Losing a loved one in a truck accident is a devastating experience, and while no legal action can undo the loss, pursuing a wrongful death lawsuit can help families obtain financial compensation and justice. Missouri law has specific guidelines regarding who can file a lawsuit following a fatal truck accident. Below, we’ll cover these legal parameters, the types of damages available, and the steps involved in filing a claim.
Understanding Wrongful Death Lawsuits in Missouri
In Missouri, wrongful death lawsuits are governed by Missouri Revised Statutes § 537.080. A wrongful death occurs when someone’s negligence or wrongful act results in another person’s death. Truck accidents, often caused by driver fatigue, improper maintenance, or reckless driving, are common causes of wrongful death claims.
The law outlines a specific hierarchy of individuals who are eligible to file a lawsuit.
Who Can File a Fatal Truck Accident Lawsuit in Missouri?
Missouri law prioritizes certain individuals who can pursue a wrongful death lawsuit:
- Immediate Family Members
- The deceased person’s spouse, children, or parents are the first in line to file a lawsuit. These immediate family members are considered the primary beneficiaries under Missouri law.
- Siblings (if no immediate family exists)
- If the deceased has no surviving spouse, children, or parents, the right to file passes to their siblings or their descendants.
- Personal Representative of the Estate
- If there are no eligible family members, the personal representative of the deceased’s estate may pursue the claim. The personal representative acts on behalf of the estate and distributes any compensation according to the deceased’s will or Missouri’s intestacy laws.
- Court-Appointed Plaintiff Ad Litem
- In rare situations, when none of the above parties exist or are willing to file, the court may appoint a plaintiff ad litem to file the lawsuit on behalf of the deceased’s estate or beneficiaries.
Key Factors to Prove in a Wrongful Death Lawsuit
To succeed in a fatal truck accident lawsuit, the plaintiff must establish the following:
- Duty of Care: The truck driver, trucking company, or another party owed a duty of care to the victim.
- Breach of Duty: The defendant breached their duty by acting negligently (e.g., speeding, driving under the influence, or violating trucking regulations).
- Causation: The breach of duty directly caused the fatal accident.
- Damages: The victim’s death resulted in financial and emotional damages to the family.
What Damages Can Be Recovered?
Missouri allows family members to seek compensation for a wide range of damages in fatal truck accident lawsuits. These include:
- Economic Damages
- Funeral and burial expenses
- Medical expenses incurred before the victim’s death
- Loss of financial support or income
- Non-Economic Damages
- Emotional pain and suffering
- Loss of companionship, comfort, and guidance
- Punitive Damages
- In cases involving extreme negligence, such as intoxicated driving or willful misconduct, punitive damages may be awarded to punish the defendant and deter similar conduct.
Statute of Limitations in Missouri
The statute of limitations for wrongful death lawsuits in Missouri is generally three years from the date of the victim’s death, as outlined in Missouri Revised Statutes § 537.100. Failing to file within this period can result in the case being dismissed.
Who Can Be Held Liable in a Fatal Truck Accident?
Determining liability is critical in fatal truck accident cases. Potential defendants include:
- Truck Drivers
- Drivers may be held liable if they were speeding, driving under the influence, or otherwise negligent.
- Trucking Companies
- Employers may be liable for negligent hiring practices, failure to maintain vehicles, or pressuring drivers to violate hours-of-service regulations.
- Truck Manufacturers
- If a defective truck part contributed to the accident, the manufacturer may share liability.
- Third Parties
- Other entities, such as cargo loaders or maintenance providers, may also be held accountable if their actions contributed to the accident.
How to File a Fatal Truck Accident Lawsuit in Missouri
Filing a wrongful death lawsuit involves several critical steps:
- Consult an Attorney
An experienced Missouri wrongful death lawyer can evaluate the case, gather evidence, and identify liable parties. - Investigate the Accident
Evidence such as accident reports, witness statements, and trucking logs will be collected to establish liability. - File the Lawsuit
The attorney will file a wrongful death lawsuit on behalf of eligible family members or the estate. - Negotiate or Litigate
Many cases settle through negotiation, but some may proceed to trial if a fair agreement cannot be reached.
Frequently Asked Questions
Can multiple family members file separate lawsuits for the same fatal truck accident?
No, Missouri law requires that a single wrongful death lawsuit be filed. Eligible family members may collaborate to file one lawsuit and share any awarded compensation.
What if the deceased was partially at fault for the accident?
Missouri follows a comparative fault rule, meaning compensation may be reduced based on the deceased’s percentage of fault. For instance, if the deceased was 20% at fault, the award would be reduced by 20%.
Can I file a lawsuit if my loved one was killed as a truck passenger?
Yes, family members or representatives can file a wrongful death lawsuit regardless of whether the deceased was a truck driver, passenger, or another motorist.
Seek Legal Guidance for Fatal Truck Accident Lawsuits in Missouri
If you’ve lost a loved one in a fatal truck accident, understanding your rights and legal options is essential. Missouri’s wrongful death laws are complex, and pursuing a claim requires careful navigation of statutes, evidence collection, and procedural rules.
We can help you secure the justice and compensation your family deserves. Contact us today to schedule a consultation and take the first step toward holding the responsible parties accountable.