Losing a loved one in a car accident is one of the worst things that can happen to you. When you’re in shock and grief, it’s normal to have many questions, like what could have been different, what to do next, and how to deal with the emotional and financial stress.
These are the basic steps you should take if someone you love dies in a car crash, even though every situation is different.
Steps to Take After a Fatal Car Accident
Call the police immediately: Be sure to have the police officially record the accident. A police report that describes what happened, who was there, and any initial findings from the scene is an essential piece of evidence.
Collect as much evidence as possible from the accident scene: If you can do so safely, it can also be helpful to take pictures and videos of the accident scene, the damage to the car, and the surrounding area. This important evidence can help support witness statements and official records that come after them.
Tell your insurance company: Notify your insurance company about the accident once you have all the necessary paperwork. Give your insurer all crucial details, such as:
- The police report number, if it is available.
- Pictures and videos of the scene
- Witness statements you have collected.
Before contacting the insurer, review the deceased’s insurance policy. Knowing this information will help you understand what family members are entitled to ask for.
Consult with an experienced Missouri car accident lawyer specializing in fatal accidents: An attorney familiar with Missouri wrongful death laws handles insurance problems, helps with the investigation, and, if necessary, files a claim for wrongful death.
Legal Options After Losing a Loved One in a Car Accident
Not every case needs a claim for wrongful death. However, in Missouri, it’s appropriate to allege if someone dies due to another person’s negligence. Speeding, driving while distracted, ignoring car problems, or engaging in other illegal actions can all be considered acts of negligence.
Missouri law—specifically, Section 537.080—permits the family to intervene if an individual passes away in an accident and has the right to file a personal injury lawsuit if they have survived.
A wrongful death claim grants them the opportunity to seek compensation for the losses they have suffered, including funeral expenses, lost income, and emotional distress.
Not only do wrongful death claims pay for damages, but they also hold those responsible accountable and help stop similar things from happening in the future.
Missouri law establishes a specific group of individuals and a hierarchy that can file a wrongful death claim. This structure ensures legal clarity and fairness during what is a highly emotional and complex time. According to the Missouri Revised Statutes Section 537.100, families only have three years to file a claim and must consider the following hierarchy:
- Class one: includes the deceased’s spouse, children (including adopted children and children born to them), or parents (natural or adoptive).
- Class two: If there is no living class one member, the right goes to the deceased’s siblings or their children.
- If there are no qualified individuals in class one or two, the court may appoint a plaintiff ad litem to represent the estate or beneficiaries.
Missouri law allows only one wrongful death claim to be filed against the other party involved. Therefore, family members must coordinate who will lead this process. This structure matters as it establishes not only the parties eligible to file but also those entitled to receive any potential settlement amount.
Liability After a Fatal Car Accident
When a driver engages in distracted behavior, accelerates beyond safe limits, or violates traffic regulations, they may be deemed negligent and held liable for the resulting collision.
However, liability gets more complex if the driver was in a company vehicle and performing their duties appropriately at the time of the accident. In that case, the company could bear legal liability.
The driver of the vehicle or the company may not be the only ones who are responsible for the accident. If the accident involved a semi-truck, other entities, such as the truck maintenance provider or the cargo loading company, may also share liability.
If the car is checked out and it turns out that a part or piece of equipment caused the accident, the company that made, sold, or supplied that part may also be responsible.
When large companies are involved—often backed by experienced insurers and legal teams—they may attempt to shift partial blame onto the deceased. Additionally, in cases where more than one person may be responsible, it is crucial to consult our experienced car accident attorneys at Beck & Beck Missouri Car Accident Lawyers.
How Our Missouri Fatal Car Accident Lawyers Can Assist
We know that going through a legal process after losing a loved one is an overwhelming experience. At Beck and Beck Missouri Car Accident Lawyers, we aim to guide you through the entire process, allowing you to focus on healing. Our legal team is here to assist you in every step. Let us handle the legal details.
What you can expect from us:
To Build a Strong Case:
We carefully and thoroughly put together your case. Our skilled lawyers investigate the incident, determine who is at fault, and obtain any relevant documents, such as police reports, medical examiner records, and, if necessary, the data from the car’s black box.
We focus on proof that is strong enough to stand up in court and tell the whole picture of what happened.
To accurately and precisely reconstruct the events, we also collaborate with experts in accident reconstruction and review footage from traffic cameras. When necessary to determine whether impairment was a contributing factor—a consideration that might be crucial in wrongful death litigation—we seek toxicology reports.
Taking Care of Insurance Issues:
We are committed to helping you get a fair and legal settlement. Our team handles all of the communication with the insurance companies. We ensure that all necessary evidence is submitted to prevent anyone from attempting to shift blame or reduce compensation.
Under RSMo § 537.765, Missouri has a pure comparative fault system. This means that if more than one person causes an accident, each is liable in proportion to their fault.
In such cases, insurers may attempt to shift some of the blame to the deceased person to reduce the amount they must pay. We directly communicate with insurance companies to challenge these tactics and ensure that you and your family receive the full and fair compensation you deserve.
Compassionate Support
Our goal is to make this experience easier for you. Therefore, we provide additional support, including connections to licensed grief counselors and assistance with accessing victim compensation resources.
Free Consultations and Personalized Legal Advice
People in situations like this want to know what’s happening and how to proceed. That’s why we offer a free first meeting to provide you with a clear understanding of your case from the start.
Reasons For Fatal Car Accidents in Missouri
In 2024, Missouri reported 955 fatal car accidents. These are the most common causes:
- Driving while not paying attention – This is still one of the main reasons why people die in car accidents in Missouri. Texting, using a GPS, or changing the radio while driving can distract you and lead to fatal car accidents.
- Driving while impaired – Driving under the influence of alcohol or drugs remains a significant cause of deadly crashes in the state.
- Driving with excessive speed – Speeding is a serious problem in Missouri and is a leading cause of fatal car crashes.
- Weather-related incidents – Missouri’s weather can change a lot, especially in the winter and during storms. These conditions make roads slick, reduce visibility, and increase the danger of driving, all of which contribute to a higher number of fatal accidents.
- Mechanical problems – While less frequently reported than behavioral causes, they still contribute to fatal accidents. The most common mechanical issues leading to crashes include brake failures, engine malfunctions, and tire defects.
Time Limit to File a Wrongful Death Lawsuit in Missouri
When a tragic car accident occurs, timing is vital. Legal deadlines are stringent, and missing them results in losing the ability to seek justice entirely.
Missouri Revised Statutes Section 537.100 gives families three years from the date of death to initiate a wrongful death claim. This timeline only applies when someone dies as a result of the crash. It isn’t flexible.
Experienced Missouri Law Firm for Wrongful Death
With over three decades of experience, Beck & Beck Missouri Car Accident Lawyers has successfully recovered over $105 million dollars for our clients. The outcomes presented herein stem from our concentrated efforts, specialized expertise, and steadfast dedication to representing car accident victims throughout the state of Missouri.
Our firm takes pride in being the only personal injury law practice in Missouri that focuses exclusively on car accident cases. This targeted approach enables us to provide each claim we manage with specialized insight and strategic counsel.
Cities in Missouri where we have helped residents with wrongful and accidental death claims include St. Louis, Florissant, O’Fallon, Jefferson City, Independence, Kansas City, Doniphan, Cape Girardeau, and more.
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