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.
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