Missouri Accident Lawyer Blog

58-year-old Ellon Stradford of Lincoln, Missouri lost her life in a Benton County Missouri multivehicle accident on July 11, 2011 in the afternoon. There is no arrest information, but the Missouri State Highway Patrol indicated that an investigation continues.

The accident began as Stradford drove northbound on US-65, north of Sterett Creek. Timothy B. Underwood of Collins, Missouri and Carmen L. Henke of Sedalia, Missouri drove southbound. Stradford failed to negotiate a curve in her 2007 Ford, crossing the center of the roadway. Stradford slammed into the 2006 Chevrolet driven by Underwood. The crash was nearly a Missouri front end collision. The impact created debris that hit the 2010 Ford driven by Henke.

Stradford was pronounced dead at the scene of the accident by Benton County Coroner Jim Reeser. Underwood was taken to St. John’s Hospital by the Staff of Life. Underwood was not wearing a seatbelt during the accident. Whether Stradford wore a safety device is unknown.

According to the National Highway Traffic Safety Administration (NHTSA) hundreds of Missourians die in car accidents each year. According to the Fatality Analysis Reporting System (FARS), there were 878 fatalities in Missouri car accidents in 2009 alone. Fatal car accidents create tremendous and tragic loss for the state of Missouri.

Car accident fatalities are difficult for family members to deal with because they are sudden. Hard decisions become even more difficult to make in a state of grief. However, families must make difficult decisions when a loved one passes away. One decision that families are confronted with after an accident is whether to file a wrongful death claim.

The statute of limitations restricts the amount of time that a family has to file a wrongful death lawsuit after a Missouri car accident. Statutes of limitations are different in every state. Even within Missouri, the statute of limitations differs by the type of claim. For example, the statute of limitations period in which a family member could file a Missouri wrongful death claim may be shorter than the period in which a living accident victim could file a personal injury claim.

Grieving family members should seek a legal consultation about their rights to make an informed decision about filing a wrongful death claim before it is too late. After the statute of limitations tolls, the right to sue is extinguished.