A deadly Greyhound bus crash with a semi tractor trailer occurred last week on Interstate 40 in Thoreau, New Mexico. This is in McKinely County where New Mexico State Police has been investigating the causes of the serious crash. Our New Mexico wrongful death lawyer has learned that the semi tractor trailer blew a front driver’s side tire which on I-40. This caused the truck driver to lose control and careen into oncoming traffic. The semi tractor trailer collided head on with a large Greyhound bus carrying almost 50 people. News sources have reported that the collision was horrific and 8 people were wrongfully killed, and about another 30 people were injured. This is one of the most significant and deadly New Mexico trucking accidents to have occurred in a long time. With this brings important wrongful death rules you need to know.
Here at the NM Truck Accident Attorneys, our experienced New Mexico wrongful death lawyer has handled many New Mexico 18 wheeler accidents which have caused serious personal injuries and wrongful death. We are licensed in New Mexico and California, speak Spanish, and have an expert certified by the Department of Transportation to begin investigating your serious collision immediately. We can travel to you anywhere in New Mexico or California to discuss your case at no cost to you. Call us today by failing (505) 883-5000 to learn what rights you have to compensation.
You have likely heard of personal injury and wrongful death cases before. In the Thoreau Greyhound bus crash, you unfortunately have both causes of action. The differences between a personal injury and wrongful death case are simple. A personal injury case is an action brought by the person who has been injured due to another’s acts or omissions. The cause of action belongs to the person who was injured.
However, for a wrongful death case, the person who has the cause of action has passed away. Thus, a New Mexico wrongful death case is an action brought by a family member or estate representative who is standing in the shoes of the person who was seriously injured and passed away. The representative is asserting a claim for the deceased individual.
This is specifically noted in under NM Stat 41-2-1, which provides that “[w]henever the death of a person shall be caused by the wrongful act, neglect or default of another . . . [which would,] if death had not ensured, have entitled the party injured to maintain an action and recover damages in respect thereof, then, and in every such case, the person who, or the corporation which, would have been liable if death had not ensured, shall be liable to an action for damages, notwithstanding the death of the person injured.”
Under New Mexico law, NM Stat 41-2-2 requires the estate of the person wrongfully killed to commence a wrongful death action within three years from the date of the wrongful death.
However, best practices in a New Mexico trucking accident is to commence the wrongful death lawsuit as soon as possible. This is because there is valuable trucking data from “black boxes” inside the truck that need to be recovered and immediately analyzed. This information is imperative for a person’s New Mexico wrongful death lawyer to gather and safeguard. Thus, victims of the Thoreau Greyhound bus crash should call an experienced Albuquerque trucking accident lawyer immediately to being to safeguard their rights.
The Thoreau Greyhound bus crash and semi tractor trailer collision is an absolute tragedy. And it may have been an absolutely preventable tragedy. The first indication being that the collision occurred due to a tire blowout which may be a FMCSA violation. If you or a loved one have been seriously injured or wrongfully killed in New Mexico or California due to a serious bus or truck crash like the crash in Thoreau, New Mexico, call our experienced New Mexico trucking accident lawyer today to come meet with you in California, New Mexico, or elsewhere to discuss your case FOR FREE. We speak Spanish and are able to send out our expert immediately to acquire truck and bus data. 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.