July 11, 2025
Legal Rights for Families After Fatal Semi-Truck Accidents
Losing a loved one in a semi-truck accident is devastating. Family members of the victim are left asking tough questions while dealing with grief, medical bills, and plenty of uncertainty. Knowing your rights and what compensation you’re entitled to makes a big difference as you start putting your life back together. This guide walks through the basics of semi-truck accident wrongful death claims in Nevada, including what damages you can sue for, who might be held responsible, and how the process works.
What Is a Wrongful Death Claim?
A wrongful death claim allows surviving family members to seek compensation when someone dies due to another party’s actions—or failure to act. In the context of a fatal truck accident, this often means negligence by the driver, the trucking company, or others involved in operating or maintaining the vehicle. The goal of a wrongful death claim is to assign blame and recover money to ease the financial pressure families often face after losing a loved one.
Who Can File a Wrongful Death Lawsuit in Nevada?
Not just anyone can file a wrongful death claim on behalf of the deceased. Nevada law clearly defines who qualifies to bring a lawsuit, including:
- Spouses or domestic partners
- Biological or adopted children
- Parents (if the deceased left behind no spouse or children)
- Personal representatives of the estate (if there’s no close family or certain damages belong to the estate itself)
Under Nevada law, close friends, girlfriends, boyfriends, finances, and unregistered partners don’t have legal standing to file, even if the loss feels just as deep.
Who Is Liable for a Semi-Truck Accident?
Determining who can be sued in a truck accident case isn’t always straightforward because several parties could be at fault. Nevada law allows you to pursue claims against anyone who played a role in the crash, which might include:
- The truck driver: If the driver was speeding, driving while distracted, under the influence, or violating safety regulations, they may be personally liable.
- The trucking company: If the company cut corners on training, pushed drivers to break hours-of-service laws, or failed to maintain the vehicle properly, it could share some responsibility.
- The truck manufacturer: If a defect in the vehicle contributed to the crash, the company that built the truck—or specific components like brakes or tires—could be partly at fault.
- Cargo loaders: Overloaded or poorly secured cargo can cause accidents, meaning the people who loaded the truck may share the blame.
- Maintenance providers: A third-party mechanic who skipped steps or ignored issues during a service check could also be liable.
What Fatal Truck Accident Compensation Can Families Seek?
Compensation after a fatal truck accident covers a broad range of financial and emotional losses known as economic and non-economic damages. These may include:
- Medical bills: If the deceased received care before passing away, those bills can be claimed.
- Funeral and burial expenses: These can add up quickly and are typically covered under a wrongful death lawsuit.
- Lost wages and benefits: You can claim the income your loved one would have earned, along with benefits like health insurance, retirement contributions, and pension plans the family relied on or expected to receive.
- Loss of companionship and support: These emotional losses are harder to quantify but are just as significant as economic damages.
- Pain and suffering: Surviving family members may be compensated for the emotional distress of losing a loved one.
- Punitive damages: In cases where the truck driver or company acted with conscious disregard for the safety of others, such as by driving drunk or willfully violating safety rules, families might also be awarded punitive damages to punish the perpetrator and discourage similar conduct from others.
How Does Comparative Negligence Impact Your Claim?
Nevada follows the modified comparative negligence rule, meaning compensation is reduced if your loved one was partly at fault for the accident. For example, investigators may find a reckless truck driver 80% responsible and your loved one 20% at fault, perhaps because they were speeding or distracted by their cell phone. In this case, the compensation would be reduced by 20%.
It’s important to note that if your loved one is found more than 50% at fault, you won’t be able to recover any damages at all. This is why conducting a thorough investigation and accurately assigning fault is so important.
What Is the Statute of Limitations for Filing a Claim?
Nevada gives families two years from the date of the person’s death to file a wrongful death lawsuit. This might sound like a long time, but it’s important not to delay. Gathering evidence, speaking to witnesses, and calculating damages all take time. If the deadline passes, your claim could be dismissed entirely, even if you have a strong case.
How Can an Attorney Help?
Filing a truck driver negligence lawsuit isn’t something most people are prepared to handle alone. Multiple moving parts, tight deadlines, and aggressive insurance companies put you at risk of accepting a payout that’s lower than you deserve. Here’s how having an experienced attorney can protect your family’s legal rights after a fatal semi-truck crash:
- Investigate the accident by gathering evidence, talking to witnesses, pulling truck logbooks, and working with accident reconstruction professionals.
- Identify liable parties and determine who you can hold legally responsible.
- Estimate what your claim is worth, factoring in financial losses and emotional suffering.
- Handle negotiations with insurance companies so you don’t have to.
- File a lawsuit if settlement negotiations stall or fail.
Speak with Our Semi-Truck Accident Wrongful Death Lawyer
In the aftermath of a devastating truck crash, you need a knowledgeable personal injury attorney to help you recover the compensation you deserve. Carvalho & Associates Attorneys at Law has over 30 years of experience filing Nevada fatal truck case lawsuits. Our team is available 24/7 and has built a reputation for winning high-profile cases across Nevada. Schedule a free initial consultation with our wrongful death lawyer in Las Vegas, and we’ll help you take the next step forward.