Fatal Fires in New Mexico Trucking Accidents: Who can be Accountable for the Injuries

Posted 

September 28, 2016

 by Caruso Law Offices, P.C. | 

When a New Mexico Trucking Accident Causes a Fatal Fire, All Negligent Parties Can be Liable for the Injuries and Wrongful Deaths

Being trapped in a fire is a nightmare that plagues a lot of people.  And for good reason.  Injuries caused by fire are horribly painful, and burning to death is estimated to be horribly painful.  Unfortunately, this is a real threat in New Mexico trucking accidents due to the high amount of fuel these large commercial trucks hold and obviously the increased number and size of tanker trucks hauling hazardous materials.

This combination resulted in a horrific pileup trucking accident in a dust storm, which caused a massive fire burning to death 7 victims in passenger vehicles.  The 3 truck drivers, including the tanker that exploded, all walked away unscathed.  The experienced New Mexico trucking accident attorneys at the Mark Caruso, are representing the estate of one of the deceased in a jury trial.  If you or a loved one have been injured or killed in a New Mexico trucking accident, call us today for a FREE consultation by dialing (505) 407-0458.  We will help advise you of your rights and how to proceed to protect your rights.

Holding the Negligent Party Liable: Who is at Fault in a Trucking Fire?

If there has been a pileup trucking accident, anyone involved in the accident could be liable.  There are some telltale signs of who caused the accident, such as a rear end collision or a driver falling asleep at the wheel, which could trigger the pileup.  That individual will likely be the most culpable.  But any other actor after the initial impact can still be liable.

Where is gets confusing is if there is a tanker truck involved which explodes or causes a fire.  Even though the other trucks may have originally caused the accident, they did not start the fire.  So does that mean that they are not liable for the fire?

No, it does not mean the other trucks will not be liable.  The other trucks which started the pileup can absolutely be liable for the ensuing fire, even if they did not start the fire.  This is because they started the negligent accident and act, and the other acts following it could be foreseeable.  Said differently, it is foreseeable that a pileup truck accident could result in a fire by at least one of the large commercial vehicles.

Thus, even if the tanker truck explodes and starts the fire which kills a victim, all of the other trucking companies and drivers will be liable for the burn injuries and wrongful death if they caused or contributed to the pileup trucking accident.  The test is what is foreseeable and whether the tanker truck colliding was a superseding cause of the accident, which is rarely is under these facts.

All Negligent Parties Can be Liable for New Mexico Wrongful Deaths Caused by Fatal Fires, Even if They Did Not Start the Fire

If a loved one has been seriously injured or killed in a New Mexico trucking accident, contact the experienced trucking accident attorneys at the Mark Caruso today by dialing (505) 407-0458.  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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