When Truck Accidents Lead to Wrongful Death Lawsuits

 Posted on October 31, 2025 in Truck Accidents

Losing a loved one in a truck accident is one of the most awful experiences a family can face. In addition to grief, families are left with heavy costs from medical bills, the funeral, and losing the  income that their loved one earned.

When a truck accident is caused by someone else’s negligence, Illinois law allows surviving family members to pursue a wrongful death lawsuit. These claims help families recover compensation, find accountability, and begin rebuilding their lives.

The idea of pursuing a lawsuit after losing a loved one can feel overwhelming. You probably have many questions and may be unsure of where to look for answers. This is where the Chicago truck accident attorneys at Schwartz Injury Law come in. Our priority is managing the legal aspects of the case so you can focus on yourself and your family.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil legal action that asks for compensation when a person’s death is caused by another party’s negligence or wrongful conduct. Unlike a criminal case, a wrongful death claim does not try to send the at-fault person to prison. Instead, it allows surviving family members to recover money for the financial and emotional impact of the death. 

Under the Illinois Wrongful Death Act (740 ILCS 180/), families can pursue claims against people or companies whose careless behavior caused a fatal accident. In trucking cases, this may involve a negligent driver, a trucking company that ignored safety regulations, or a manufacturer that sold bad equipment.

Who Can File a Wrongful Death Claim in Illinois?

Only certain people have the legal right to file a wrongful death claim. In Illinois, the lawsuit must be filed by the personal representative of the deceased person’s estate. This person is often a spouse, adult child, or parent. If the deceased named someone else in their will, that person can act as the representative.

While one person files the claim, it is done on behalf of all eligible family members. The law allows surviving spouses, children, and parents of deceased minors to receive compensation. If the deceased had no immediate family, other dependents may sometimes qualify, depending on the case.

What Types of Compensation Are Available in a Wrongful Death Lawsuit?

A wrongful death lawsuit seeks to compensate families for both tangible and intangible losses. The goal is to ease the financial burden that follows a tragedy while recognizing the emotional suffering that cannot be measured in dollars. This compensation is called "damages." 

Damages may include medical expenses related to the fatal injury, funeral and burial costs, and the loss of income the deceased would have made. Families can also seek compensation for the emotional pain of losing a loved one.

In cases where the conduct of the defendant was particularly reckless or intentional, such as a trucking company allowing a driver to drive a truck while intoxicated or fatigued, courts may also award punitive damages. These are meant to punish the wrongdoer and deter similar behavior in the future.

How Long Do Families Have to File a Truck Accident Claim?

Every state imposes a time limit, known as a statute of limitations, for filing wrongful death lawsuits. In Illinois, families generally have two years from the date of death to file a claim. Missing this deadline can permanently take away the right to recover compensation.

There are some exceptions. For example, if the case involves a government vehicle or road maintenance negligence, different notice requirements and deadlines apply. Because truck accident investigations take time, it is wise to consult an attorney as soon as possible after the crash.

Who Can Be Held Responsible for a Truck Accident Death?

Truck accidents often involve more than one responsible party. Understanding who may be held liable requires an in-depth investigation of how the crash occurred and who had control over the truck, the driver, and the cargo.

The Truck Driver

The driver is often the most obvious party at fault. Fatigue, distraction, speeding, or impairment from drugs or alcohol can all lead to deadly mistakes on the road. Federal law strictly limits how many hours a trucker may drive in a single day or week, but violations still happen. When a driver ignores those limits or fails to maintain control of their vehicle, they can be held personally liable.

The Trucking Company

The trucking company may also share responsibility. Companies can be liable for hiring unqualified drivers, failing to conduct background checks, neglecting safety training, or pressuring drivers to meet unrealistic delivery schedules. Illinois law recognizes that an employer can be held accountable for the negligence of its employees when that negligence occurs on the job.

Maintenance Contractors or Mechanics

A truck’s mechanical systems must be inspected and maintained regularly. If poor maintenance leads to brake failure, tire blowouts, or steering problems, the maintenance company or mechanic responsible may be at fault.

Cargo Loaders

Dangerously loaded or unsecured cargo can make a truck unstable and cause it to overturn or lose its load on the road. Companies that handle loading must follow federal weight and balance guidelines. When they fail to do so, they can be held accountable for the consequences.

Manufacturers

Some accidents are caused by defective parts such as faulty brakes, steering components, or tires. In those cases, the manufacturer or distributor of the defective product can be sued under product liability law.

Because of the number of potential defendants, truck accident wrongful death cases are often complex. Large trucking and insurance companies employ their own investigators and legal teams immediately after a crash, which makes it crucial for families to have strong representation of their own.

Call a Joliet, IL Truck Accident Lawyer Today

If your loved one was killed in a truck accident, you deserve answers – and justice. The Kendall County truck accident attorneys at Schwartz Injury Law represent grieving families in complicated wrongful death and trucking cases. Our large, well-resourced firm has the experience, technology, and determination to take on trucking companies and their insurers.

We provide free consultations and handle every wrongful death case on a contingency fee basis. You take no risk in talking with us. Call Schwartz Injury Law at 708-888-2160 today to schedule your consultation. We will listen to your story, explain your options, and fight for accountability.