New Mexico Wrongful Death Caused by a Trucking Accident


May 25, 2016

 by Caruso Law Offices, P.C. | 

New Mexico Wrongful Death Cases Caused by Trucking Accidents Can be Emotionally and Financially Debilitating to an Entire Family

Almost exactly two years ago, Joseph Guttuso and six others were tragically killed in a New Mexico trucking accident occurring on Interstate 10.  There was an ongoing dust storm that three passenger vehicles properly reduced their speed and cautiously continued down the highway.  However, three following trucks failed to act reasonably under the circumstances of an ongoing dust storm and continued ahead at full speed, even though their visibility was greatly limited.  The result of doing so was absolutely devastating, as the three reckless trucks quickly caught up to the cautious passenger vehicles and collided with them causing a giant pileup.  This pileup resulted in a massive fire, burning the victims of the passenger vehicles to death.  None of the truck drivers were killed.

The estate of Joseph Guttuso contacted the Mark Caruso to bring a New Mexico wrongful death lawsuit.  The jury was picked last week, and the case goes to trial next week in Santa Fe County, New Mexico.  The experienced trucking accident and Wrongful Death attorneys at the Mark Caruso have zealously represented the Guttuso family during their time of need, and seek justice for the loss of their loved one two years ago.

If you or a loved on has also suffered serious injuries or been killed in a New Mexico trucking accident, contact the Mark Caruso, P.C. for a FREE consultation by dialing (505) 308-1556.  We can help lift the emotional and financial burdens off your shoulders and onto ours, so you can focus on healing and we can focus on protecting your rights.

New Mexico Wrongful Death Cases Caused by Trucking Accidents

New Mexico law makes it clear under NM Stat 41-2-1 that “whenever 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.”

This simply means that any wrongful act, neglect, or default of another that causes injuries resulting in death of another will be liable for a wrongful death action.  Think of it as, if a person could bring a personal injury case against the person causing their injury, the estate can bring a wrongful death case if the wrongful act causes a death instead of just an injury.

The wrongful death claim is brought on behalf of the estate, and the purpose is to compensate the estate for all damages caused by the wrongful death.  This includes loss of society and companionship, pain and suffering of the deceased person, financial lost, lost wages and income, as well as many other types of damages caused by the wrongful death.

Who Can Bring a New Mexico Wrongful Death Action

Under New Mexico law, a wrongful death action can be filed by the personal representative of the deceased person’s estate.  The personal representative can be the person named in the deceased person’s estate plan, but is commonly the surviving spouse, adult children, or adult siblings.  If there is no estate plan or the appointed person is unable to serve or refuses to serve, the court may appoint a personal representative.

Time to Bring a New Mexico Wrongful Death Action

Under NM Stat 41-2-2, the time to file a wrongful death action is three years from the date of death.  This does not mean that the entire lawsuit must be completed in three years.  This only means that the lawsuit must be filed and commenced within three years of the individual’s death giving raise to the action.

Contact Experienced Wrongful Death Attorneys Today!

If a loved one has been killed in a New Mexico trucking accident or any other motor vehicle accident, 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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