Malaga, NM — One truck driver was killed when a big rig crashed into his water truck near Malaga after an accident early Monday morning, October 14, 2013. Police have identified the victim as David Hedgecock and said that he was killed when Floyd Fowler lost control of his semi-truck on a curve along Pecos Highway/U.S. Highway 285.

The accident happened at about 4:00 p.m. on Monday morning in the northbound lanes of Pecos Highway, near mile marker 18. Hedgecock was driving a large water truck north along U.S. Highway 285 and Fowler was driving a semi-truck south.

For reasons still under investigation, it appeared that Fowler lost control of his truck along while trying to navigate a curve and steered into the northbound lanes, where he crashed into Hedgecock.

The impact left Hedgecock dead at the scene and Fowler was transported to a nearby hospital in unknown condition.

The Carlsbad Argus also said that a third truck was involved, but there was no information about that vehicle available. The pictures with their reports indicated that it may have been another semi-truck or 18-wheeler.

Malaga, NM


Without knowing all the details about this accident, it’s impossible to make speculations with any degree of accuracy. However, I’ve been handling similar accident cases for years now, and can offer some insight into some commonly-asked questions about trucking accidents. One of the more common questions I answer is, “Who is responsible, the truck driver or his company?” Well, if the truck driver was clearly at fault and was working/driving for an employer at the time, then this will likely be handled by the employer – usually a trucking or transport company. Most commercially-owned vehicles carry no less than $1 million in liability coverage, but any good attorney will tell you that the trucking company will be extremely aggressive in trying to prove their driver wasn’t at fault. Now, if the person hurt in the accident was also working at the time, then a claim can still be brought against the other truck driver’s company, but a workers’ compensation system will likely handle the matter. But, as I mentioned, a claim can still be brought against the other truck driver because the accident presumably wasn’t caused by the victim’s job. In other words, the victim may have a workers’ comp claim, but mayalso have a claim against the truck driver who caused the accident.The key to determining these things, I’ve found over the years, is to have a solid investigation that starts sooner rather than later.


— Grossman Law Offices

Recent Comments to the Blog

Jason is back to work and is now playing Sled Hockey and wheelchair rugby!! Jason is the strongest and most amazing man! He may nly have 1/2 a leg, but that is ALL he is lacking!! Thanks to prayer and GOD and awsome first responders and Baylor doctors. Jason's wife, Sheila
— Sheila
I'm a former employee. I had brought up this exact scenario and suggested a maintenance procedure that would eliminate the possibility of this type injury. Obviously my warning went unheeded.
— Tophat
I was actually a couple cars back from this wreck, one of the first on the scene, and helped administer CPR on the victims. The truck driver was going way too fast, but it was actually his trailer that swung around and hit the suv, the semi-truck ended in the median.
— Leif Burton
I appreciate how you've commentated on this tragedy--informative, with questions, but not hurtful. I live within 30 mins of this crash site, and I am appalled at the entire situation :(. I can't even begin to understand what could have happened to make this come to fruition, but I will be keeping up with it so I can learn what investigations bring to light about how something awful like this could happen. Rest in peace, Thomas, Carolyn and Carolyn...
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I am Anthony Siffords daughter. im 13 and i miss my dad i just wanted everyone to know that he is in a better place now and i would to thank everyone for the support. i miss my dad but it was amazing to see how many people had been toughed by my dad god bless thanks for everything...
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I am Rodney Palmer's sister-inlaw. I am amazed and grateful for all the heartfelt wishes and support for our family... It is difficult indeed to put our thoughts into words, but we very much appreciate your kind and helpful words at a time when these things mean so much. Losing someone as special as Rodney has been tough, but knowing the he has touched so many people's lives keeps my sister's strengthens our family.
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My friend Michael was the one who got hit by this train. This is the ONLY article I can find on it!! How is that possible? It happened almost 5 days ago! Thank you for actually caring about us "no name" people. I hope when more information comes in you will post it as soon as you can. Thank you again!! God bless you
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Tony was the step Grant father and it's been hard for the whole family but we know he is in a better place now. It's nice to know that people are rasing awareness with my grandfathers story. Thanks, family and friends of Tony Wray.
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Thank you for posting these accident articles on your site. At the company that I work for, e deal with monitoring construction activity and work around trenches and all sorts of construction equipment/vehicles. I sometimes wonder if construction companies have enough safety training to inform employees of how to protect themselves while on the job.
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