A horrific single-vehicle accident on California’s Angeles Crest Highway tragically claimed the lives of Call of Duty co-creator Vince Zampella and his passenger when their high-performance supercar veered off the road and erupted into flames.
Details highlighted by the New York Post show just how quickly the gap between a high-horsepower vehicle’s capability and the road’s forgiveness can close.
When a passenger is killed in a high-speed accident, their surviving family is often left trying to understand their legal rights.
Read on to get a glimpse of potential litigation that could arise under Missouri law.
Missouri Wrongful Death Attorney: High-Performance Speed and the “Duty of Care”
Driver Negligence and Speed Differentials in Missouri
Operating a vehicle with massive horsepower demands extraordinary skill and judgment.
Under Missouri Revised Statutes section 304.012, every motorist is legally required to operate their vehicle in a careful and prudent manner, and at a rate of speed, to avoid endangering others and their property.
When a driver exceeds safe speeds and loses control, a passenger’s family may pursue a civil claim against the driver’s estate, even if the driver also perished in the crash.
Fatal car accident risk on mountain highway – consult a Missouri wrongful death attorney
In Missouri, proving a violation of statutory speed or safety rules can establish negligence per se, effectively confirming a breach of legal duty in a civil lawsuit.
Wrongful Death Claims vs. Survival Actions in Missouri
Missouri law provides two distinct pathways for families seeking civil accountability following a fatal accident. Knowing the difference, and the strict timelines attached to each, is vital.
1. Wrongful Death Actions
Under Missouri Revised Statute section 537.080, a surviving spouse, child, or parent can file a lawsuit when a loved one’s death is caused by a negligent act.
- Damages: Families can pursue compensation for funeral expenses, loss of financial support, and the loss of companionship, guidance, and counsel.
2. Survival Actions
A survival action operates differently. Governed by Missouri Revised Statute section 537.020, this action preserves a personal injury claim for pain, suffering, or medical bills incurred by the victim prior to their passing.
- Timeline: The statute of limitations to file both a wrongful death and a survival action is typically three years from the date of the injury or death.
Navigating Complex Roadway Tragedies: Consult a Missouri Wrongful Death Attorney
Whether an accident occurs on a California mountain pass or along the winding rural routes of Boone County, Missouri, the legal principles of passenger protection are almost the same.
High-profile, high-asset cases often turn on foundational Missouri statutory rules that protect everyday families – a reality we observe across various legal sectors, similar to the asset and property complexities outlined in WWE Superstar Randy Orton’s Missouri property division.
If you are dealing with the aftermath of a catastrophic crash, early legal intervention is critical to preserving evidence, securing witness accounts, and protecting your rights.
Speak With a Personal Injury Attorney in Missouri
At Harper, Evans, Hilbrenner & Netemeyer, we bring multiple decades of legal experience to complex motor vehicle accident and wrongful death litigation, among other practice areas.
Contact us today at (573) 442-1660 or visit lawmissouri.com for a free, confidential case evaluation.
We work on a contingency basis, meaning you owe no upfront fees unless we secure compensation for your family.
Disclaimer: This article is provided for informational purposes only and does not constitute legal advice or form an attorney-client relationship. Every situation depends on unique facts; consult a local licensed attorney regarding your specific circumstances.