Dump Truck and SUV Crash near New Madrid Missouri
A dump truck and a sports utility vehicle collided in New Madrid County Missouri yesterday, sparking an inferno that killed Samuel Hector, a resident of New Madrid. According to the Missouri Highway Patrol, Mr. Hector was trying to cross highway 61 south of Sikeston Missouri and pulled directly into the path of the dump truck. The dump truck crashed into the SUV. It is unknown if Mr. Hector died immediately. Mr. Hector was 82 years old. Terry Moore, the dump truck driver escaped with no serious injuries.
Photographs of the crash scene evidence a very strong fire, fueled by gasoline. The SUV was barely recognizable as it was completely burned to the ground.
From the initial facts relayed from the highway patrol, there will most likely be no wrongful death claim filed on behalf of the Hector family. In Missouri, in order to recover for wrongful death, you must prove a family member died as a result of someones negligence. In this Missouri car crash, it appears the crash was the fault of Mr. Hector. Because of this, a wrongful death claim would be unfounded.
Missouri tort law would recognize a cause of action for the dump truck driver, if he chose to sue the estate of Mr. Hector under the legal theory of Negligent Infliction of Emotional Distress. The legal theory behind this common law tort is that Mr. Hector owed Mr. Moore a duty to operate his vehicle with the highest degree of care yet failed to do so, resulting in damages in the form of mental distress. However, these claims are rare and in cases like this, a claim for emotion distress by the surviving party to a car crash would not be made.
