Legal Analysis of a Springfield, MO Car Accident Resulting in Death of Mother and Son
Post Date: November 6th, 2010
Patience while driving is important for the safety of everyone on the road. When a driver becomes impatient behind a slow moving vehicle, the result can be fatal. As a Missouri Car Accident Attorney, it bothered me to read about a second fatal accident in Missouri that was a direct result of an impatient driver passing a slow moving vehicle. Diana Dawes and her son Ivan Barton were killed when their 2000 Ford Taurus collided head-on with Thomas McGrath as he attempted to pass another vehicle on Highway C.
Near the town of Dixon, Dawes and her son were traveling eastbound as McGrath was approaching from the west. Just before the collision, McGrath attempted to pass a slow moving vehicle in the lane Dawes was traveling. According to the Highway Patrol, McGrath attempted to pass the vehicle in front of him on a hill, which did not make oncoming traffic easy to see. Dawes and her son were not wearing their seatbelts at the time of the accident and were pronounced dead at the scene of the accident from several major injuries. McGrath was airlifted to University Medical Center in Columbia, Missouri, for treatment of moderate injuries.
As for a legal analysis, this matter would be governed by Missouri’s wrongful death statute. Essentially, the statute sets three classes of people who are able to bring a suit for the tragic deaths. Class 1 includes parents, children, and spouses. Class 2 includes brothers and sisters. Class 3 essentially includes the next best suited person who is appointed by the court as a Plaintiff ad litem.
From the initial reports of how the wreck occurred, there seems to be no question regarding McGrath’s negligence. Thus, his insurance company should immediately be held to pay for the damage he caused. One of the ways my firm maximizes the recovery from the insurance companies is to give them a very stringent time limit within which to pay the full amount of the policy limits. If they fail to accept our settlement offer, we can set them up for a possible bad faith claim which essentially eliminates the policy limits.
Passing vehicles on a two-lane road may be legal, but it can also be very dangerous. The lines on the road are there to indicate when a vehicle can safely pass another vehicle. A solid line on the road means it is not safe to pass and dotted lines means there is enough visibility to see oncoming traffic. Roads that are curvy or on a hill always have a solid line because it is not a safe passing zone. If you have been injured in a motor vehicle accident or you have lost someone you love because of negligent driving, please consult an experienced motor vehicle accident attorney immediately. Speaking with an attorney in the days following your accident is essential to build a case against the negligent driver. Call 888.956.2487 to discuss your rights as a motor vehicle accident victim and we’ll help investigate your claim.
Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC. Based in St. Louis, Missouri, his Missouri Car Accident Law Firm routinely handles motor vehicle accidents that result in personal injury or death throughout the Midwest. If you have been hurt or have lost a loved one due to the negligence of another driver, please contact a motor vehicle accident attorney to learn your rights. It is always free to discuss your case and there are never any attorney’s fees until we recover on your behalf.
Tags: accident, attorney, attorneys, auto, car, crash, diana dawes, fatal, ivan barton, killed, lawyer, lawyers, missouri, mo, pass, springfield, thomas mcgrath, wreck
Posted in Fatal Car Accident, MO Car Accidents, Springfield | No Comments »
