Posted on Tuesday, June 24th, 2025 at 7:31 pm    

Truck accidents are among the most catastrophic events on Utah’s roads—often resulting in severe injuries or tragic fatalities. When a loved one is killed in a commercial truck crash, the emotional devastation is overwhelming. But for many Utah families, the pain is worsened by financial burdens, unanswered questions, and the need for accountability.
If someone else’s negligence caused your family member’s death in a trucking accident, Utah law gives you the right to pursue compensation through a wrongful death claim. Understanding how these claims work—and how to protect your legal rights—is essential for seeking justice and financial relief.
What Is a Wrongful Death Claim in a Fatal Truck Accident?
A wrongful death claim allows certain family members to recover damages when a person is killed due to another party’s negligence or wrongful act. Under Utah Code § 78B-3-106, a wrongful death occurs when someone is fatally injured because of carelessness, recklessness, or intentional harm.
In the context of truck accidents, these claims are often brought against:
  • Negligent truck drivers
  • Trucking companies failing to maintain vehicles or enforce safety standards
  • Third parties responsible for loading cargo, vehicle maintenance, or road design
Learn more from our truck accident blog series.
Common Causes of Fatal Truck Accidents in Utah
Fatal truck collisions can occur for a variety of reasons, including:
  • Driver fatigue (violations of federal rest regulations)
  • Distracted driving or speeding
  • Improper lane changes or wide turns
  • Mechanical failures due to poor truck maintenance
  • Overloaded or unbalanced cargo
  • Driving under the influence
Large trucks—especially those weighing over 80,000 pounds—create a dangerous dynamic when colliding with passenger vehicles. These crashes are not just traffic accidents; they’re often life-altering tragedies.
Who Can File a Wrongful Death Lawsuit After a Truck Accident?
Utah law permits specific family members or representatives to file a wrongful death claim. According to Utah Code § 78B-3-105, eligible claimants may include:
  • The surviving spouse
  • Adult children, including adopted children
  • The parents of the deceased
  • Stepchildren financially supported by the deceased
  • The personal representative of the estate
If no immediate family survives, other heirs may be eligible. Proving the relationship and how the death caused emotional and financial hardship is crucial to the case.
Proving Fault in a Fatal Trucking Accident
To recover compensation, survivors must prove the truck driver or company was negligent. This involves establishing four legal elements:
  1. Duty of care – The truck driver or company had a legal obligation to ensure safety.
  2. Breach of duty – That obligation was violated (e.g., ignoring DOT regulations).
  3. Causation – The breach directly caused the fatal accident.
  4. Damages – The death resulted in tangible and intangible losses.
Evidence used to support these claims often includes:
  • Truck logs, black box (ECM) data, and GPS records
  • Accident scene photos and witness statements
  • Dashcam or surveillance footage
  • Police reports and crash reconstructions
  • Medical records and autopsy findings
  • Federal Motor Carrier Safety Administration (FMCSA) violations
Types of Compensation in Utah Wrongful Death Truck Accident Cases
Survivors of fatal truck accident victims may recover both economic and non-economic damages:
Economic Damages:
  • Funeral and burial expenses
  • Medical bills from the final injury
  • Lost future earnings and benefits
  • Loss of household services
  • Loss of financial contributions
Non-Economic Damages:
  • Loss of companionship, care, and guidance
  • Emotional distress and grief
  • Loss of consortium (spousal relationship)
  • Pain and suffering endured by the deceased
Punitive Damages:
In extreme cases involving gross negligence (e.g., drunk driving or falsifying driver logs), punitive damages may be awarded to punish the wrongdoer and deter future misconduct.
Utah Survival Actions: An Additional Legal Option
In addition to a wrongful death claim, Utah law permits a survival action under Utah Code § 78B-3-107. This allows the estate to recover damages the deceased could have pursued had they survived, such as:
  • Pain and suffering
  • Lost income between injury and death
  • Medical expenses
Both actions can be filed together to fully account for all losses suffered by the deceased and their loved ones.
Statute of Limitations: Don’t Wait to File
In most cases, wrongful death lawsuits in Utah must be filed within two years of the date of death. If a government entity is involved (e.g., a city-owned vehicle), that time frame may be only one year.
Missing this deadline can bar you from recovering any compensation—regardless of how strong your case is.
Reference: Utah Courts – Personal Injury Claims
Real-World Tragedy: Fatal Truck Crash on SR-40
On May 27, 2025, a fatal crash occurred on State Route 40 near Heber City, Utah. A Nissan Xterra turned in front of a westbound Kenworth semi-truck, causing a deadly impact. Sadly, this was the fourth fatality on that stretch of road since 2023, with nearly 100 crashes reported in a five-mile area over two years.
In response, UDOT has proposed safety upgrades, including new traffic lights and concrete barriers. These improvements underscore the life-or-death importance of accountability—both for drivers and public agencies.
If your loved one was killed in a similar truck crash, London Harker Injury Law can help your family pursue justice.
Why Legal Help Matters in Fatal Trucking Cases
Wrongful death truck accident claims are high-stakes, complex legal battles. Trucking companies have powerful legal teams and insurance adjusters on their side. You need a law firm with the experience, resources, and compassion to fight for your family.
The attorneys at London Harker Injury Law can help:
  • Investigate the crash and collect key evidence
  • Identify all liable parties (drivers, companies, contractors)
  • File claims with insurers and negotiate settlements
  • Go to trial if a fair resolution cannot be reached
  • Provide guidance and support throughout the process
We work on a contingency fee basis—you pay nothing unless we win your case.

Contact London Harker Injury Law for a Free Consultation
If a loved one has died in a Utah truck accident, don’t wait to explore your legal options. Reach out to London Harker Injury Law for a free, confidential consultation. Let us help you seek justice, closure, and the compensation you deserve.
Office Locations:
  • Sandy Office: 8800 Harrison St, Sandy, UT 84070
  • Provo Office: 333 W 2230 N, Suite 321, Provo, UT 84604
  • Lehi Office: 441 W Main St, Suite C, Lehi, UT 84043
  • Call: 77CARCRASH or (385) 425-4536
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London Harker Injury Law Sandy Office

Personal Injury Attorney in Sandy, Utah

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London Harker Injury Law Provo Office

Personal Injury Attorney in Provo, Utah

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London Harker Injury Law Lehi Office

Personal Injury Attorney in Lehi, Utah

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