Wrongful Death from Truck Accidents

Losing a loved one to a collision with a commercial truck changes a family forever. The grief is real, the questions are urgent, and the path forward can feel unclear. At Cook Bradford & Levy, Jason Levy and Brian Bradford lead a team that has helped Colorado families hold trucking companies and drivers accountable while navigating the unique rules governing wrongful death claims. We bring careful investigation, clear communication, and courtroom skill to every case, and we never forget that a real family stands behind every file.

This page explains how wrongful death claims arising from truck crashes work in Colorado, what evidence matters most, how damages are measured, and which deadlines and legal rules can affect the outcome. It also points to leading Colorado case law that courts rely on in these cases.

Why Fatal Truck Crashes Demand a Different Approach

A fatal crash with a semi, tractor trailer, or heavy commercial vehicle is not handled like an ordinary car accident. Commercial carriers and their insurers respond quickly, often with rapid response teams, and key evidence can disappear if it is not preserved early. Our firm’s truck litigation practice is built for this environment. We know where to look for proof, which experts to retain, and how to use federal and state safety rules to establish fault. We have secured six and seven figure results for Colorado crash victims and their families, and we deploy the same disciplined process in wrongful death cases.

Early steps often include sending preservation notices to the motor carrier and its insurer. These letters demand that the company keep driver qualification files, electronic logging device data, dispatch and trip records, maintenance and inspection files, post crash drug and alcohol test results, and the truck’s event data recorder downloads. When necessary, we ask the court to enter a preservation order so critical evidence is not destroyed while an investigation is pending.

The Legal Foundation for Colorado Wrongful Death Claims

Colorado’s Wrongful Death Act creates a cause of action when a death is caused by a wrongful act, negligence, or other careless behavior. It limits who may file and when, and it governs the categories of damages survivors can recover. Courts have emphasized that the claim belongs to the statutory beneficiaries, yet the underlying duty is the duty the defendant owed to the decedent. The Colorado Supreme Court explained this structure in 1981 in a case called Espinoza v. O’Dell, which is still cited today. 

The statute sets forth important procedural rules. For example, there can be only one civil action for the wrongful death of a person. 

Who may file and when

Colorado specifies which family members have priority to file. In the first year after death, the surviving spouse has priority, although the spouse may elect to let the heirs bring the claim. In the second year, heirs and the spouse may bring the action. As of January 1, 2025, siblings can also bring a wrongful death claim. The filing deadline is generally two years from the date of death. Truck crash cases will often be governed by the two year period, but a hit and run extension may apply if the commercial driver fled the scene. Families should not wait to seek advice because evidence can be lost even when the deadline seems far away. 

Wrongful death versus survival actions

Colorado permits a separate survival action on behalf of the decedent’s estate for the decedent’s own pre-death losses, such as medical bills and lost earnings before death. The wrongful death claim, by contrast, compensates survivors for their losses, including grief and loss of companionship. Courts have clarified the distinction and confirmed that survival claims persist even when the death is unrelated to the underlying tort. Coordinating these claims correctly is vital because the Wrongful Death Act allows only one wrongful death case, yet the estate’s survival claim is a different cause of action that must be brought in the estate’s name. 

What Must be Proven in a Truck Wrongful Death Case

Negligence and safety rule violations

To prove liability we show that the truck driver or motor carrier breached a duty of care and that the breach caused the fatal crash. Violations of federal motor carrier safety regulations can be one source of powerful evidence. Examples include hours of service violations reflected in electronic logging records, failure to conduct pre trip or post trip inspections, negligent maintenance or inspection under Part 396, inadequate driver qualification and training, or disqualifying drug and alcohol violations. A detailed case plan will seek dispatch data, load and route assignments, GPS breadcrumbs, and cell phone records to corroborate the story of how the crash unfolded.

Corporate responsibility

In many cases the trucking company is vicariously liable for its driver. Some cases also support direct corporate claims for negligent entrustment, hiring, retention, or supervision, and for negligent maintenance of the fleet. These claims open additional avenues for discovery and can reveal systemic failures that contributed to a preventable death.

Third party liability

Fatal truck crashes sometimes involve multiple at fault parties. Claims may also be pursued against a broker, a shipper that exerted dangerous control, a repair facility that performed faulty work, or a contractor responsible for an unsafe work zone. Allocation of fault among defendants matters because the court will apportion fault and the statutory caps, if applicable, are applied after apportionment. 

Damages Available to Colorado Families

Economic losses

Economic losses make up for the financial impact of losing a family member. These include funeral and burial expenses, the decedent’s net financial contributions that would have supported the family, and the value of household services the decedent would have provided. Colorado’s pattern jury instructions and case law identify things that guide juries, and courts have held that a decedent’s future income taxes are not deducted when calculating net pecuniary loss. Expert economists help quantify these numbers using work life expectancy, fringe benefits, and replacement service costs.

Noneconomic losses and grief damages

Noneconomic damages reflect the human loss that a death leaves behind. Colorado allows survivors to recover for grief, loss of companionship, pain and suffering, and emotional distress. These damages are inherently personal, and they are proven through testimony, photographs, and stories about the relationship. The legislature has placed a max amount on noneconomic damages in wrongful death actions, subject to periodic inflation adjustments. For events under current law, the cap amount depends on the accrual date, and courts and practitioners track the updated adjusted figures. Families may elect a statutorily defined solatium in lieu of proving noneconomic grief damages. That amount is also adjusted for inflation and is intended to spare families the burden of proving grief in painful detail when they prefer a fixed figure. 

The felonious killing exception

Colorado recognizes an important exception. When a death constitutes a felonious killing as defined by statute and determined under the probate code procedures, the cap on noneconomic damages does not apply. Recent appellate authority confirms that this exception applies broadly, including to corporate defendants in appropriate cases. This development matters when a company’s conduct rises to the level of felonious killing because it removes the ceiling on grief damages.

Punitive damages

Exemplary or punitive damages can be available when the defendant’s conduct is attended by circumstances of fraud, malice, or willful and wanton disregard for the rights of others. In trucking cases, evidence of knowingly pushing drivers to violate hours of service, ignoring repeated out of service violations, or disabling safety equipment can support a punitive claim. Whether punitive damages are permitted and in what amount depends on Colorado’s separate punitive damages statute and later judicial findings.

How Damages Caps Work in Practice

Colorado courts have addressed how the noneconomic cap is applied where multiple defendants are at fault. The court first apportions fault among the tortfeasors, then applies the cap to the amount awarded, which can materially change the numbers in multi defendant cases. Understanding this sequence informs settlement strategy and trial presentation, particularly in complex crashes with several at fault actors. 

Case Law Shaping Colorado Wrongful Death Practice

Colorado courts have built a robust body of case law that guides judges and juries in wrongful death cases.

As noted above, Espinoza v. O’Dell explains that while the duty at issue is owed to the decedent, the loss vindicated in a wrongful death claim is the loss to the heirs, and it confirms that the statute grants an entitlement to damages for those survivors. The decision also shows how wrongful death differs from common law negligence and why the statute’s procedural rules matter. The United States Supreme Court later dismissed a related appeal for want of jurisdiction, leaving the Colorado ruling in place. 

Another case, Hoyal v. Pioneer Sand Co. holds that future income taxes are not deducted when computing survivors’ net pecuniary loss, a rule that can significantly affect the economic analysis presented to a jury. 

These decisions work together with the statute to shape how wrongful death from truck crashes is pled, tried, and resolved in Colorado courts.

Evidence Found in Winning Truck Wrongful Death Cases

Scene and vehicle data

Fast moving commercial cases are won with data. We move quickly to secure highway patrol and sheriff investigations, photogrammetry, dash or body camera media, and 911 audio. We obtain the truck’s electronic control module downloads, telematics, and GPS trails, and we compare them against electronic logging device records to test the accuracy of hours of service reporting. When a trailer is involved, we look at maintenance and brake inspection records for both the tractor and the trailer. Spoliation can be a risk if a carrier places a rig back into service, so early preservation demands are essential.

Driver history and company practices

We investigate the driver’s qualification file, including motor vehicle records, prior violations, road tests, and training. We evaluate dispatch practices, delivery scheduling pressures, and whether the company monitored for out of service orders or hours violations. These company level records often reveal whether the crash was the product of a single mistake or a pattern of disregard for safety rules. When appropriate, we retain human factors, accident reconstruction, trucking safety, and economics experts to support the family’s claims.

Real world stories of loss

Jurors want to understand the life that was taken. We work with families to build an honest, respectful portrait of their loved one. Photos, home videos, school awards, service records, and friends’ and colleagues’ testimony can bring into focus the relationships that were lost. The presentation matters because noneconomic damages are proven through human evidence, not formulas.

Deadlines, Elections, and Strategic choices

Colorado’s two year statute of limitations begins to run on the date of death. As noted above, there is a four year period for hit and run incidents, but most truck cases fall within the two year period. Early in the life of the case, the family must also consider the statutory election between seeking noneconomic damages subject to a cap or electing the solatium amount in lieu of proving grief damages. The solatium approach spares survivors the burden of proving grief in detail, yet it may be lower than what a jury would award on a fully developed record. These choices are case specific and benefit from early analysis.

Building Your Case with Cook, Bradford & Levy

Local roots and a statewide practice

Our Lafayette-based firm guides families throughout Colorado. We meet clients where they are, we travel when needed, and we take the time to explain each step. Jason Levy and Brian Bradford lead the team and are the primary points of contact for wrongful death litigation within the firm. You will receive straight answers on fees and case strategy, and you will work directly with your lawyer. 

From investigation to resolution

We start with a roadmap. After a free consultation, we open our investigation, issue preservation demands, and schedule field work with our experts. We obtain official records and company documents, we interview witnesses, and we secure expert analyses. Parallel to liability development, we assemble damages evidence, including economic modeling and grief and companionship proof. We pursue insurance and corporate assets sufficient to satisfy a judgment, and we prepare every case for trial. Many cases resolve in negotiation or mediation once the defense understands the strength of the proof. Others require a courtroom to obtain justice. Our results in truck and catastrophic injury cases reflect that readiness. 

Frequently Asked Questions for Families Following a Fatal Truck Accident

What if multiple companies are involved

It is common for a tractor to be owned by one company, the trailer by another, and the load to be arranged by a broker or shipper. Liability follows control and legal responsibility. We identify every potentially responsible entity and pursue claims against each. Colorado law permits fault to be apportioned among all at fault parties, and that allocation can affect how any statutory cap is applied.

Can we bring both wrongful death and survival claims

Yes, but they are different claims. The wrongful death claim belongs to the spouse and heirs and compensates their losses. The survival claim belongs to the estate and compensates the decedent’s pre-death losses. A single wrongful death action is allowed for a decedent, and the statute requires an election between different wrongful death sections, so planning the pleadings matters. 

How do caps and the felonious killing exception affect our case

Caps apply to noneconomic wrongful death damages and are adjusted for inflation. The felonious killing exception removes the cap when the death constitutes a felonious killing as defined by Colorado law. A recent published decision confirms that the exception can apply to both individuals and corporations, which can be pivotal in egregious trucking cases.

What is the solatium option

Instead of proving noneconomic grief damages, families may elect to receive a statutorily set solatium amount in addition to economic losses. The solatium is adjusted for inflation. The choice is strategic and personal, and we discuss it with clients after we understand the facts and the family’s goals.

What Do I Do Now?

If you have lost a family member in a collision with a truck, the next steps are straightforward. Speak with a lawyer who understands both commercial transportation evidence and Colorado wrongful death law. Gather any documents you already have, such as funeral bills, wage information, or communications from insurers, and do not sign releases or make recorded statements for the trucking company before you receive legal advice. Cook Bradford & Levy offers free consultations, and Jason or Brian can answer your questions and map a plan that fits your family.

About Us at Cook Bradford & Levy

When tragedy strikes, you don’t have to face the aftermath alone. The trucking companies and insurers have teams working to limit their responsibility, and you deserve an advocate who will stand up for your loved one’s memory and your family’s future. At Cook Bradford & Levy, we bring compassion, experience, and relentless advocacy to every wrongful death truck case we handle. 

Our team has recovered significant results in truck crash cases, and we handle wrongful death litigation with the care and rigor it deserves. Our firm serves all of Colorado and we will find a way to effectively connect with you whether in person, over video, or on the phone. Call us today at 303-543-1000 for a free consultation!