A Mexican man who crashed his car into another vehicle killing the driver and two children had entered the U.S. illegally and had already been deported once, it has been revealed.

Volunteer firefighter Captain Peter Hacking died in the head-on collision alongside his four-year-old stepdaughter Ellie and one-year-old son Grayson on State Highway 70 in Lavon, Texas earlier this month.

Now police have revealed that the driver of the car that collided with them, Margarito Quintero, a Mexican national, had previously been deported from the U.S. and was back in the country illegally without a driver's licence.

Volunteer fire captain Peter Hacking who died alongside his son and stepdaughter in a car crash on a highway in Texas

They also added that if he recovers from his critically injuries caused by the crash, he will be charged with criminally negligent homicide.

According to the Dallas Morning News, Quintero’s condition wasn’t known, but Department of Public Safety spokesman Lonny Haschel said that he could be charged with criminal negligent homicide by the time they complete its investigation of the crash.

The news comes as family and friends have been paying tribute to Captain Hacking as well as Ellie and Grayson, who all died at the scene of the collision.

The volunteer firefighter, 36, leaves behind his wife, a son and four other stepchildren.

In a statement, the Nevada Volunteer Fire Department , where Captain Hacking worked, said: 'It is with great sadness that we announce the loss of a beloved father, husband, and firefighter: Peter Hacking, Captain, Nevada Volunteer Fire Department.

Since the crash, a gofundmepage has been set up to help raise money for Captain Hacking's widow who he leaves behind as well as his other son and four other stepchildren

'We appreciate the outpouring of condolences and support from our neighboring departments and community.

'Peter was the type of man who loved with all of his heart. Anyone who knew him, knew him as a happy guy.'

A gofundmepage has now been set up to help raise money for the family Captain Hacking leaves behind.