The National Highway Traffic Safety Administration (NHTSA) reports that the risk of death in a car crash is around one in 114.
Let’s take a closer look at car crashes and what puts people at risk.
Common Factors That Lead to Car Crash
Unfortunately, several factors come into play leading to a car crash. Some of the common ones are:
- Driver error such as drunk driving, speeding, and distracted driving
- Vehicle failure such as faulty brakes or steering
- Road conditions such as icy roads or potholes
- Bad weather such as fog, rain, and snow
What Can You Do to Stay Safe on the Road?
While the last thing on your mind when you get in your car is to die in a car crash, it would not hurt to know how to reduce these odds. Here are a few things you can do to reduce your risk of getting in a car crash.
1. Always Wear Your Seat Belt
Seat belts are the single most effective way to reduce your risk of dying in a car crash. They can prevent you from being thrown from the car or from being hit by flying debris. So, make sure you buckle up every time you get in your car, no matter how short the trip is. And ensure that your passengers are wearing their seat belts too.
2. Always Obey the Speed Limit
Driving too fast makes it difficult to react to sudden changes in the road, putting you at risk of getting into a car crash. So, obey the speed limit and be aware of how fast you’re going.
3. Never Drive While Impaired
Drunk driving is one of the leading causes of car crashes in America. If you’ve been drinking, don’t get behind the wheel–there are plenty of ways to get home safely without endangering yourself or others.
Likewise, never drive while impaired by drugs. Even prescription medications can make it difficult to drive safely.
4. Don’t Drive if You’re Not Feeling Well
There’s no shame in admitting that you’re not up for driving and finding another way to get where you need to go. If you’re feeling sick, tired, or just not yourself, it’s best to stay off the road.
5. Don’t Risk Driving if the Conditions Are Too Dangerous
There’s no need to take risks when it comes to driving. If the conditions are too dangerous, for example, if the roads are icy, foggy, or covered in snow, it’s best to stay off them. Again, there’s no need to put yourself or others in danger.
Missouri Wrongful Death Claim
If your loved one dies because of another person’s negligence, you may be able to bring a wrongful death lawsuit against the at-fault party.
Nothing is more painful than losing a loved one in a car accident. While there is nothing that you can do to bring back your family member, you do need to ensure your rights are protected and you can move forward financially. If your loved one dies because of another person’s negligence, you may be able to bring a wrongful death lawsuit against the at-fault party.
Wrongful death occurs when a person causes the death of another person due to a negligent or intentional act. Since the deceased person cannot pursue a claim against the at-fault person, their close family members can recover damages on the deceased person’s behalf. If you have lost a loved one in a car accident and you intend to file a wrongful death suit, there are certain things you need to keep in mind, such as the statute of limitations.
Missouri statute of limitations
Wrongful death cases are governed by individual state statutes. In Missouri, you can bring a wrongful death lawsuit in circumstances where had the victim not died, he/she would have been able to recover damages for the car accident. If you have to bring a wrongful death lawsuit involving a car crash, you must prove a cause of action for negligence because this is what the deceased person would have done had they survived the accident.
Missouri’s wrongful death statute allows the following family members to file a wrongful death lawsuit on behalf of the deceased. These include:
- Natural or adopted grandchildren
- Natural or adopted father or mother
The wrongful death statute also states that if none of the above-mentioned family members are alive, the deceased person’s sister or brother can file a lawsuit as long as they can establish their right to do so.
Making a wrongful death claim
Survivors of a deceased car accident victim can generally claim the same damages that the victim would have been eligible to recover if he/she had been alive. They can also recover pecuniary damages resulting from their loved one’s untimely death. The survivors may recover the following damages:
- Punitive damages: These damages are intended to punish the at-fault person for their egregious conduct.
- Economic damages: This amounts to the financial contribution the victim would have made to the survivor had he/she been alive
- Non-economic damages: These include loss of consortium, companionship, comfort and support
Missouri’s wrongful death statute does not allow survivors to recover compensation for grief and bereavement. The law mandates that the wrongful death lawsuit must be filed in a timely manner.
Speak With a St. Louis Car Accident Attorney
Wrongful death lawsuits can be complex, so it is important that you speak with an experienced St. Louis auto accident attorney who can help you navigate the process. Call The Hoffmann Law Firm, L.L.C. 24/7 at (314) 361-4242 to set up a FREE consultation.
Free Consultation with a St. Louis Car Accident Lawyer
Don’t talk to an insurance claims adjuster before speaking with The Hoffmann Law Firm, L.L.C. We can help you avoid making statements that may affect the outcome of your case. The consultation is free; you don’t pay unless we get you money!