Can You File a Wrongful Death Claim After a Fatal Truck Accident in Colorado?

Semi-truck accidents can have tragic consequences. Due to their massive size and weight, commercial trucks are more likely to cause fatal injuries than passenger vehicles, especially in high-speed collisions or situations involving multiple vehicles. When a truck crash leads to the death of a loved one, families are often left facing overwhelming emotional pain and financial uncertainty.

If someone close to you was killed in a truck accident in Colorado and another party was at fault, you may be able to pursue a wrongful death claim. This type of claim is a civil legal action intended to hold negligent individuals or companies financially accountable for causing a preventable death. In truck accident cases, wrongful death claims often involve both the driver and the trucking company, as well as any third parties responsible for maintenance or loading.

At Pribila and Fields, our Colorado Springs truck accident attorneys have represented many families in wrongful death cases. We understand the challenges you are facing and can help you take action during this difficult time.

Who Has the Right to File a Wrongful Death Claim in Colorado?

Colorado law outlines a very specific order of priority for who may file a wrongful death lawsuit. In the first year following the death, only the surviving spouse has the legal right to bring a claim. During the second year, the decedent’s children may also file, either individually or jointly with the spouse. If the deceased person was unmarried and had no children, the right to file may pass to the parents.

There are also situations where the decedent may have named a designated beneficiary, particularly in cases involving non-marital relationships or domestic partnerships. The rights of this individual will depend on the specifics of the case and must be carefully reviewed.

Regardless of who is filing the claim, time is limited. Colorado law imposes a two-year statute of limitations for wrongful death actions. This means you have two years from the date of your loved one’s passing to file the lawsuit in court. In some rare cases, exceptions may apply, but generally, failure to file within the deadline results in losing the right to pursue compensation entirely.

To avoid delays or missed opportunities, it is important to speak with a knowledgeable attorney as soon as possible. Our wrongful death attorneys can help you understand your eligibility and guide you through the legal process.

Liability in Fatal Truck Accidents: Who Can Be Held Responsible?

Wrongful death cases involving semi-trucks are often more complex than other fatal accidents. These claims frequently involve multiple parties, each of whom may share some responsibility for the collision. Depending on the circumstances, the following individuals or entities may be held liable:

• The Truck Driver: If the driver was speeding, distracted, fatigued, or impaired at the time of the crash, they can be held personally responsible for the death.
• The Trucking Company: Employers may be liable for negligent hiring, improper training, failure to enforce safety protocols, or pushing drivers to violate hours-of-service rules.
• Maintenance Contractors: If a third party was responsible for inspecting or repairing the vehicle and failed to do so properly, they may be part of the lawsuit.
• Loading Companies: Improper cargo loading or unsecured freight can cause serious balance and control issues, especially on curves or inclines.
• Manufacturers: If a defective part such as brakes or tires contributed to the accident, the manufacturer of that part could be liable under product liability law.

Each of these parties will likely have their own insurance providers and legal representation. Investigating the cause of the crash and determining liability requires experience, thorough documentation, and the ability to anticipate the defense strategies that these companies may use to avoid paying a fair settlement.

Our team at Pribila and Fields is experienced in handling multi-party litigation and can help ensure that no responsible party is overlooked. Learn more about how we approach these complex claims on our truck accident page.

Types of Compensation Available in a Wrongful Death Claim

Losing a loved one in a trucking accident often leads to significant financial consequences, in addition to the emotional pain of the loss itself. Colorado law allows for several types of damages in a wrongful death claim. These may include:

• Medical expenses related to the final injury
• Funeral and burial costs
• Loss of income and financial support the deceased would have provided
• Loss of companionship, emotional support, and guidance
• Emotional distress suffered by the surviving family

In some situations, punitive damages may also be awarded. These are not designed to compensate the family but rather to punish the at-fault party for especially reckless or intentional misconduct. For example, if a trucking company knowingly allowed an unsafe vehicle on the road, or if the driver had a history of violations and was hired anyway, the court may consider awarding punitive damages.

Every case is different, and the total compensation available will depend on the specific facts, the financial impact of the loss, and how the courts interpret the available evidence. Our firm works with economists, medical experts, and other specialists to calculate a fair value that reflects both the economic and emotional impact of the death.

Taking the First Step Toward Justice

Deciding to pursue a wrongful death claim is never easy, but it may be the most important step you take to protect your family’s future. Compensation from a successful claim can ease the financial burden, provide stability for children or dependents, and hold negligent parties accountable so that similar tragedies are less likely to occur.

At Pribila and Fields, we are committed to providing compassionate, thorough legal support to families who have lost loved ones in truck crashes. We understand that no amount of money can replace your loss, but we believe you deserve answers, accountability, and support during this time.

If you have questions about your legal options or would like to speak with someone about filing a wrongful death claim, contact us today to schedule a free and confidential consultation.