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Can You Sue for Wrongful Death After a Truck Accident?

April 8, 2026 | By Colombo Law

Accidents with commercial trucks often claim the lives of drivers and passengers in other vehicles. Colombo Law is here to help you and your family pursue just compensation for all you’ve lost. This may involve filing a wrongful death truck accident lawsuit, and perhaps going to trial.

Our Columbus truck accident lawyers can explain all of your legal options. We also support you in the aftermath of a fatal crash, offering compassionate guidance as well as aggressive advocacy.

Don’t agonize over the decision to take legal action. Call a wrongful death truck accident lawyer at 614-362-7000 today for a FREE case review. Our team represents clients in wrongful death matters throughout Ohio from multiple offices in Columbus.

Fatal Truck Accidents in Ohio

Every traffic fatality is a heartbreaking story. It represents a life cut short, someone who will never return home to their loved ones or achieve the dreams they held so dear. Statistics show just how many people are at the center of these sad stories, but they leave little indication of how many grief-stricken people are left behind.

The Ohio State Highway Patrol keeps detailed records of accident deaths through the OSTATS Crash Dashboard. In the last 5 years, Ohio had 737 fatal collisions involving commercial motor vehicles. More than 50 of these incidents occurred in Columbus and nearby areas of Franklin County.

Prompt investigation is crucial for determining how the truck accident occurred and who was at fault. If you suspect negligence was a factor, you should get legal counsel as soon as possible so you can protect your family’s rights.

Do I Have a Wrongful Death Truck Accident Lawsuit?

Fatal truck accidents are often caused by the negligence of the truck driver, the trucking company, and other parties. If this is the case, surviving family members may be entitled to compensation through a wrongful death claim.

Ohio Revised Code § 2125.01 states that the defendant(s) who would have been liable for personal injury damages had the victim survived may still be held liable through a wrongful death action. Such an action will not bring your loved one back or take away your sorrow, but it can help you and your family obtain financial compensation and justice for the tragic loss.

Whether you will need to file a lawsuit depends on a number of different factors, including the insurance companies’ willingness to negotiate a settlement. It is important to know what your case is worth so you know whether to accept a settlement offer. An experienced lawyer can negotiate with insurers on your behalf and advise you whether it may be necessary to file suit.

Who Can Sue for Wrongful Death in Ohio?

A wrongful death lawsuit needs to be filed by the personal representative of the deceased. This is an individual named in the decedent’s will to administer their estate, or it is someone appointed by the court if the decedent died without a will (intestate).

While only the personal representative can file the wrongful death claim, any proceeds must be distributed to:

Ohio law operates on the presumption that spouses, children, and parents sustain damages due to the death of their loved one. If the deceased was unmarried, had no children, and did not have living parents, then other relatives may be entitled to compensation. This may include siblings, grandparents, and other relations, provided they can show that they suffered damages as a result of the loss.

If you are the personal representative of someone who died in a truck accident, it is crucial to understand the legal avenues available to you. A successful wrongful death claim can provide beneficiaries with much-needed financial resources.

We recommend speaking with an experienced truck accident attorney as soon as possible.

How Long Do I Have to Sue After a Fatal Truck Accident?

You have 2 years from the date your loved one passed away to bring a wrongful death truck accident lawsuit in Ohio. To satisfy this time limit, you need to file a civil complaint with the appropriate court.

In Ohio, wrongful death claims are handled in the Court of Common Pleas. Each county has a Court of Common Pleas, and the General Division of this Court has jurisdiction over civil matters originating within the county. For example, if your loved one was killed in a truck accident in Columbus, you would need to file the complaint with the Franklin County Court of Common Pleas.

Grief can be overwhelming when you unexpectedly lose a family member. Unfortunately, the statute of limitations will not wait for you to recover. A skilled truck accident attorney can help you file a wrongful death lawsuit in Columbus and manage all aspects of the case.

What Compensation Is Available in a Wrongful Death Truck Accident Lawsuit?

The beneficiaries in a wrongful death claim may be entitled to substantial compensation. Potential damages that may be available include:

Every case is different. Knowledgeable lawyers will listen to your story and gather evidence to determine the totality of damages in your case.

Ohio courts hold that the damages in a wrongful death claim are limited to compensatory losses. This excludes punitive damages, or additional compensation designed to punish defendants for malicious conduct. However, punitive damages may be obtained through a separate claim known as a survival action.

Survival actions seek compensation for the damages the victims may have been entitled to had they survived the accident, such as medical bills, lost wages, and pain and suffering. Punitive damages are only awarded through a special two-stage trial procedure.

How Do I Get Maximum Compensation for Wrongful Death After a Truck Accident?

Most wrongful death cases settle out of court. Even with the high damages typically sought, defendants and insurers generally recognize that agreeing to a settlement is less risky than going to trial. Choosing a truck accident lawyer to represent you is key for obtaining a favorable settlement.

Sometimes the other side will not agree to pay what your claim is worth. In this case, it may be necessary to file a lawsuit.

Filing suit shows that you’re serious about pursuing the maximum compensation you are due. It puts the insurance companies on notice, which might make them more agreeable to paying a higher settlement. If they continue to resist, going to trial may be necessary to get what you deserve.

Colombo Law prepares every case as though it will go to trial. View our settlements and trial results.

Who Is Liable in a Truck Accident Lawsuit?

Multiple parties may be sued after a deadly 18-wheeler wreck. Each of these parties should have liability insurance to pay damages for personal injury and wrongful death. Your wrongful death truck accident lawsuit needs to name all of the defendants responsible.

Liability for a trucking accident can be very complex. You may be able to take legal action against:

The negligence of each party must be clearly established for your lawsuit to succeed. This requires strong evidence, as well as detailed knowledge of local and state laws, federal trucking regulations, and industry practices.

Much of the evidence needed for your case may be in the defendants’ possession. A Columbus truck accident lawyer will act quickly to preserve the truck driver’s log books, employment records, GPS data, and other evidence that can strengthen your claim.

What If the Victim Was Partly At Fault?

Hearing your loved one blamed for the wreck that took their life adds insult to injury. Unfortunately, this is a very common tactic in high-stakes trucking litigation. Defendants want to avoid responsibility, and their insurers will always try to avoid large payouts.

The good news is that Ohio’s comparative negligence standard does not bar recovery if the deceased is 50% or less at fault. Damages are reduced according to the percentage.

For example: If the family’s damages in a commercial truck wrongful death case total $1 million and the decedent is found to be 25% at fault, the recovery would be limited to $750,000.

Independent investigation may reveal that the defense is unjustly trying to shift blame to your family member to limit their legal exposure. Don’t let them try to pass the buck and get out of paying what you’re owed.

What Causes Fatal Truck Accidents in Ohio?

A number of different factors can lead to deadly semi-truck collisions. Many of these accidents are preventable, leaving families with the anguished realization that their loved one might still be alive had it not been for the carelessness of others.

Behaviors that may give rise to a fatal truck accident lawsuit include:

Congested roads, bad weather, and the negligence of other drivers may also contribute to fatalities in big rig accidents. Understanding that the cause is typically multifaceted (and usually involves multiple people) is essential for determining what led to the tragedy and holding those responsible to account.

How a Wrongful Death Truck Accident Lawyer Can Help

Losing someone in a truck accident is sudden and tragic. It catches you completely off-guard, and it leaves a gaping hole in your life. One moment your loved one is out and about or on the way home, the next you’re planning their funeral.

Grief is just one part of the gut punch. Bills start to pile up quickly. Spouses and children are often left with limited financial support, making it difficult to stay afloat while dealing with the emotions of the loss.

Filing a truck accident lawsuit is probably one of the last things on your mind. If you’ve thought about it, you probably don’t know where to begin with the paperwork and other steps.

Hiring a lawyer to help you can make all the difference. Attorneys who are well-versed in 18-wheeler wrongful death lawsuits can:

When you have legal representation, you can leave the complexities of your case to the professionals. This gives you the time you need to recover from the shock and mourn your loved one in peace. Compassionate attorneys will not intrude on your grief, but work with you closely to provide guidance and act as a steady presence when you need someone you can count on.

Contact Colombo Law Today

We recognize the emotional and financial toll that comes with deadly crashes. At Colombo Law, we make every client a No Fee Promise. You pay nothing upfront, and fees are contingent on us obtaining a successful result. This ensures that you don’t have to face additional costs when you are already reeling from the loss of income and sudden influx of expenses.

Our team is also sensitive to your circumstances. We know families who lose loved ones are facing unimaginable sadness that can make every day seem like a struggle. From the very first conversation with our lawyers, you will see that Colombo Law cares about you. You can expect personalized attention as well as quality legal representation. 

For a FREE case review, call 614-362-7000 today. Truck accident attorneys at Colombo Law serve Columbus, Franklin County, and all of Ohio. We are committed to achieving justice for those who have lost their lives in 18-wheeler crashes and the loved ones they leave behind.

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