Can a Minor Commence a Wrongful Death Action in New Mexico? Lordsburg Trucking Accident Lawyer Explains Using the Recent Fatal Lordsburg, NM Trucking Accident on I-10 as an Example
Early last week there was a horrible and fatal Lordsburg, NM trucking accident on I-10 involving two semi tractor trailers and one pickup truck. Four people were killed, including both truck drivers and both adults in the pickup truck, according to news sources. A brave 13-year-old girl was the sole survivor of the fiery wreck, but was listed in critical condition and no update has been released. The Lordsburg trucking crash occurred when one semi tractor trailer crossed the centerline median and struck another semi tractor trailer head on. The big rig that crossed the centerline median also hit the pickup truck. Both trucks erupted into a fiery blaze. Three people died at the scene or immediately when brought to the hospital. Another died a few days later.
This Lordsburg trucking accident is an absolutely tragic case. We do not have a lot of information from law enforcement at this time, but we can all see how sad the facts are right now. There are numerous legal issues which have been the subject of several of our recent blogs which are used to help educate all of those reading and trying to learn more about this accident. That is because at the Mark Caruso, we work to serve our clients and the public at large. The more information that the public has, the better armed they are for tragedies like this. But if you or a loved one have been seriously injured or a loved one wrongfully killed in a New Mexico trucking accident, do not try to handle this alone. Ask our Lordsburg trucking accident lawyer how we can help you today by dialing (505) 308-1556.
Can a Minor Commence a Wrongful Death Action in New Mexico?
One issue appears to be the rights of the 13-year-old girl who is nothing but a hero at this point. The only information we have is that she is in critical condition following the Lordsburg trucking accident. We also know that the two victims in the pickup truck shared the same last name, and may have been spouses or relatives. They may have been parents or guardians of the brave girl. Even though she is a minor, she has certain legal rights as to the wrongful deaths of her parents or relatives.
But can a minor commence a wrongful death action?
No, a minor does not have legal capacity to do so. She would need a guardian ad litem, or a guardian for the legal action, to represent her in the wrongful death action. There may also be another personal representative who has capacity (i.e. is not a minor) whom may be permitted to commence the action on her behalf or with her as a party as a minor where she may be entitled to compensation.
This is because New Mexico law allows a personal representative to commence an action seeking compensation against a party liable for causing the wrongful death(s) of an individual. Generally, family members such as a surviving child are a personal representative. Therefore, she may be entitled to compensation but she is too young to commence and action. This is because serious decisions need to be made in any type of litigation, especially a wrongful death action.
Wrongful Death Victims of the Fatal Lordsburg, NM Trucking Accident or Any Other New Mexico 18 Wheeler Wreck Should Call our New Mexico Trucking Accident Lawyers
The fatal Lordsburg, NM trucking accident on I-10 is a catastrophic tragedy and has affected so many people. We still do not have the exact information of what happened as the investigation is ongoing. The loss of life is just tremendous and the facts give rise to the possibility that the first truck driver and trucking company is responsible for all of the wrongful deaths. Even though no one was actually from New Mexico, being that the occupants of the pickup truck were from Arizona, one truck driver from California, and another truck driver from Texas, a New Mexico trucking accident lawyer is needed in this case because the matter should be venued in New Mexico where the crash occurred.
Contact our experienced Lordsburg trucking accident lawyer at the Mark Caruso to learn how we can help with this case and any similar case. Call by dialing (505) 308-1556 to schedule a FREE consultation with one of our experienced Lordsburgs trucking accident lawyers. We handle cases throughout New Mexico, including in Las Cruces, Rio Rancho, Santa Fe, Roswell, Farmington, Hobbs, Lordsburg, or anywhere else in the state, including Albuquerque where our law office is located. You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.