Losing a loved one in a crash involving a commercial truck is devastating. The emotional toll is immense—and for many families, the financial burden can be just as overwhelming. When a trucking company’s negligence plays a role in that loss, Missouri law allows the surviving family members to pursue a wrongful death action. These cases are not just about compensation—they are about holding the company accountable for the harm caused.
Understanding Wrongful Death Under Missouri Law
Under Missouri Revised Statutes § 537.080, certain family members have the legal right to bring a wrongful death lawsuit when someone dies due to the negligent or wrongful act of another. In the case of a fatal trucking accident, that “other” party can be the truck driver, the trucking company, or any party responsible for maintaining or loading the vehicle.
Eligible parties to file a wrongful death case include:
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Spouses
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Children or descendants
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Parents of the deceased
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Siblings or a court-appointed plaintiff if no direct relatives are available
Damages can include funeral expenses, medical bills before death, loss of companionship, lost future income, and more.
Who Can Be Held Responsible
In trucking cases, liability may extend far beyond the individual driver. The following parties are commonly named as defendants in Missouri wrongful death claims:
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The Truck Driver – if they were speeding, driving under the influence, fatigued, or failed to follow safety laws.
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The Trucking Company – for hiring unqualified drivers, failing to properly train or supervise them, or forcing them to meet dangerous delivery schedules.
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Maintenance Providers – if poor maintenance led to brake failure, tire blowouts, or other mechanical problems.
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Loading Companies – if cargo was improperly secured, causing instability.
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Truck Manufacturers – in cases involving defective parts or design flaws.
These companies often carry large insurance policies and will have aggressive legal defense teams. That’s why a strong legal strategy is essential from day one.
Steps to Take to Begin a Wrongful Death Claim
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Preserve All Evidence
After a crash involving a commercial truck, the trucking company will immediately begin investigating and protecting its interests. It’s critical for the family to act quickly to secure evidence such as dashcam footage, black box data, driver logs, phone records, maintenance history, and more. -
Hire a Lawyer Immediately
Trucking companies are regulated by both federal and state laws. These cases are complex. An experienced wrongful death attorney can issue preservation letters, retain accident reconstruction experts, and obtain vital records that may otherwise disappear. -
File Within Missouri’s Statute of Limitations
Under Missouri law, the wrongful death lawsuit must generally be filed within three years of the date of death. Missing this deadline may forever bar your claim, regardless of how strong the evidence is. -
Calculate Full and Fair Damages
Determining the value of a wrongful death case involves reviewing income loss, medical bills, funeral expenses, emotional suffering, and loss of guidance and companionship. An attorney can work with financial experts to calculate what your family is owed. -
Prepare for Litigation or Settlement
Many trucking companies and insurers will try to settle early for far less than the claim is worth. A well-prepared attorney is ready to go to trial if necessary and will not settle unless the offer fully reflects your loss.
Why These Cases Require Immediate Action
Trucking companies are subject to federal regulations from the Federal Motor Carrier Safety Administration (FMCSA), which require detailed logs and records. However, those records can legally be destroyed after a limited time—often as little as six months. Early legal intervention ensures that these records are preserved and that a full investigation takes place.
Call HUBBARD & KURTZ, L.L.P. for Your Wrongful Death Claim
The attorneys at HUBBARD & KURTZ, L.L.P. are dedicated to providing compassionate support and vigorous representation for families dealing with wrongful death cases. Our firm is equipped with the knowledge and experience to handle the complexities of these claims, ensuring you receive the justice and compensation you deserve.
If you are facing the tragedy of losing a loved one due to someone else’s negligence in Kansas, reach out to HUBBARD & KURTZ, L.L.P. at (816) 472-4673 or toll-free at (877) 535-1163. We are here to support you every step of the way, providing the legal expertise needed to honor your loved one’s legacy and secure your family’s future.
