Pothole blamed in fatal accident

On Behalf of | Feb 14, 2024 | Motor Vehicle Accidents |

A Missouri family is grieving the loss of one of their 8-year-old child. She was traveling in a vehicle with her mother on a recent Wednesday. The vehicle suddenly struck a pothole in the road, and the mother lost control of the steering wheel, which caused a fatal accident. A day later, the child was pronounced dead.

The mother fractured her spine and pelvis. She was transported to a different hospital than her child. The woman’s sister spoke with reporters, saying that while her sister suffered terrible physical injuries, the pain she feels from losing her daughter surpasses them all. The young girl was pronounced dead Thursday morning after tests confirmed she had no brain activity.

The family believes the fatal collision was preventable

Every loss of human life causes grief. When a child dies, that grief is intensified, and when it is later determined that the incident that caused the death may have been preventable, it only makes matters worse. In this case, the family believes that proper road maintenance and pothole repair could have prevented the accident.

Some states bar lawsuits stemming from damages associated with potholes. However, Missouri is not one of them. When a fatal collision occurs, an immediate family member may file a wrongful death claim against all parties who are deemed responsible for monetary damages, including those responsible for road maintenance.

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