If you lost a loved one in a fatal truck crash in New Orleans, Louisiana law may allow you to file a wrongful death claim against the truck driver, the trucking company, or other responsible parties. This claim is separate from any criminal case and is meant to help surviving family members recover compensation for the losses caused by their loved one’s death.
Losing a family member in a truck accident is devastating, and the legal process that follows can feel overwhelming on top of that grief. Understanding who can file a claim, what compensation may be available, and how much time you have can help you make informed decisions during an incredibly difficult time.
Louisiana law limits who can file and how long you have to act, and those details are easy to miss while you’re grieving. A free case review from The Voorhies Law Firm can walk you through your options with no pressure to decide anything right away. Call 504-875-2223.
Why Fatal Truck Accidents Often Involve Complex Claims
Commercial trucks are far larger and heavier than passenger vehicles, and a crash involving an 18-wheeler or other large truck often results in catastrophic or fatal injuries. These cases tend to be more complex than a typical car accident claim because more than one party may share responsibility.
Common causes of fatal truck crashes include:
- Driver fatigue or hours-of-service violations
- Distracted or impaired driving
- Speeding or unsafe lane changes
- Poor vehicle maintenance, such as brake or tire failure
- Improperly loaded or secured cargo
- Inadequate driver training or supervision
Because the trucking industry is regulated by federal safety rules, a violation of those rules can play an important role in establishing fault after a fatal crash.
Who Can File a Wrongful Death Claim in Louisiana?
Louisiana law sets out a specific order of family members who may bring a wrongful death claim. Generally, the right to file follows this order:
- The surviving spouse and children of the deceased
- If there is no spouse or child, the surviving parents
- If there is no spouse, child, or parent, the surviving siblings
- If there is no spouse, child, parent, or sibling, the surviving grandparents
A higher-priority family member generally excludes lower-priority relatives from filing. In many cases, more than one eligible family member can join together in a single claim rather than filing separately.
Wrongful Death Claim vs. Survival Action
Louisiana law also recognizes a related but separate legal claim known as a survival action.
- A wrongful death claim compensates surviving family members for their own losses, such as loss of financial support, love, companionship, and guidance.
- A survival action compensates for the harm the deceased person experienced before death, such as pain and suffering, in the time between the crash and their passing.
Both claims may be pursued together, and doing so may increase the total compensation available to the family.
What Compensation May Be Available
Every case is different, and the value of a wrongful death claim depends on the specific circumstances of the crash and the family’s losses. Depending on the facts of the case, compensation could include:
- Loss of financial support the deceased would have provided
- Loss of love, companionship, and guidance
- Funeral and burial expenses
- Medical expenses incurred before death
- Pain and suffering experienced by the deceased before passing
- Loss of the deceased’s services and support around the household
Because the loss of a family member affects so many parts of daily life, these claims are meant to account for both the financial and personal impact of the death.
Who Can Be Held Responsible for a Fatal Truck Crash?
More than one party may share responsibility for a fatal truck accident. Identifying every liable party is an important part of pursuing full compensation for the family.
- The truck driver, if their own careless or reckless driving caused the crash
- The trucking company, which may be held responsible for the driver’s actions on the job, or for its own failures in hiring, training, or maintenance
- A cargo loading company, if improperly secured freight contributed to the crash
- A parts manufacturer, if a defective truck component played a role
- A maintenance provider, if faulty repairs contributed to a mechanical failure
At The Voorhies Law Firm, our wrongful death attorneys work to investigate every angle of a fatal truck crash so that families are not left facing a well-funded trucking company and its insurers alone.
How Long Do You Have to File a Claim?
Louisiana law places a strict time limit on wrongful death claims.
Missing this deadline could permanently prevent a family from recovering compensation, regardless of how clear the trucking company’s fault may be. Because these cases often require gathering evidence such as logbooks, maintenance records, and electronic logging device data before it can be lost or discarded, it is generally best to speak with an attorney as soon as possible.
Frequently Asked Questions
Who is allowed to file a wrongful death claim in Louisiana?
Louisiana law generally allows a surviving spouse and children to file first. If there is no spouse or child, the deceased’s parents may file. Siblings and grandparents may only file if there is no one higher in this order of priority.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the family for their own losses after losing a loved one. A survival action compensates for what the deceased person experienced, such as pain and suffering, in the time before they passed away. In many cases, families can pursue both at the same time.
How long do we have to file a wrongful death claim after a fatal truck accident?
Louisiana law sets a strict deadline for these claims, and missing it could mean losing the right to recover compensation entirely. Because the exact deadline can depend on the details of the case, it is important to speak with an attorney as soon as possible after the crash.
Can multiple family members file separate wrongful death claims?
Generally, eligible family members within the same priority category, such as a spouse and children, can join together in a single wrongful death claim rather than filing separately. An attorney can help determine who is eligible to participate based on your family’s situation.
Speak With The Voorhies Law Firm About Your Family’s Wrongful Death Claim
No amount of compensation can undo the loss of a loved one, but a wrongful death claim may help ease the financial burden and hold the responsible parties accountable. The Voorhies Law Firm is ready to investigate your loved one’s fatal truck accident, identify every party who may be responsible, and guide your family through this difficult process with care.
Call us today at 504-875-2223 to schedule your free consultation. We will review the details of your case, explain your family’s options, and stand by you every step of the way.