Filing a Wrongful Death Claim After a Trucking Accident

Fatal tractor-trailer accidents are among the most devastating crashes on North Carolina roads, leaving families grappling with unimaginable loss and financial uncertainty. At Miller Law Group, we are committed to helping surviving family members understand their legal rights after a semitruck fatality. In this article, we explain what makes a commercial truck accident more dangerous than other types of crashes, what qualifies as a wrongful death claim, and what it takes to hold the responsible parties accountable.

Commercial truck accidents pose serious risks due to the complexity of operating these massive vehicles safely, and the consequences can be devastating when something goes wrong.

Collisions involving 18-wheelers are especially dangerous because of the size and weight of these vehicles. A fully loaded truck can stretch up to 176 feet in length and weigh up to 40 tons, roughly 20 times more than a typical passenger car. This massive size means they require significantly more time and distance to come to a complete stop, increasing the risk of high-impact crashes. In addition, 18-wheelers have large blind spots on all sides, making it easy for smaller vehicles to go unnoticed. When truck drivers fail to account for these factors, the results can be catastrophic, often leading to more severe injuries or fatalities than accidents that occur with cars.

Several common factors contribute to a commercial truck accident:

• Driver Fatigue: Truck drivers often work long hours, and even with federal regulations limiting drive time, fatigue remains a leading cause of serious accidents.
• Overloaded Trucks: When a truck is loaded beyond its legal weight limit, it becomes harder to control, takes longer to stop, and is more likely to experience mechanical failure. Excess weight also increases the force of impact in a crash.
• Mechanical Failure: Worn brakes, tire blowouts, defective lights, and other maintenance issues can all lead to a serious or fatal tractor-trailer accident in North Carolina. Regular inspections are required, but corners are sometimes cut to save time or money.
• Negligent Operation: This includes distracted driving (such as texting behind the wheel), driving under the influence of alcohol or drugs, speeding, or ignoring traffic signs and road conditions. Even one careless decision can cost someone their life.

As of June 6, 2025, there have been 2,376 reported accidents involving large trucks and buses in North Carolina this year. These crashes resulted in 52 fatalities and 1,829 injuries—numbers that highlight the deadly consequences of commercial trucking negligence.

Under North Carolina law, a wrongful death claim can be filed when a person dies due to someone else’s negligence, including in a commercial truck accident. These claims are civil in nature and focus on compensating the victims’ surviving loved ones for their losses.

In fatal truck accident cases, the personal representative of the deceased’s estate (often a close family member) is the one legally authorized to file the lawsuit. This representative acts on behalf of the estate and eligible surviving relatives, such as a spouse, children, or parents.

If your loved one was killed in a commercial truck accident caused by negligence, you may have the right to seek compensation for:

• Medical expenses related to the injury
• Funeral and burial costs
• Loss of the deceased’s income and benefits
• Pain and suffering endured by the deceased before death
• Loss of companionship, support, and services

A wrongful death attorney in NC can help you understand your rights and build a case that reflects the full extent of your loss.

When filing a wrongful death lawsuit, success depends on showing that the truck driver, trucking company, or another responsible party acted negligently and that those negligent actions directly caused your loved one’s death. Winning a wrongful death lawsuit depends heavily on the strength of your evidence—such as accident reports, black box data, driver logs, maintenance records, and expert testimony—to prove fault and support your claim for compensation.

To prove liability in a semitruck fatality case, your wrongful death attorney in NC will need to establish four essential elements:

• Duty of Care: The defendant had a legal responsibility to act in a safe and reasonable manner. For example, a truck driver must follow traffic laws and drive responsibly.
• Breach of Duty: The defendant failed to uphold that duty, such as speeding, driving while impaired, or skipping required vehicle maintenance.
• Causation: The breach directly caused the fatal accident, meaning the crash would not have happened if the defendant had acted appropriately.
• Damages: The surviving family must demonstrate the harm suffered, such as medical expenses, funeral costs, lost income, and emotional pain and suffering.

Third Parties That May Share Liability in a Truck Accident

In many commercial truck accident cases, liability doesn’t stop with the driver. Other third parties may also be held accountable, such as:

• The truck manufacturer if a defective part or design flaw contributed to the crash
• Freight or cargo loaders who overloaded or failed to properly secure cargo
• Maintenance or repair providers who ignored known safety issues or performed inadequate repairs

A skilled wrongful death attorney will ensure no responsible party is overlooked—maximizing your claim and protecting your rights at every stage.

Truck accident cases are some of the most complex personal injury claims. These cases often involve multiple liable parties and are governed by a mix of state and federal regulations. Successfully pursuing compensation after a semitruck fatality requires not just legal knowledge, but a deep understanding of how the trucking industry operates.

An experienced wrongful death attorney in NC can handle every part of your claim. At Miller Law Group, we know how to:

• File and manage all necessary insurance documents
• Build a strong case against the truck driver, the trucking company, and any third parties
• Locate and interview witnesses
• Accurately assess the value of your lawsuit based on economic and non-economic damages
• Negotiate with insurers and defense lawyers
• Keep you informed every step of the way

We treat every case with the personal attention it deserves. Whether your loss occurred in a high-profile crash or single-vehicle incident, your story matters. We are here to support your family and fight for accountability. Losing a loved one in a semitruck fatality is an unimaginable tragedy. While no legal outcome can undo that loss, holding negligent parties accountable can bring financial relief and a measure of justice.

You do not have to face this legal process alone. Miller Law Group has the experience and dedication to stand with you. Contact us today to schedule a free consultation with a compassionate team that knows how to fight for justice in the wake of a fatal tractor-trailer accident in North Carolina.