Summersville, Missouri Car Accident Kills One Driver and Seriously Injures Another

Post Date: November 25th, 2009

Tragically, Carol Bell was killed during a car accident this past Monday near Summersville, Missouri.  The wreck was investigated by the Missouri Highway Patrol.  Initial reports are that the crash occurred when a SUV driven by John Cook of Mountainview crossed the centerline and collided head on with Bell’s Impala.  It is further being reported that Cook was not wearing his seatbelt, however, Bell was.

Authorities announced that Bell did not survive the crash.  Cook was listed in serious condition and was flown by helicopter to St. John’s Hospital in Springfield, Missouri.

My heart goes out to the families of both Cook and Bell.  It is not currently being reported as to why Cook may have crossed the center line.  However, this goes to show how dangerous it can be to take your eyes off the road for just a few seconds.

It is not known whether any claim is being made by Bell’s family against Cook’s insurance carrier.  Many people think that to make a valid claim, it must be shown that the responsible driver was acting maliciously or intentionally.  However, this is not the case.  Missouri law requires that all drivers act with the highest degree of care.  If they fail to do so, they are deemed to be negligent and the injured person is entitled to be compensated for their injuries.  Missouri wrongful death cases are somewhat different and governed by their own law.  Specifically they are governed by RSMo §537.080.  Missouri’s wrongful death statute allows a claim to be brought by the deceased’s parents, spouse and/or children.  In cases where one of the surviving relatives was dependent upon the deceased for financial support, such as children, those relatives can bring a claim for that loss of financial support.  However, beyond that, the greatest loss is often the human loss.  Missouri law recognizes this and additionally allows that class of relatives to be compensated for what is called Loss of Society, Consortium and Companionship.

Especially during this holiday season, we all need to be especially mindful of paying attention on the roads.

Joshua P. Myers is the President of Myers Injury Law and a Missouri car accident lawyer.  His practice focuses entirely on personal injury law.  He has been inducted into the Order of Barristers for Outstanding Oral Advocacy and has also been honored into the American Association for Justice which is limited to the Top 100 Trial Lawyers in each state.  If you’ve been injured in a car wreck and would like to speak with a Missouri car wreck attorney, please feel free to call Josh at 888.956.2487.  He handles catastrophic injury cases throughout all of Missouri and Illinois.  Additionally, there is never any fee to speak about a case and there is never any fee until we recover on your behalf.

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