Motor vehicle accidents are one of the leading causes of death in the United States, with an average of 117 fatal accidents per day in 2022.
The Missouri Department of Transportation (MoDOT) reported that St. Louis car accidents were responsible for 1,057 fatalities in 2022, and the first three quarters of 2023 saw 720 deaths.
These accidents can occur due to various factors, including:
- Negligent Driving: Negligent drivers who disregard traffic laws and safety measures can cause fatal accidents.
- Distracted Driving: Texting, making phone calls, or any other activity that takes a driver’s attention away from the road can lead to fatal accidents.
- Drunk or Impaired Driving: Driving under the influence of alcohol, drugs, or prescription medication can impair a driver’s judgment and reaction time, leading to fatal accidents.
- Speeding: Exceeding the speed limit and driving at high speeds increases the risk of losing control of a vehicle and causing a fatal accident.
- Reckless Driving: Engaging in risky driving behaviors, such as tailgating, swerving, or racing, can lead to deadly crashes.
- Drowsy or Fatigued Driving: Driving while tired or falling asleep at the wheel can be just as dangerous as driving under the influence and can cause fatal accidents.
- Vehicle Malfunctions or Defects: Mechanical failures or defects in a vehicle can contribute to fatal accidents, even if the driver follows all safety measures.
- Poor Road Conditions: Potholes, construction zones, and other hazards on the road can lead to fatal accidents.
- Harsh Weather Conditions: Rain, snow, ice, and other severe weather conditions can make driving hazardous and increase the risk of fatal accidents.
These traumatic events lead to serious injuries, property damage, and emotional distress.
Car accident injuries can range from minor cuts and bruises to catastrophic injuries, such as traumatic brain injuries, spinal cord injuries, amputation, and internal organ damage.
When a car accident results in the death of one or more individuals, it becomes a fatal car accident.
Emotional and Financial Challenges Families Face
The aftermath of wrongful death from car accidents is full of grief, anger, and confusion, with an impact that goes beyond just the loss of life.
These devastating events can also cause immense emotional and financial distress for the surviving family members.
Not only do they have to deal with the grief of losing a loved one, but they may also face medical bills, funeral expenses, loss of income and financial support, and other related costs.
Families are left to grapple with the emotional toll of their loss while also facing the daunting prospect of financial instability.
In such difficult times, surviving family members may be eligible to recover compensation through a wrongful death lawsuit.
A wrongful death car accident claim can help ease the financial burden and provide some sense of justice for their loss.
Understanding the The Concept of Wrongful Death in Legal Terms
Fatal car accidents are life-altering events that shatter the lives of those left behind.
In legal terms, when a person dies as a result of someone else’s negligence or intentional actions, it is considered a wrongful death.
Wrongful death lawsuits involve seeking legal accountability for the untimely death caused by the negligence or misconduct of another party.
This legal concept recognizes that specific individuals, such as the at-fault driver in an accident, should be responsible for the consequences of their actions, mainly when they result in someone’s death.
Since the deceased car accident victims cannot seek justice for themselves, Missouri law allows the surviving family members to file a wrongful death claim on their behalf.
Potential beneficiaries include the deceased’s spouse, children, parents, or other dependents.
A personal estate representative may file the claim if the dead individual had no immediate family members.
What is the Missouri Wrongful Death Statute?
Missouri’s Wrongful Death Statute provides a legal avenue for families to seek justice when a loved one’s death results from an act that would have been grounds for a personal injury claim had death not occurred.
The statute outlines who can file a wrongful death lawsuit, generally starting with the closest relatives like spouses, children, or parents of the deceased.
If no immediate family members are eligible, siblings or their descendants can file the claim.
In cases where no direct family members are available, a court-appointed plaintiff ad litem can bring the lawsuit on behalf of those entitled to the damages.
The statute also emphasizes that only one action can be brought against a defendant for the death of a person, ensuring that the legal process is streamlined and focused.
It’s crucial for families to understand that there are specific time limitations within which they must file their lawsuit, as failing to do so within this period could result in losing the right to pursue legal action.
This statute reflects Missouri’s commitment to providing a path for families to seek redress in the tragic event of a wrongful death, ensuring that those responsible are held accountable and that families have an opportunity to seek compensation for their loss.
