What Happens If A Truck Driver Dies In The Accident?

When a commercial truck driver causes a crash and dies in the accident, it can leave victims and their families confused about what comes next—especially when it comes to legal claims. Many wonder: Can you still sue the trucking company if the at-fault driver is no longer alive? The answer is yes—in many cases, you can still pursue compensation, even if the driver has died. Below, we explore how wrongful death, personal injury, and trucking liability intersect when the driver of a commercial vehicle does not survive the collision.

A National and Illinois Perspective on Truck Accidents and Fatalities

Truck accidents are among the deadliest on the road due to the massive size and weight of commercial vehicles. According to the National Highway Traffic Safety Administration (NHTSA), in 2021 alone, 5,788 people were killed in crashes involving large trucks, a 17% increase from 2020. Of these fatalities, 72% were occupants of other vehicles, highlighting the danger trucks pose to other road users.

In Illinois, truck crashes remain a significant concern. The Illinois Department of Transportation (IDOT) reports that in 2022, there were 12,040 crashes involving tractor-trailers and other large trucks. Of those, 126 were fatal, and 1,948 resulted in injury. These numbers show just how common and catastrophic truck crashes can be—and why legal claims often follow.

What Happens Legally When the Truck Driver Dies?

If a truck driver dies in a crash they caused, it does not eliminate the right of the injured parties or surviving family members of victims to seek damages. Liability does not end with the death of the driver. Here’s why:

Vicarious Liability (Respondeat Superior): Under the legal doctrine of respondeat superior, employers can be held responsible for the actions of their employees performed within the scope of employment. This means that trucking companies can still be sued if their employee (the deceased truck driver) caused the accident while performing job duties. Even though the driver is no longer alive, the company can remain liable for the crash.
Survival of Legal Claims: In Illinois, personal injury claims “survive” the death of a responsible party. The Illinois Survival Act (755 ILCS 5/27-6) allows a legal claim to be brought against the estate of a deceased person, meaning you could still technically sue the deceased driver’s estate in some cases. However, most lawsuits target the company that employed the driver.
Wrongful Death or Injury Lawsuits by Victims: Victims who were seriously injured—or families who lost a loved one in the crash—can pursue wrongful death or personal injury lawsuits against the trucking company or other liable entities, such as the truck’s manufacturer or maintenance provider.

Common Causes of Truck Accidents That Lead to Driver Fatalities

Even if the truck driver dies, the cause of the crash must still be investigated. Some common causes of fatal truck crashes that may establish company liability include:

Driver fatigue, often due to pressure to meet delivery deadlines in violation of Hours of Service (HOS) rules
Mechanical failures, such as brake failure or tire blowouts, pointing to poor maintenance by the company
Drug or alcohol use, either by the driver or other involved parties
Speeding or reckless driving
Distracted driving, such as texting or using a dispatch device

A post-crash investigation, including reviewing the truck’s black box data, driver logs, toxicology reports, and video footage, can help determine what caused the accident—and whether the company failed in its duties.

Can You Sue the Trucking Company Even if the Driver Died?

Yes. You can still sue the trucking company even if the driver was killed in the accident. The legal theory often used is vicarious liability, but direct negligence claims may also be appropriate.

Vicarious Liability

If the driver was acting within the scope of employment—such as making a delivery or traveling on a work route—then the trucking company can be held liable for their actions, just as if the driver had survived. The company essentially “steps into the shoes” of the driver for liability purposes.

Direct Negligence

Trucking companies can also be directly liable for their own misconduct. For example:

Negligent hiring: If the company hired a driver with a poor safety record or history of DUIs
Negligent supervision: If the company failed to enforce safety policies or conduct drug testing
Negligent maintenance: If the truck was in poor condition and the company failed to inspect or repair it

These direct claims do not depend on whether the driver survived. Instead, they focus on the company’s own role in causing the crash.

Who Else Can Be Held Liable in a Truck Accident Lawsuit?

Truck crash cases often involve multiple parties. Aside from the trucking company and the deceased driver’s estate, other potentially liable parties include:

Truck or trailer owners (if different from the employer)
Freight or logistics companies that contracted the shipment
Truck or parts manufacturers, if a defect contributed to the crash
Maintenance providers, if faulty repairs played a role

In complex cases, multiple defendants may share liability—and even if the driver died, these parties can still be sued.

What if the Truck Driver Was an Independent Contractor?

Some companies try to avoid liability by classifying drivers as independent contractors. However, courts often look beyond the label to examine the nature of the relationship. If the company controlled the driver’s routes, schedules, and policies, they may still be found liable under Illinois law.

Wrongful Death of the Truck Driver: Can Their Family Sue Too?

If the truck driver was not at fault and died in the accident, their family may be able to file a wrongful death claim against the person or entity responsible for the crash. For example, if a passenger car cut off the truck or if the truck experienced a tire blowout due to a manufacturing defect, the driver’s estate could pursue damages for:

Funeral and burial expenses
Loss of income
Pain and suffering
Loss of companionship

In these cases, both the victim’s family and the trucking company might be plaintiffs pursuing separate legal claims.

How Insurance Affects These Cases

Trucking companies are required by federal law to carry high levels of insurance. The Federal Motor Carrier Safety Administration (FMCSA) mandates minimum liability coverage of:

$750,000 for general freight
$1 million for hazardous materials
$5 million for the most dangerous cargo

This insurance coverage applies even if the driver dies in the crash. The insurance company is still on the hook for paying valid claims, whether the lawsuit is based on vicarious liability, direct negligence, or both.

What Should You Do If You Were Injured or Lost a Loved One in a Crash with a Truck Driver Who Died?

Here are steps to protect your rights:

Get medical care immediately and document all injuries
Preserve evidence from the crash, including photos, police reports, and witness statements
Request a copy of the crash report from the Illinois State Police or local department
Hire an experienced Illinois truck accident lawyer
Do not speak with the trucking company’s insurer until you have legal representation

An attorney can issue preservation letters, hire crash reconstruction experts, and uncover company negligence—even when the driver is no longer alive.

Contact the Dedicated Illinois Truck Accident Lawyers at John J. Malm & Associates

At John J. Malm & Associates, we understand how traumatic a commercial truck crash can be—especially when the at-fault driver is no longer alive. The good news is that you can still file a claim and seek justice. Trucking companies, insurers, and other responsible parties may be held legally accountable, regardless of whether the driver survived the crash.

Our top-rated Illinois truck accident lawyers have years of experience holding negligent trucking companies responsible and recovering full compensation for our clients. If you or a loved one has been injured in a truck accident in Illinois, contact us today for a free consultation. Let us investigate your case, protect your rights, and fight for the justice you deserve.