would have provided
- Loss of household services such as childcare or maintenance
- Loss of companionship, guidance, and care for surviving spouses and children
In especially egregious cases, families may also pursue punitive damages meant to punish the company for reckless disregard of safety.
How Wrongful Death Claims Differ From Criminal Charges
It’s important to understand the distinction between civil wrongful death claims and criminal charges. A truck driver or company may face criminal prosecution for offenses such as vehicular homicide, DUI, or reckless driving. However, a criminal case is brought by the state and focuses on punishment.
A wrongful death claim, by contrast, is filed by the surviving family to recover compensation. Even if no criminal charges are filed, or if the defendant is acquitted, families may still succeed in a civil wrongful death case.
Proving Liability Against a Trucking Corporation
Wrongful death claims against trucking corporations require thorough investigation and strong evidence. Attorneys may use:
- Driver logs to check for hours-of-service violations
- Electronic logging devices (ELDs) and GPS data to track routes and rest breaks
- Maintenance records to identify neglected repairs
- Employment files showing inadequate screening or training
- Witness statements and crash reconstruction reports
- Corporate policies and communications pressuring drivers to cut corners
This evidence helps show that the death was not just the result of driver error, but also the product of corporate negligence.
Similar Post: The Importance of Black Box Data in New Jersey Truck Accident Investigations
Statute of Limitations in New Jersey
In New Jersey, wrongful death claims must generally be filed within two years of the date of death. Missing this deadline can prevent families from recovering any compensation. That’s why it is critical to consult an attorney as soon as possible after a fatal truck accident.
Why Legal Representation Is Essential
Trucking corporations and their insurers often fight aggressively to avoid liability. They may claim the driver alone was responsible, deny negligence, or try to minimize damages. These companies have teams of lawyers and insurance adjusters working to protect their interests.
Families facing grief and financial stress should not go up against these corporations alone. An experienced wrongful death attorney can level the playing field by:
- Investigating the accident thoroughly
- Preserving critical evidence before it disappears
- Identifying all liable parties, including the trucking company, driver, and others
- Calculating the full value of the family’s losses
- Negotiating with insurers or taking the case to trial if necessary
Call Blume Forte Attorneys at Law Today
If you have lost a loved one in a truck accident, you may have the right to bring a wrongful death claim against the trucking corporation involved. At Blume Forte Attorneys at Law, we have decades of experience holding powerful companies accountable for the devastation they cause.
Our attorneys understand the unique challenges of trucking accident cases. From federal regulations to complex insurance issues, we are committed to securing justice for your family. With offices across New Jersey, we are here to guide you through this difficult time and fight for the compensation you deserve.
Call us today at 973-845-4421 or fill out our online contact form for a free consultation. Let Blume Forte Attorneys at Law stand by your side and pursue the justice your loved one deserves.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.
