Chesterfield Man Killed in St. Louis County Missouri Wrong Way Crash
James V. Gobble, 35, of Chesterfield died in a St. Louis County Missouri head on car accident. The Saint Louis County Missouri front impact car accident occurred on eastbound I-64, east of Boone’s Crossing.
Gobble drove a 2005 Honda Civic westbound on the eastbound lanes of I-64 at 9:32pm on December 01, 2011. The Civic crashed head on into a 2004 Nissan Altima driven by Jorge P. Hernandez of O’Fallon, Missouri. The Civic and Nissan were both totaled in the St. Louis County Missouri car accident. The Missouri State Highway Patrol and local authorities could not immediately uncover why Gobble drove against traffic on the interstate highway.
Both Gobble and Hernandez were transported by Monarch Ambulance to Mercy Hospital in Creve Coeur, Missouri for medical treatment. Gobble was pronounced dead at the hospital. The authorities notified his next of kin. Hernandez survived the fatal St Louis County Missouri head on collision.
Occasionally, the person who passes away in a fatal Missouri car accident is the person who caused the accident. In this situation, a surviving accident victim may worry about whether they can obtain compensation for their injuries. If the person who caused the accident is dead, who may be sued?
In Missouri, the estate of a negligent driver may be sued in this situation. The lawsuit would continue just as if the negligent driver were still alive, with minor differences. For example, the summons and complaint would have to be served on the estate’s executor. This policy allows injured parties to recover compensation for injuries that resulted from the negligent conduct of another person. The accident victim should not have to bear the burden of recovering from the accident merely because the person who caused the accident passed away.
Missouri statute §537.020 allows personal injury and wrongful death to survive, “regardless of the death of either party.” This statute provides the substantive legal basis for the accident victim’s ability to file suit against the estate of a negligent driver.
Whether to file suit against the estate of a negligent driver is a serious decision that an accident victim should not take lightly. Accident victims may be concerned about other parties who may need to recover from the estate. Some accident victims feel uncomfortable suing the estate with the knowledge that spouses and children were left behind by the negligent driver. Our Missouri car accident attorneys understand the serious concerns that accompany the decision to sue. Contact our attorneys for a free legal consultation to discuss the legal and personal issues that may affect your decision.
