SUV Crash Involving Speeding and Alcohol Results in Two Deaths on I-44

July 13, 2012

Just before 3:00 a.m. late last year, two passengers in an SUV lost their lives after the driver lost control and the SUV rolled over on the highway. The driver managed to crawl out of the vehicle before a tractor-trailer truck smashed into it, but was himself struck by a car as he was leaving the area. The driver and another passenger survived with critical injuries, but the two teens struck by the tractor-trailer lost their lives.

Authorities determined that the SUV was traveling at 82 mph at the time of the crash, at minimum, and that the drivers of the car and truck that hit the SUV's occupants were not at fault for the incident. The father of one passenger filed a wrongful death suit against the driver of the SUV and the truck driver.

All four occupants were aged 19 and graduates of Missouri Parkview High School.

Wrongful Death Actions

The immediate loved ones of those killed through the negligence of another may be able to recover some of the expenses associated with the death of the family member.

In order to recover, a wrongful death lawsuit must meet the following requirements:
-The death of an immediate family member (Missouri law holds that a spouse, children or the surviving lineal descendants of any deceased children can bring a wrongful death claim)
-Negligence or misconduct on the part of someone else that caused the death
-Monetary injury to immediate family members as a result of the death


Damages

There are two types of recovery for the family of a deceased loved one who lost his or her life as the result of the misconduct or negligence of another: pecuniary and punitive. Pecuniary damages include the loss of support, services, potential inheritance, and medical and funeral expenses that resulted from the death. Punitive damages are intended to punish the wrongdoer and deter others from performing the same misconduct or negligence. Whether or not punitive damages are available depends on the state. In Missouri, punitive damages are available and not capped, meaning a jury can award punitive damages as it sees fit, but only for willful and malicious behavior (i.e., not simple negligence).

There is no amount of compensation that can replace the loss of a loved one. However, those who have suffered the loss of a loved one may find some help to recover from the devastating loss. If one of your family members has been killed in an accident, contact an experienced wrongful death attorney who can help you to seek justice.

Article provided by Trapp Law Firm
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