When to Talk to a Lawyer After a Truck Accident Kills a Loved One

 Posted on June 25, 2025 in Truck Accidents

Losing a family member in a truck accident is one of the most devastating events you can experience. In the aftermath, families must often cope not only with grief but also with overwhelming medical bills, funeral costs, loss of income, and other losses. During this painful time, talking with an experienced wrongful death lawyer as soon as possible can increase your chances of securing the highest available amount of compensation and holding the at-fault party accountable.

We know that no amount of money can replace your family member, but it can provide for your financial future and bring you a sense of justice served. Our knowledgeable Winnebago County, IL wrongful death attorneys can answer your questions, pursue maximum compensation on your behalf, and focus on the legal details so you can concentrate on healing after the loss of your loved one.

Are Fatal Truck Crashes Common?

According to the National Highway Traffic Safety Administration, large trucks were involved in 4,503 fatal crashes in 2023 in the U.S., resulting in 5,022 deaths. Passenger vehicle occupants accounted for 68 percent of these fatalities. The Illinois traffic crash report for 2023 shows the state recorded 122 deaths from 103 fatal crashes involving large trucks. Of those killed in Illinois, only 16 were occupants of a tractor-trailer.

What Are Common Causes of Fatal Truck Collisions?

Fatal semi-truck crashes are often the result of preventable and negligent mistakes. The most common causes of these collisions include:

• Driver fatigue
• Distracted driving
• Speeding or driving too fast for conditions
• Driving under the influence of alcohol, drugs, or medications
• Improper lane changes or unsafe passing
• Running red lights or stop signs
• Mechanical failures, such as brake or tire problems
• Unsecured or shifting cargo
• Failing  to check blind spots before turning or merging

Large trucks also require much more time and distance to stop. For example, a fully loaded semi-truck traveling at 65 miles per hour needs 525 feet to come to a full stop under good conditions, while a car traveling at the same speed requires only 316 feet. This fact makes avoiding a collision much more difficult for a truck, especially in emergencies.

In many cases, a detailed investigation is needed to determine the cause of a fatal semi crash. We know what to look for and how to gather the evidence needed to prove fault.

What Makes a Truck Collision So Dangerous for Passenger Vehicle Occupants?

Car, SUV, and pickup truck occupants are often catastrophically or fatally injured in tractor-trailer accidents, while people in the semi may not sustain any injuries. While that may seem incredibly unfair, physics can explain this fact.

Tractor-trailers and other large commercial vehicles can weigh up to 80,000 pounds when fully loaded, while passenger vehicles usually weigh between 3,000 and 5,000 pounds. This huge imbalance causes what is known as crash incompatibility, where the smaller vehicle absorbs most of the energy during a collision.

Passenger vehicles can be crushed in a truck crash. Others may be forced into a rollover. When a semi hits a car, the outlook for motorists and their passengers is often grim.

What Losses Can Families Face After Losing a Loved One to a Truck Accident?

When a fatal truck accident occurs, the family’s losses can be far-reaching and overwhelming. You may face both financial hardship and emotional distress. Common types of wrongful death damages include:

• Medical expenses for the injured before death
• Funeral and burial costs
• Lost income and loss of future earnings
• Loss of household services and support
• Loss of companionship, guidance, and emotional support for minor children
• Pain and suffering

Illinois law allows only certain relatives, such as spouses, children, or parents, to file a wrongful death claim.

Economic losses, such as medical expenses and lost income, can be calculated precisely using financial records. Non-economic losses, like emotional pain, mental anguish, and loss of consortium, are harder to quantify but can be just as significant. We know how to evaluate your eligibility to file a claim, assess and calculate your damages, and fight aggressively to see you recover the full amount available.

When Should I Contact an Attorney for a Truck Crash Wrongful Death Claim?

You should speak with a lawyer as soon as possible after the fatal truck accident. Important evidence, including video surveillance footage, truck maintenance logs, black box data, and driver log books, can be lost or destroyed over time. Eyewitness memories can also blur as time passes. Contacting us early gives us the opportunity to investigate while the evidence is more readily available.

Consulting us early also allows us to provide guidance about communicating with law enforcement and insurance companies. We can help you avoid missteps that could damage your claim.

In Illinois, you usually have two years from the date of the death to file a wrongful death lawsuit. Waiting too long to contact us may prevent you from recovering any compensation at all.

Why Do I Need a Lawyer for My Truck Accident Wrongful Death Case?

Fatal truck accident cases are complex for many reasons.  More than one party could be liable for the truck’s part in causing the crash, including the driver, the trucking company, the cargo loaders, the maintenance providers, or a parts manufacturer.

Illinois uses comparative fault rules, which means that even if the deceased was partially responsible for causing the fatal accident, you may still be able to collect compensation. However, insurance companies often try to manipulate fault assignments to their advantage. If the deceased’s fault was over 50 percent, you cannot pursue a wrongful death claim. If his or her fault was less than 50 percent, the amount you could receive is reduced by that percentage.

Our skilled lawyers can investigate the crash, determine all at-fault parties, and ensure that any fault assigned to your family member is fair. We can file multiple claims if more than one party contributed to causing the death.

We will also negotiate with liable insurance companies. We will guide you through settlement offers, explain the pros and cons of accepting or rejecting them, and prepare you for trial if needed. If your case goes to trial, our extensive litigation experience and winning track record will serve you well. Everything we do on your behalf is intended to maximize your compensation while minimizing your stress.

Speak to Our Experienced Winnebago County, IL Wrongful Death Attorneys

Losing a loved one in a truck accident is a life-changing event. You do not have to face the aftermath alone. At Mannarino & Brasfield, A Division of Schwartz Jambois, our experienced Rockford, IL truck accident lawyers understand the challenges you are facing. We provide exceptional legal representation and will always aggressively pursue the justice and compensation you deserve. Contact us online or by calling 815-215-7561 today to schedule your free case review. Let us help you hold the responsible parties accountable and move forward with your life.