Yesterday, I commented on a catastrophic truck accident that occured on I-55 near McNutt Road in Herculaneum, Missouri.  You can read that original post on our St. Louis Personal Injury Lawyer Blog.  Today, updated details have been released.  As of yesterday, it was being reported that one person had died and several other had been severely injured.  Unfortunately, two people have now died.  This includes a 52-year-old man and a 28-year-old woman from Festus.  Out of respect for the families, the names are being withheld.

One name that is being reported is that of Jay L. Valentine from Texas.  He is identified as the truck driver who caused the collision.  Authorities have not filed any charges against him, however, the Missouri State Highway Patrol will continue their accident reconstruction investigation which is expected to take up to two weeks.

As for the legal analysis, there are multiple potential claims here.  First, Missouri's wrongful death statute applies and grants the right for the families of those killed to file a lawsuit.  Under Missouri law, potential plaintiff's are divided into three classes:

• Class 1 - this includes the parents, spouses, and/or children of the deceased;
• Class 2 - brothers and sisters of the deceased;
• Class 3 - a court-appointed representative.

Essentially how it works is that any person in Class 1 has priority to file a wrongful death claim.  If there are no persons who fit into Class 1, then members of Class 2 have priority.  Wrongful death claimants are allowed to recover by law, not only for the loss of their loved one, but also for the loss of the financial support.  This means that minor children can recover for all of the years worth of financial support they would have received.  Obviously this money is put into a protected fund to make sure it is not squandered or wasted, but rather is there to provide for the child as he or she grows older.  Additionally, spouses can recover by law the financial support that they have been deprived of.  This is often the case when the breadwinning spouse is killed.  The other spouse, often a stay at home mom, is left with no source of income.  Missouri law allows the wife in that situation to recover for all of her husband's lost income. 

As a specialized Missouri Truck Accident Lawyer, I know the games the truck companies and their insurance companies play after a tragedy like this.  They know they will have to compensate these families.  Rather, they try to severely limit the amount they will pay.  It happens every day.  A great attorney who knows how to handle a truck accident case will make sure that they do not get away with this and pay these families equal to what they took away.

Joshua P. Myers is a Premier Missouri Personal Injury Lawyer.  He is a founding partner of his law firm and also the President of Missouri Injury Law, LLC.  His firm specializes solely in severe and catastrophic injury cases with an emphasis on commercial motor vehicle collisions (Semi-Truck Wrecks) - click here for his Missouri Truck Accident Website.  He is a member of the Multi-Million Dollar Advocates Forum - membership is limited to only those top attorneys who have achieved multi-million dollar recoveries in a single case.  Based in St. Louis, MO, his firm handles cases throughout all of Missouri and Illinois.  He can be reached toll-free at 888-956-2487.  It is always free to discuss a potential case and there are never any upfront fees to retain his firm.  Rather, attorney's fees will be taken as a percentage of the recovery and the firm will also front all case expenses.