Understanding Fatal Car Crashes
According to the Insurance Institute for Highway Safety, more than 40,000 people—mothers, fathers, sons, and daughters—were killed in traffic collisions across the United States in 2023 alone. All too often, these horrific tragedies were entirely avoidable and only occurred because a driver chose to speed, get behind the wheel while impaired, or engage in other reckless and negligent behavior that placed everyone on the road at risk.
This isn’t just a national problem—it hits close to home, impacting our entire region:
- Arkansas:Â Arkansas reported 596 traffic fatalities in 2023, making it one of the most dangerous states for drivers. The primary risks are high speeds and lane departures on rural highways.
- Missouri:Â A staggering 991 lives were lost on Missouri roads that year. Speeding and impaired driving were the main culprits, with rural roads proving especially deadly.
- Oklahoma:Â With 718 traffic deaths in 2023, Oklahoma’s fatality rate is higher than the national average. High-speed crashes and impaired driving were also the leading causes of fatal crashes that year.
No two car wrecks are alike. The difference between a serious injury and a fatality simply comes down to physics and circumstances:
- Speed and Force Multiplication:Â Higher speeds exponentially increase the energy released in a crash, overwhelming vehicle safety systems.
- Direction of Impact:Â Head-on and side-impact collisions offer less structural protection than rear-end crashes.
- Vehicle Intrusion:Â When the cabin is compromised, occupants suffer direct trauma.
- Vulnerability:Â Pedestrians and motorcyclists have no structural protection against impact.
Most Common Fatal Car Crashes
While any car crash can turn deadly under the right circumstances, certain types of motor vehicle crashes are consistently associated with the highest fatality rates.
Head-On Crashes
Head-on collisions are among the deadliest wrecks on the road. When two vehicles collide while traveling in opposite directions, the forces involved are effectively doubled. These crashes frequently result in catastrophic head injuries, massive internal trauma, and fatal chest injuries—particularly on highways and rural roads where speeds are highest.
Rear-End Collisions
Rear-end crashes are often dismissed as “minor” fender-benders, but at highway speeds, they are anything but. When a stopped or slowing vehicle is struck from behind at full speed, the occupants may suffer fatal spinal cord injuries, traumatic brain injuries, or be pushed into additional traffic, compounding the damage.
T-Bone and Side-Impact Collisions
Vehicle occupants involved in a T-bone crash have very little structural protection. When struck broadside, intrusion into the passenger compartment is often catastrophic, leading to fatal injuries for drivers and passengers closest to the impact.
Rollovers
Rollover crashes dramatically increase the risk of death due to occupant ejection and roof crush injuries. These crashes frequently occur on rural roads, curves, and high-speed highways, and often involve SUVs and pickup trucks with a higher center of gravity.
Chain-Reaction Crashes
While rare relative to other types of crashes, multi-vehicle pileups cause a disproportionate number of fatalities every year. Victims may be struck multiple times from different directions, pinned inside vehicles, or exposed to secondary dangers such as fire or fuel leaks.
Pedestrian Fatalities
Federal crash data consistently shows pedestrian crashes have disproportionately high fatality rates, even at relatively low speeds, due to the complete lack of physical protection.
Motorcycle Crashes
Motorcyclists are exposed to direct impact forces with little margin for survival. Even single-vehicle motorcycle wrecks frequently lead to fatal head, chest, and internal injuries, particularly when speed or road conditions are factors.
Your Legal Rights After a Fatal Car Crash
When a fatal vehicle crash is caused by another driver’s negligence, the laws of Arkansas, Missouri, and Oklahoma allow survivors to pursue compensation through wrongful death lawsuits and, in some situations, related survival actions.
A wrongful death lawsuit focuses on the losses suffered by surviving family members after a loved one is killed and seeks to address the consequences a wrongful death creates for those left behind.
A survival action, by contrast, is brought on behalf of the deceased person’s estate. Rather than focusing on the family’s losses, these claims address what the deceased experienced between the time of injury and death. As a result, they are only filed when the evidence shows that the individual survived the crash for a period of time and endured injury, medical treatment, or conscious pain before passing.
Both wrongful death lawsuits and survival actions are subject to strict filing deadlines—statutes of limitations—in Arkansas, Missouri, and Oklahoma. While the specific deadlines vary by state, the bottom line is the same: if a case is not filed on time, you and your family could lose your rights to pursue compensation forever.
How Liability Is Determined After a Fatal Car Collision
Sometimes, liability in a fatal car crash is clear-cut, especially when a wreck involves only two vehicles and the actions of a single driver are clearly to blame. However, factors and circumstances often arise that complicate the question of fault, such as:
- Multi-vehicle or chain-reaction crashes, where vehicles are pushed into one another, and responsibility depends on the sequence of impacts.
- 18-wheelers and other commercial vehicles, where driver conduct, company policies, maintenance practices, and federal safety regulations may all be relevant.
- Poor road conditions, including unsafe work zones, missing signage, inadequate lighting, or dangerous roadway design.
- Defective vehicle components, such as brakes, tires, airbags, or steering systems, that failed to perform as intended.
- Mechanical failures or negligent maintenance, where a vehicle was unsafe to operate before the crash.
Arkansas, Missouri, and Oklahoma have enacted variations of comparative fault laws that apply when more than one party is at fault in a collision. This means the actions of all individuals and entities involved are considered when determining how the crash occurred and which parties contributed to it. Each found liable is then required to pay injured victims and surviving loved ones a share of the compensation proportionate to their degree of liability.
If the person who was killed was speeding, failed to yield, or otherwise contributed to the collision, the amount their family ultimately recovers will also be reduced based on the percentage of fault assigned to them, in accordance with the laws of the state where the crash occurred.
Insurance companies are notorious for exploiting comparative fault laws to reduce their payouts and protect their bottom line. Rest assured, if they attempt to do so in your case, our Arkansas car accident attorneys will push back aggressively to prevent blame from being unjustly placed on your loved one.
What the Law Allows Families to Recover
If you choose to pursue a wrongful death lawsuit after a fatal car crash, and your case is successful, you can be awarded damages for the losses you and your family incurred after your loved one’s death. Depending on the specific state laws governing your case, this may include:
- Medical expenses related to the final injury, including emergency care and treatment provided before death.
- Funeral and burial expenses.
- Loss of financial support, including wages, benefits, and future earning capacity the deceased would have provided.
- Loss of household services, such as childcare, maintenance, transportation, or caregiving.
- Loss of companionship, guidance, and support suffered by surviving family members.
- Mental anguish, where allowed by law, for the emotional impact of the loss.
In cases where the evidence shows the deceased survived the crash for a period of time, a successful survival action may allow their estate to recover:
- Emergency medical treatment and hospitalization required after the crash.
- Conscious pain and suffering experienced before death.
- Lost income during the period between injury and death.
Our Arkansas Attorneys Are Ready to Take on Your Fight
We understand that no amount of compensation will ever replace your loved one, but pursuing wrongful death and survival claims can help your family gain some semblance of justice and provide the financial security you’ll need to rebuild your lives as you work through your grief.
Let our Arkansas car accident attorneys take on your fight. Reach out 24/7 at 800-671-4100 or online to schedule a free consultation and learn how Caddell Reynolds Law Firm can support you during this difficult time. We’ll listen to your story, answer your questions, and explain what it will take to win your case.