When a loved one’s life is lost in a fatal accident, the surviving family members may pursue a wrongful death claim against the driver who caused the crash.
As a Kansas City wrongful death lawyer, I know firsthand the unfortunate fact that most fatal car accidents involve passenger cars. Fatal accidents can also involve commercial trucks or semi-trucks, pick-up trucks, vans, motorcycles, and bicycles.
To successfully assert a wrongful death claim in Kansas or Missouri, the claimants must prove that the other driver’s negligence caused the accident and resulting death. This is required regardless of the kind of vehicle involved— whether it was a passenger car, pickup truck, commercial truck, or motorcycle.
However, the type of vehicle in a fatal accident can be an important factor for understanding what happened and who is at fault for the crash and loss of life.
What Types of Vehicles Cause the Most Fatal Car Accidents?
In a 2025 study published by Kevin McManus Law, we found a connection between the type of cars driven and fatal car accidents. In 2023, there were 991 car accident deaths in Missouri, with more than 50 percent of those involving SUVs and pick-up trucks.
Our study also revealed that luxury vehicles account for a large number of car accidents. While these are not the most purchased cars in Missouri, they do account for 40 percent of fatal car accidents nationwide. This includes brands such as Tesla, Mercedes, BMW, and Audi.
Get the compensation you deserve with trusted legal guidance.
Who’s At-Fault for a Crash in Missouri & Kansas?
When determining fault for a fatal car accident, there may be several different parties that may be at fault, including:
| Potentially Liable Party | How They May Be Responsible |
|---|---|
| The Driver | If the driver operating the vehicle broke driving laws such as speeding, illegal lane changes, or other violations, he or she may be at fault for the car accident. |
| An Employer | If the other driver was operating a car, truck, or delivery van for an employer, surviving family members may be able to hold the employer liable. For example, if the crash and resulting death were caused by a commercial truck or eighteen-wheeler, both the driver and the truck carrier company may be held responsible. |
| Mechanics or Maintenance Companies | Other parties may also be liable, including a truck maintenance company or cargo loading company, if their negligence contributed to the cause of the crash. |
| Car Manufacturers | If the vehicle had a defective part or piece of equipment that caused the crash, the manufacturer, distributor, or supplier of that defective part may be liable. |
We recommend obtaining a police report from the Kansas City Missouri Police Department (KCPD), the Kansas City Kansas Police Department (KCKPD), or the Missouri Highway State Patrol, depending on where the accident happened.
Given the complexity of these cases and the need to conduct a full and prompt investigation, family members of the deceased should consult with a wrongful death attorney as soon as possible about their rights and potential remedies.
Our Kansas City fatal car accident law firm at Kevin McManus Law stands ready to walk with you – step by step – through this difficult time and provide answers, guidance, and support. Please contact us for a free, no-obligation consultation.
Fatal Car Accident Wrongful Death FAQs
Who Can Pursue a Wrongful Death Claim after a Fatal Car Accident in Kansas City?
The person who may file and pursue the wrongful death claim depends on state law and an individual’s family circumstances. For example, a Missouri wrongful death claim may be filed by certain family members, such as the surviving spouse, children, or grandchildren of the deceased.
If no one meets those qualifications, a surviving sibling of the deceased may file the wrongful death lawsuit, and if there is no surviving sibling, then a descendant of a surviving sibling may pursue the claim. If you are uncertain if you qualify to file a wrongful death claim, the wrongful death lawyers at Kevin McManus Law can determine that for you.
Damages in a wrongful death case are generally awarded by a jury. Those who may be entitled to recover damages include the spouse, children, siblings, parents, and others who may have been financially dependent on the deceased.
What Wrongful Death Damages Can I Pursue in Kansas & Missouri?
The following are types of damages that can be recovered in a wrongful death lawsuit:
- Loss of the deceased’s wages or income
- The value of the decedent’s household services
- Medical bills related to the accident
- Funeral and burial expenses.
The above are often referred to as economic damages because they are measurable economic losses by the surviving family. In addition to these economic damages, there are non-economic damages that may be recovered, such as:
- Mental anguish, suffering, and bereavement
- Loss of care, comfort, and protection
- Loss of familial (parental or marital) care, advice, attention, and support.
There is no set formula for calculating non-economic damages in wrongful death lawsuits. Various factors are usually considered, such as the type, nature, and closeness of the relationship between the decedent and the claimant, and how the death and loss of the family member impacts the life of the claimant.
State laws in Kansas and Missouri also impose caps or limitations on the amount of non-economic damages that can be recovered. As an experienced wrongful death law firm, we at Kevin McManus Law can help determine which damages to pursue based on your specific case.
What Are the Wrongful Death Statute of Limitations in Kansas & Missouri?
Wrongful death claims in Kansas and Missouri are governed by certain statute of limitations. Statutes of limitations are legal deadlines. If you do not file a wrongful death claim in court before this deadline passes, your right to compensation will be barred.
In Kansas, a wrongful death claim must be filed within two years from the date of death. In Missouri, a wrongful death claim must be filed within three years. However, if the death resulted from medical malpractice, you must file the case within two years of the death.
Contact Our Kansas City Wrongful Death Attorney after a Fatal Car Accident
In many cases, the type of vehicle may not mean much to the family who has lost someone they love. However, the types of vehicles involved in the accident can make a big difference in how the case should be pursued, what parties may be responsible, how much recovery, and what resources are available for the claim.
Wrongful death cases are complex. Whether it was a passenger car that ran a red light at an intersection in Kansas City or a semi-truck that rear-ended a car on I-435, it’s important that the surviving family understands all options that are available. Our Kansas City wrongful death law firm can help.
Whatever you do, do not delay in getting solid legal advice from an experienced wrongful death attorney. As a Kansas City car accident attorney, I can help answer your questions, evaluate your case, and act quickly to preserve and gather the evidence needed to prove who was negligent. Call Kevin McManus Law today for a free, no-obligation consultation.
