Ninth Person Dies in Fatal New Mexico Greyhound Bus Crash: New Mexico Trucking Accident Lawyer Explains Wrongful Death of Unborn Child
There was a horrific semi tractor trailer wreck on I-40 in Thoreau, New Mexico about two weeks ago. A large 18 wheeler lost control after it blew a front, driver's side tire. This cause the tractor trailer to careen into the oncoming lane where it struck a Greyhound bus head on. This initially resulted in 8 fatalities, 7 at the scene and one in the emergency room. Yesterday, new reports are indicting that the ninth person has passed away. The ninth victim was a baby delivered prematurely after the deadly tractor trailer crash and did not survive. Our New Mexico trucking accident lawyer explains the wrongful death of this baby, an unborn child, and other people which could be due to the negligence of the semi tractor trailer driver and trucking company.
Here at the NM Truck Accident Attorneys, we have been following news and details surrounding this crash and send our condolences to those effected. Our experienced New Mexico trucking accident lawyer is licensed in New Mexico and California, speaks Spanish, and can meet you and your family anywhere in California, New Mexico, or elsewhere to discuss your case. Please call us to learn how we can help by dialing (505) 883-5000 to schedule a FREE consultation with our legal team.
Wrongful Death of a Baby in a New Mexico Trucking Accident
One of the more devastating losses in the Greyhound bus crash is the loss of a premature baby. This is very said and distressing because the mother was a passenger on the Greyhound bus and 7 months pregnant with twins. After the crash, the mother needed to deliver the babies due to her injuries. The twins were born and went right into the neo-natal unit. The baby girl passed away yesterday, while there is no information on the status of the baby boy. This set of facts is complicated and results in an "unborn child" issue.
Some legal issues to address when the loss of a baby is caused by a New Mexico semi tractor trailer trucking accident include the following:
- Loss of a fetus that is not born is a damage to the mother, unless the baby is a "viable fetus" and then an unborn child could have survived outside the mother's womb and then the unborn child could have his or her own wrongful death claim (this is pursuant to the case of Salazar v St. Vincent Hospital);
- Once a baby is born naturally or through c-section, the wrongful death of a baby has its own cause of action (meaning the estate steps into the shoes of the baby);
- Even if a baby is born and then passes away, the mother may have a claim for emotional distress;
- If the mother is forced to have an emergency c-section after a tractor trailer crash, the mother may be entitled to compensation for the c-section as a major surgery, whether or not the baby survives;
- Under NM Stat. section 41-2-3, a personal representative must be appointed to represent the child whom is killed in the crash which is likely to be a surviving parent, or if both pre-deceased, a legal guardian, adult sibling, grandparent, aunt/uncle, great grandparent, or another individual the court deems proper.
Victims of the Greyhound Bus Crash on I-40 Involving the Semi Tractor Trailer Should Call our New Mexico Truck Accident Lawyer
The semi tractor trailer crash on I-40 was a catastrophic crash resulting in horrific injuries and extreme loss of life. The youngest victims was only a few days old and born premature due to the crash. Our experienced New Mexico trucking accident lawyer knows how the wrongful death statutes apply to box truck accidents such as the tragic Greyhound bus collision two weeks ago. We have an expert certified by the Department of Transportation who can get out to the scene of the crash immediately and begin collecting data.
Call us today to come meet with you in California, New Mexico, or elsewhere to discuss your case without any cost to you. We speak Spanish and are able to send out our expert immediately to collect data and begin an investigation. Call the NM Truck Accident Attorneys by dialing (505) 883-5000 to learn how we can help. You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.