Fatal Crashes by the Numbers

According to the Insurance Institute for Highway Safety, 5,340 people died in large truck crashes nationwide in 2024, and 65% of those killed were occupants of cars and other passenger vehicles rather than the trucks themselves. That imbalance comes down to size: loaded tractor-trailers require 20% to 40% more distance to stop than passenger cars, and their height means smaller vehicles can slide underneath them in a crash rather than absorbing impact through the frame.

In Kansas, KDOT reported 3,478 heavy truck crashes in 2023 alone, resulting in 84 deaths across the state.

According to the Missouri Department of Transportation, fatalities involving commercial motor vehicles rose from 1.18 to 1.30 per 100 million vehicle miles traveled between 2020 and 2024, with Missouri recording 22 more CMV-related deaths in 2024 than the year before.

How Compensation Changes When a Loved One Dies

When someone survives a truck accident, they can generally pursue compensation for their own medical bills, lost income, and pain and suffering. When a loved one dies, the legal path shifts in a few key ways:

Wrongful Death Claims  

In Kansas and Missouri, certain surviving family members, typically a spouse, children, or parents, may be able to bring a wrongful death claim against the driver and trucking company responsible.

These claims are meant to address losses the family experiences going forward, such as:

• Lost financial support
• Lost household services
• Funeral and burial costs
• The loss of the person’s guidance, care, and companionship

Survival Actions

Separately, a survival action may allow the estate to recover compensation for what the deceased person experienced between the crash and their passing, including medical costs and other losses. 

Wrongful death and survival actions have different rules for who can file and what can be recovered. An attorney can help you sort out which ones apply to your case. The cause of the crash is just one piece of the puzzle. Insurance companies weigh the full picture before settling, and your legal team should too.

Comparative Negligence in Kansas and Missouri

Can a family still pursue a truck accident wrongful death claim if the deceased was partly at fault? It depends.

Kansas follows a modified comparative negligence rule. If the deceased is found to be 50% or more at fault, the family generally cannot recover damages. Below that threshold, compensation may be reduced in proportion to the assigned percentage of fault.

Missouri follows a pure comparative negligence rule, meaning a family may still be able to recover damages even if the deceased was mostly at fault, though the award would typically be reduced accordingly.

These distinctions can make a meaningful difference in legal outcomes, which is part of why insurance companies often move quickly to argue that the victim contributed to the crash. Our legal team carefully reviews the police report, witness statements, and other evidence early to push back against that narrative when it isn’t supported by facts.

What Counts as Trucking Company Negligence?

Liability in a fatal truck crash doesn’t always rest with the driver alone. Trucking companies can be negligent by: 

• Pressuring drivers to exceed federal hours-of-service limits
• Skipping required vehicle inspections or maintenance
• Hiring drivers without proper licensing or a clean safety record
• Failing to properly train drivers on load securement
• Ignoring known mechanical defects to avoid downtime

Proving negligence often means looking well beyond the crash scene itself, into driver logs, company hiring records, and maintenance history. DeVaughn James Injury Lawyers knows where to look for this evidence and how to hold trucking companies accountable when their decisions put drivers at risk.

Evidence That Matters in a Fatal Truck Accident Case

Because commercial trucks are equipped with more technology than passenger vehicles, there’s often more evidence available, if it’s gathered quickly.

This can include:

• Black box data that shows speed and braking before impact
• Driver logs and electronic logging device (ELD) records
• Maintenance and inspection reports
• Dashcam or nearby surveillance footage
• Witness statements and the official crash report
• Cell phone records, where distracted driving is suspected

Trucking companies and their insurers typically send investigators to the scene within hours of a serious crash. In fact, electronic logs and some other records can be routinely overwritten or deleted if no one requests them in time.

Acting promptly can make a real difference in what’s still available months later. Our diligent truck accident attorneys send preservation letters immediately, which legally require the trucking company to hold onto this evidence rather than let it disappear.