Missouri Car Accident Lawyer Blog: St. Louis Woman Dies in One Vehicle Crash on New Years Day
Amanda Wright was killed in a one vehicle car accident during the early morning hours of New Years' Day. According to police, Ms. Wright was riding as a passenger in a vehicle operated by an unidentified 28 year old man. Initial investigation revealed the car hit a curb on Loughborough Drive, hit a tree and overturned. The coroner pronounced Ms. Wright dead at 2:43 am. Police say the operator of the car was speeding. Local newspapers have reported toxicology tests were being sought. The operator of the car only sustained minor personal injuries. As more information becomes available, we will post it here.
In Missouri, when a death occurs within 8 hours of a car accident, the law requires the blood of the deceased to be taken and analyzed for the presence of intoxicants. This law, codified at 58.445, as written, extends to the operator of the vehicle as well as passenger. The purpose of this law is to determine if intoxicants were involved in the vehicle crash. While this Missouri law makes sense if the decedent of the vehicle was the driver, its applicability to passengers is not quite apparent and defies reason.
Missouri has a similar law, codified at 577.020, often referred to as the "Missouri Implied Consent Law" which basically states that a person who operates a motor vehicle in which a Missouri wrongful death occurs, that person has impliedly consented to have a sample of his or her blood, breath, or urine tested. However, a driver may revoke his or her implied consent if they wish after the wreck happens. If one chooses to revoke this consent, Missouri law requires a suspension of that person's driving privileges.
While local news reported toxicology reports were being sought, that does not necessarily mean they will be obtained. The driver in this St. Louis car accident may have refused to submit a sample of his blood, breath or urine.
If an when additional information becomes available regarding this horrible St. Louis Missouri car accident and wrongful death case, we will update this blog.
