Fatal Fire Caused by New Mexico Trucking Accident During Dust Storm Goes to Trial


May 30, 2016

 by Caruso Law Offices, P.C. | 

New Mexico Trucking Accident That Killed 7 During Dust Storm Goes to Trial

The Mark Caruso are going to trial to represent the estate of a victim wrongfully killed in a New Mexico trucking accident.  The accident occurred during a dust storm, and resulted in a massive fire consuming the three passenger vehicles rear ended in the collision by three large, tractor trailer vehicles.

If you or a loved on were seriously injured or killed in a New Mexico trucking accident, contact the Mark Caruso today for a FREE case evaluation by calling (505) 308-1556.  We have the knowledge and compassion necessary to protect your rights and ensure you get the compensation you are entitled to.

Seven Killed in New Mexico Trucking Accident Causing Fatal Fire on Interstate 10

Approximately two years ago, Joseph Guttuso and six others were killed in a fatal fire caused by a pileup truck accident.  Mr. Guttuso and the other six victims were in three different passenger vehicles traveling on Interstate 10.  There was an ongoing dust storm during the stretch of highway they were traveling on.  As a result, the three passenger vehicles exercised caution and slowed down as reasonable under the circumstances.

However, three large commercial trucks and tractor trailers operated by SAIA Trucking, Towne Air Freight, and Lights on Trucking failed to exercise the same caution.  Despite many signs along the road warning of dust storms, and despite the obvious ongoing dust storm, these three trucks continued to travel down the highway at high speeds.  They collided with the three passenger vehicles and caused a pileup accident.  The collision resulted in a fire, and the diesel and gas exploded short after impact splashing fire all over the accident scene.

Outside of common negligence for failing to exercise caution as a reasonably prudent person under the circumstances, it is argued the  truck drivers and trucking companies violated Federal Motor Carrier Safety Regulations (FMCSR) section 392.14.  This section governs hazardous conditions and use of extreme caution, and provides the following:

“Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. Speed shall be reduced when such conditions exist. If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated. Whenever compliance with the foregoing provisions of this rule increases hazard to passengers, the commercial motor vehicle may be operated to the nearest point at which the safety of passengers is assured.”

Since the truck drivers failed to exercise extreme caution during the dust storm which affected visibility, and since they failed to reduce speed so that the commercial motor vehicle can be safely operated—since it was not safety operated in this case when it rear ended another vehicle—the Defendant trucking companies and drivers may be liable under the FMCSR as well as under a theory of negligence.

Fire Fatalities Caused by New Mexico Trucking Accidents

If a loved one has been seriously injured or killed in a New Mexico trucking accident caused by a fire, contact the experienced wrongful death attorneys at the Mark Caruso today by dialing (505) 308-1556.  You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

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