New Mexico 18 Wheeler Crashes Causing the Wrongful Death of a Child: Know Your Rights
There is nothing more tragic than the loss of a child. This is especially true when the child is lost in a sudden and negligent accident. One common type of negligent accident likely to cause the death of a child is an 18 wheeler crash. This is because 18 wheelers, like all large commercial vehicles, are very heavy, fast, and powerful. When this massive machine comes into contact with a small, defenseless body, a child will be seriously and mortally injured. This is one very difficult type of wrongful death case due to the circumstances.
Here at the Mark Caruso, we know that families will be absolutely devastated if their child is killed in a New Mexico 18 wheeler crash. Our trucking accident attorneys have the experience, knowledge, and compassion to help navigate a family to the road of recovery. While nothing will bring back a loved one, we can work to help protect the rights of the innocent child wrongfully killed due to the negligent of a truck driver or trucking company. To learn more, call us for a FREE consultation by dialing (505) 883-5000.
Establishing Fault When a Child is a Passenger in a New Mexico 18 Wheeler Crash
When a child is wrongfully killed in a motor vehicle accident, the child will be a passenger in a vehicle and not a driver. Therefore there is no comparative fault of the child as a driver in causing the accident. This means that the fault with lay 100% with the truck driver or the driver of the vehicle occupied by the child. Unfortunately, this means that a parent may be comparatively at fault for the crash.
To establish fault in a negligence case, there must be a duty, that duty is breached, and that breach proximately causes damage. All motorists have a duty of care to operate a motor vehicle with reasonable care under the circumstances which includes avoiding unnecessary crashes, following the rules of the road, and driving as a reasonable person would under the circumstances. If a driver fails to do that, he or she will have breached the duty of care. If that duty of care results in a crash which causes personal injuries, that driver will be liable for those injuries.
Thus, if a truck driver causes an 18 wheeler wreck, he or she will likely be negligent. If another driver contributed to the crash, he or she may be apportioned with some fault for the crash.
Who Can Commence a Wrongful Death Claim for a Child
When a child is killed in a New Mexico 18 wheeler crash, the child’s estate may commence an action to recover for damages. Generally, the surviving parents will be first eligible to commence the action as a personal representative of the estate of the child. Other individuals who may commence an action are legal guardians, siblings (who are not minors), grandparents, aunts/uncles, and some other individuals.
However, if a parent is the driver of the vehicle the child occupied, that parent may not commence the wrongful death action in most instances because that parent may be comparatively at fault for the crash—even if just 1% at fault. Thus, the personal representative who commences the wrongful death action for the child must be a fault-free party.
Was Your Child Killed in a New Mexico 18 Wheeler Crash? Call the Mark Caruso to Learn More Today
If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico car accident attorneys at the Mark Caruso today by dialing (505) 883-5000 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.