When delivery van accidents take lives, surviving family members can pursue wrongful death claims against the driver and delivery company. These claims provide compensation for the devastating losses families suffer and hold negligent parties accountable for fatal consequences.
What Is Wrongful Death?
A wrongful death claim allows surviving family members to sue when someone dies due to another party's negligence. If the deceased would have had a valid personal injury claim had they survived, survivors can bring a wrongful death claim for their losses.
Wrongful death is a civil claim, separate from any criminal charges. You can pursue wrongful death compensation even if no criminal charges are filed or if criminal prosecution results in acquittal.
Who Can Sue for Wrongful Death?
State laws determine who has standing to bring wrongful death claims. Typically eligible parties include surviving spouse, children (including adult children), parents (especially when the deceased was a minor or unmarried), and dependent family members.
Different states have different rules about priority and eligibility. Some allow only certain family members to sue; others permit the estate to bring claims on behalf of all survivors.
Damages in Wrongful Death Claims
Wrongful death damages compensate survivors for their losses:
Economic damages include the deceased's lost income from death through expected retirement, lost employee benefits and retirement contributions, medical and funeral expenses, and value of household services the deceased would have provided.
Non-economic damages cover loss of companionship and consortium, loss of parental guidance (for children), emotional pain of survivors, and loss of love, care, and support.
Some states allow recovery for the deceased's pre-death pain and suffering as a "survival" claim.
Calculating Damages
Lost income calculations can reach millions of dollars for victims with substantial working years ahead. Economists project future earnings based on the deceased's education, occupation, career trajectory, and life expectancy.
Even non-working family members—homemakers, children, retirees—have economic value for the services they provided or would have earned.
Liability for Fatal Delivery Accidents
Wrongful death claims against delivery companies can be based on driver negligence (speeding, distraction, fatigue), company vicarious liability for employee actions, negligent hiring or training, vehicle maintenance failures, and unsafe policies or practices.
The same liability theories apply as in injury claims, but the stakes and damages are higher when death results.
Insurance and Recovery
Major delivery companies carry substantial insurance that can pay wrongful death claims. Policy limits of $1 million or more are common, with excess coverage potentially providing additional recovery for catastrophic losses.
Wrongful death claims often approach or exceed policy limits, making identification of all coverage sources essential.
Statute of Limitations
Wrongful death claims must be filed within applicable statutes of limitations—typically one to three years from the date of death. Some states measure from the date of death; others from the date of the accident.
Don't delay seeking legal consultation. Time limits are strict, and early investigation preserves crucial evidence.
Criminal Prosecution
Fatal delivery accidents may result in criminal charges against the driver—vehicular homicide, manslaughter, or related offenses. Criminal cases are separate from civil wrongful death claims.
A criminal conviction supports civil liability but isn't required. Civil cases have a lower burden of proof (preponderance of evidence versus beyond reasonable doubt).
Pursuing Justice for Your Loved One
Losing a family member to a delivery van accident is devastating. Wrongful death claims cannot bring your loved one back, but they provide financial security for surviving family, accountability for negligent parties, and some measure of justice for preventable loss.
Consult an attorney experienced in wrongful death claims promptly. Evidence must be preserved, investigations conducted, and deadlines met. Most wrongful death attorneys work on contingency, so families pay nothing unless they recover compensation.