When someone dies in a crash in O’Fallon, Missouri, their family is left with more than just grief. There’s often a lot of confusion about what to do next. Bills start coming in, the police report might not tell the full story and, if another driver was at fault, that needs to be addressed.
Missouri law gives certain relatives the right to file a wrongful death claim, but the process isn’t always clear. That’s where our experienced O’Fallon wrongful death lawyers step in.
At Beck & Beck Missouri Car Accident Lawyers, we help families figure out where to begin, what their options are, and how to move forward—one step at a time.
Need legal assistance with your wrongful death claim in O’Fallon, MO? Our compassionate legal team can help you understand your legal options after a fatal accident. Call (636) 238-5934 for a free consult.
What Our O’Fallon Wrongful Death Lawyers Can Do For You
After a fatal crash, families are left trying to manage grief, finances, and unanswered questions. We take on the legal burden so you can focus on what matters most—being with your loved ones.
Investigating the Cause of the Crash
We begin by looking at every available detail. That includes crash reports, traffic camera footage, eyewitness accounts, vehicle black box data (when available), and toxicology results.
In more complex cases, we work with accident reconstruction experts to clarify how the crash happened and who was at fault.
Managing Insurance Negotiations
Insurers often try to shift blame or reduce the amount they owe. Missouri’s comparative fault rule allows families to recover damages even when their loved one is partly at fault, but it also gives insurance companies room to argue.
We handle those negotiations directly and deal with subrogation claims to make sure outside insurers don’t reduce your compensation unfairly.
Valuing the Full Impact of Your Loss
It’s not just about what was lost financially. Our experienced wrongful death attorneys in O’Fallon, Missouri, work with economic experts and life planners when needed to document future lost income, the cost of care, and the value of household services the deceased provided.
This helps us build a claim that reflects the real toll of the loss.
Filing All Required Legal Documents
Wrongful death claims come with deadlines and strict filing requirements. We prepare and file all necessary court paperwork and track every legal deadline so you don’t have to worry about missing anything.
Why Fatal Motor Vehicle Accidents Happen
Deadly car crashes are rarely random. In most cases, someone’s negligence—or a combination of avoidable factors—leads to a tragic outcome. Here are the main reasons for fatal car accidents:
- Distracted Driving: When a driver takes their eyes off the road to check a text, adjust the radio, or use GPS, even briefly, the risk of a fatal collision rises. These distractions reduce reaction time and situational awareness, especially in busy areas.
- Drunk or Drugged Driving: Alcohol or drug impairment continues to be a major contributor to traffic deaths in Missouri. Intoxicated drivers have slower reflexes and poor judgment, which increases the likelihood of a high-impact crash.
- Speeding: Driving too fast—whether above the speed limit or simply too fast for the conditions—makes it harder to avoid a collision and increases the severity of the impact when one occurs.
- Aggressive Driving: Tailgating, running red lights, and weaving through traffic are dangerous habits that often lead to fatal outcomes. These behaviors are entirely preventable and frequently happen in moments of anger or impatience.
- Hazardous Weather: Snow, ice, fog, or heavy rain can all affect visibility and traction. When drivers don’t slow down or adjust their behavior in poor conditions, the risk of losing control increases.
- Mechanical Failures: Sometimes, the vehicle itself is the issue. Defective brakes, tire blowouts, or faulty steering systems can cause crashes, and in those cases, liability might extend to a mechanic, parts supplier, or manufacturer.
Fatal accidents may feel sudden, but the cause is often clear once the facts are investigated.
What a Wrongful Death Is and Who Can File a Claim
Losing someone to a fatal crash is devastating. When that death was caused by someone else’s negligence or misconduct, Missouri law gives surviving family members the right to pursue a wrongful death claim.
These cases are governed by RSMo Section 537.100, which outlines both the definition of wrongful death and who is allowed to take legal action.
Understanding the Definition of Wrongful Death
In Missouri, a wrongful death occurs when someone dies due to actions or conditions that would have supported a personal injury claim had the victim survived.
In plain terms, if the person could have sued for their injuries, then a wrongful death lawsuit may now be filed instead. The claim allows surviving relatives to seek damages for their loss—whether that means emotional suffering, financial hardship, or both.
Who Has the Legal Right to File?
Not everyone is legally permitted to bring a wrongful death claim. Missouri law follows a clear order:
- First priority goes to the deceased’s spouse, children (including adopted and illegitimate), or parents.
- Second priority applies if the above relatives are no longer living. In that case, the right passes to siblings or their descendants.
- Third priority comes into play only when there’s no one in the first two groups. At that point, the court may appoint a “plaintiff ad litem” to pursue the claim on behalf of those legally entitled to compensation.
Only one wrongful death action is allowed per death, so eligible family members must file together or choose one representative.
Our award-winning O’Fallon wrongful death lawyers have over 35 years experience helping families after fatal accidents. Call (636) 238-5934 to speak with a member of our skilled legal team today.
Proving Fault in a Wrongful Death Lawsuit
Figuring out who’s legally responsible for a fatal crash isn’t always simple because, in some cases, another driver’s actions may be the direct cause. But in others, responsibility might extend to an employer, a manufacturer, or even a third-party maintenance company.
A careful investigation is what helps determine where the blame truly lies.
When the Driver Was on the Job
If the person who caused the crash was working at the time—like driving a commercial truck or company van—their employer may be legally responsible. This is especially true if the company failed to follow safety rules, hired an unqualified driver, or pushed employees to meet unsafe deadlines.
Trucking companies, delivery services, or contractors may all be named in a wrongful death claim depending on the facts.
Other Liable Parties
There are also situations where the crash wasn’t just the fault of the driver. If a vehicle wasn’t properly maintained, and that contributed to the crash, the repair shop or fleet maintenance company could be on the hook.
If the vehicle was overloaded or cargo wasn’t secured correctly, the party responsible for loading it could share liability. These are facts that only come to light through a thorough review of the evidence.
What Happens When a Vehicle Defect Plays a Role
In some fatal crashes, a car part may fail—like the brakes, steering, or tires. If the failure was due to a design flaw or manufacturing defect, the vehicle or parts manufacturer might also be responsible. These claims often require technical analysis and expert input, but they can make a major difference in the outcome of a case.
Why Prompt Legal Action Matters
The sooner our experienced attorneys gets involved, the sooner they can preserve evidence, contact witnesses, and uncover the root cause of the crash. It’s often not just about who was driving—but about everything that led up to that moment.
What To Do After a Fatal Accident
After losing someone in a fatal crash, it’s hard to know what to do next. Grief takes over, but certain steps—taken early—can protect your family’s ability to hold the right person accountable.
- Get a copy of the crash report from the local police or Missouri State Highway Patrol. It may not tell the full story, but it’s the starting point for any legal claim.
- Gather any evidence you can—photos of the scene, contact details of witnesses, or footage from nearby cameras. If you don’t have access to these, our experienced O’Fallon wrongful death attorneys can help.
- Avoid speaking with insurance companies before talking to our attorneys. Insurers may try to get a statement or offer a quick settlement that doesn’t reflect the full value of your loss.
- Keep records of everything—funeral expenses, medical bills, missed work, or anything else tied to the death.
- Schedule a free consultation with our skilled legal team as soon as you’re ready. The sooner you start, the more options you’ll have to protect your family’s future.
Filing Your Claim On Time
In Missouri, the deadline for filing a wrongful death lawsuit is three years from the date of death, not from the date of the crash itself.
This timeline is outlined under Revised Statutes of Missouri Section 516.120, which sets the statute of limitations for these types of claims.
Missing the deadline could mean losing the right to recover compensation, no matter how strong the case may be. That’s why it’s so important to act early—even if the legal process feels overwhelming at first.
Starting sooner gives your attorney more time to investigate, gather evidence, and protect your rights. It also ensures that the claim stays valid if settlement talks don’t work out. If you wait too long, the court will likely dismiss the case entirely.
Compassionate Wrongful Death Law Firm in O’Fallon, Missouri
At Beck & Beck Missouri Car Accident Lawyers, we know that no amount of legal action can ever replace the person you lost. But holding the at-fault driver accountable can help ease the financial pressure and provide some measure of closure.
For 35+ years our team has helped Missouri families through some of the most difficult moments of their lives, and we’re prepared to do the same for you.
We don’t approach these cases like routine claims. We take the time to listen, understand your family’s situation, and build a case that reflects the full weight of your loss.
If someone you love passed away in a crash in or around O’Fallon, don’t wait to get answers. Contact Beck & Beck Missouri Car Accident Lawyers today for a free, private consultation.
Cities in the state of Missouri near O’Fallon where we’ve helped families recover include: Florissant, Jefferson City, St. Louis, Independence, Joplin, Cape Girardeau, Doniphan, Springfield, Kansas City, and more.
