Pedestrian accidents can have devastating consequences. Without the protection of a vehicle, pedestrians are especially vulnerable when struck by cars, trucks, or other motor vehicles. When a pedestrian accident results in a fatality, surviving family members may be left dealing with emotional loss as well as funeral costs, lost financial support, and other unexpected burdens.

Missouri law allows certain surviving family members to pursue a wrongful death claim when a person's death results from circumstances that would have allowed the deceased to pursue damages had they survived. For families in St. Louis, understanding how Missouri wrongful death law applies to fatal pedestrian accidents can be an important first step toward protecting their legal rights.

When Can a Pedestrian Accident Lead to a Wrongful Death Claim?

A wrongful death claim may arise when another person's or entity's wrongful conduct contributed to a pedestrian's death. In pedestrian accident cases, determining liability often requires examining the driver's actions and the circumstances surrounding the collision.

Potential causes of fatal pedestrian accidents may include distracted driving, speeding, impaired driving, failure to yield, running a traffic signal, or otherwise failing to operate a vehicle safely.

Missouri traffic law provides protections for pedestrians in certain situations. For example, when traffic signals are not present or operating, drivers generally must yield to pedestrians crossing within a crosswalk under the circumstances specified by state law. Missouri law also imposes responsibilities on pedestrians, including yielding to vehicles when crossing outside a marked crosswalk or an unmarked crosswalk at an intersection.

Because liability can depend heavily on where and how an accident occurred, investigating the evidence surrounding a fatal pedestrian collision is often essential.

Who Can File a Missouri Wrongful Death Claim?

Missouri law establishes an order for determining who may bring a wrongful death action. The first group generally includes the deceased person's spouse, children, surviving descendants of deceased children, or parents. If nobody in that group is entitled to bring the claim, certain siblings or their descendants may be able to do so. If no eligible person exists in those categories, a court may appoint a plaintiff ad litem under the circumstances provided by law.

These rules can become important when several relatives may have an interest in a wrongful death case. Missouri generally permits only one wrongful death action against a defendant for the death of one person.

What Compensation May Be Available?

No financial recovery can replace a loved one. However, a Missouri wrongful death claim may provide compensation for losses resulting from the death.

Under Missouri law, recoverable damages can include financial losses, funeral expenses, and the reasonable value of services, consortium, companionship, comfort, instruction, guidance, counsel, training, and support that surviving family members have lost. Certain damages suffered by the deceased between the injury and death may also be recoverable. Missouri's statute specifically provides that damages for grief and bereavement themselves are not recoverable.

The value and types of damages available will depend on the circumstances of the individual case.

Evidence in a Fatal Pedestrian Accident Case

Establishing what happened in a pedestrian collision may require evidence from several sources. Police reports, surveillance or traffic-camera footage, photographs, witness statements, vehicle damage, medical records, and electronic or phone records may all become relevant.

In some cases, evidence may help establish whether the driver was speeding, distracted, impaired, or failed to yield. Preserving evidence as soon as possible can be particularly important because video footage may be overwritten, witnesses may become difficult to locate, and physical conditions at the accident scene can change.

How Long Do Families Have to File a Wrongful Death Claim in Missouri?

Missouri generally requires a wrongful death action under Section 537.080 to be commenced within three years after the cause of action accrues, although specific circumstances can affect how a filing deadline applies.

Families should not assume they have plenty of time simply because the general deadline is three years. Investigating a fatal pedestrian accident, identifying potentially responsible parties, preserving evidence, and dealing with insurance companies can take time.

Wrongful Death Pedestrian Accident Claims in St. Louis

Pedestrians throughout St. Louis share streets and intersections with passenger vehicles, rideshare vehicles, commercial trucks, buses, and other traffic. When a fatal pedestrian collision occurs, determining responsibility may involve more than simply reviewing the initial police report.

Depending on the circumstances, an investigation may consider driver behavior, traffic signals, crosswalk locations, visibility, roadway conditions, witness accounts, and other evidence.

Families facing the loss of a loved one may benefit from understanding their options before communicating extensively with insurance companies or agreeing to a settlement.

Contact The Khouri Law Firm About a St. Louis Wrongful Death Claim

Losing a family member in a pedestrian accident can leave loved ones facing difficult legal and financial questions during an already painful period. Understanding who may bring a claim, what damages may be available, and how Missouri's filing deadlines apply can help families make informed decisions.

At The Khouri Law Firm, we can provide legal assistance to individuals and families in the St. Louis, Missouri area dealing with wrongful death and pedestrian accident claims. If your loved one was killed in a pedestrian accident caused by another party's actions, consider contacting The Khouri Law Firm to discuss your circumstances and available legal options.