distracted driving

New Mexico Trucking Accidents Caused by Texting While Driving

- Mark Caruso

Texting While Driving is Both Illegal and Incredibly Dangerous: New Mexico Trucking Accidents Caused by Drivers Texting is Downright Negligent

We all know that large tractor trailers are very dangerous vehicles on the roadway.  They are large, heavy, and move fast on highways giving them a lot of momentum and force.  The only thing scarier than this is the fact that sometimes tractor trailer truck drivers take their eyes off the road to text on their phones.  This ends up turning the tractor trailer into an unguided missile traveling at a high speed.  When this blind battering ram hits something, such as a smaller passenger vehicle, the results are devastating.

If you or a loved one have been seriously injured or killed in a New Mexico trucking accident caused by a truck driver texting while driving, contact the experienced New Mexico trucking accident attorneys at the Caruso Law Offices, P.C. for a FREE consultation by dialing (505) 883-5000.  We have the experience necessary to know how to thoroughly investigate your claim and determine whether the truck driver was texting at the time of your accident.  This is not east to do, and many cell phone carriers will refuse to comply with subpoenas and requests for cellular data from lesser experienced attorneys or pro se victims.  They will not do this to our attorneys and they do not stand a chance in hiding relevant evidence.  Ensure your rights are protected and call us today!

New Mexico Law Prohibits Texting While Driving

The common law, or judge-made law which has evolved for decades of interpretation, provides that a driver shall operate his or her motor vehicle with reasonable care under the circumstances which includes not texting while driving.

Similarly, it is also statutory, or legislature-made law, which prohibits texting while driving.  Specifically, under NM Stat. 66-7-374, subdivision (A) provides that “[a] personal shall not read or view a text message or manually type on a handheld mobile communication device for any purpose while driving a motor vehicle . . . .”  Subdivision (C) (1) defines “driving” as “being in actual physical control of a motor vehicle on a highway or street and includes being temporarily stopped because of traffic, a traffic light, or stop sign or otherwise . . . .”

Therefore, a truck driver who is texting while driving is violating both the common law standard and the statutory standard.  If the truck driver causes a New Mexico trucking accident which results in personal injuries to a victim, the trucker driver will be negligent.  Such finding is under both the common law standard, but also under the statutory standard under the doctrine of negligent per se.

Under this doctrine of negligence per se, a defendant is automatically negligent for causing the type of accident protected by the statute and causing a certain type of harm to a certain group of people that that statute was meant to protect.  In a trucking accident caused by texting while driving, a defendant may very likely be found automatically negligent.

Texting While Driving is Dangerous, and Illegal—Call Us if You Have Been Hurt by a Truck Driver Texting While Driving

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico truck accident attorneys at the Caruso Law Offices, P.C. today by dialing (505) 883-5000 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

Texting While Driving: Injured in New Mexico Car Accident Caused by Driver Texting

- Mark Caruso

Victims Injured in a New Mexico Car Accident Caused by a Defendant Texting While Driving May be Entitled to Compensation

We all know that texting while driving is very dangerous.  In recent years, this has become a more prolific problem and organizations such as End Distracting Driving have created aggressive campaigns to raise awareness.  This is because driving while texting pulls a driver’s attention away from driving, a hand away from the steering wheel, and a driver’s eyes off the road.  Essentially, this causes a motor vehicle to become an unguided missile on the road which can cause serious injuries to all on or around the road.

If you or a loved one have been seriously injured or killed by a driver texting while driving, contact the experienced New Mexico car accident attorneys at the Caruso Law Offices, P.C. to learn about your rights.  Our attorneys know how deadly distract driving can be, and the physical, emotional, and financial burdens a car accident can place on a person and his or her family.  We will help ease those burdens while you focus on your recovery.  Contact us today for a FREE case evaluation by calling (505) 883-5000!

Texting While Driving is Illegal in Many States, Including New Mexico!

While it is a known danger, texting while driving has only recently become illegal in most states.  New Mexico’s legislature has enacted laws prohibiting texting while driving.  Under New Mexico Stat. 66-7-374, subdivision (a) provides that “[a] person shall not read or view a text message or manually type on a handheld mobile communication device for any purpose while driving a motor vehicle, except to summon medical or other emergency help . . . .“

Subdivision (c) defines “driving” as “being in actual physical control of a motor vehicle on a highway or street including being temporarily stopped because of traffic, a traffic light, or stop sign or otherwise . . . .”  However, this does not include pulling off to the side of the road or off an active roadway.

If Another Driver Violates New Mexico Law, He or She May be Negligent Per Se

Although texting while driving could result in a finding of negligence under the common law (judge made law), an experienced New Mexico car accident attorney knows how to apply the doctrine of negligence per se against a defendant.

The doctrine of negligence per se allows an injured plaintiff to hold a defendant automatically negligence by violating a statute, causing a harm meant to be protected by the statute (i.e., injuries from car accidents), and causing such harm to a person protected by the statute (i.e., other people on or off the roadway).

A defendant who causes a motor vehicle accident because he or she was texting while driving would likely be negligent per se for any damages he or she caused.

Injured in a New Mexico Car Accident Caused by a Driver Texting, Call Us Today!

If you or a loved one has been injured in a motor vehicle accident caused by a person texting while driving, call the experienced New Mexico car accident attorneys at the Caruso Law Offices, P.C. today by dialing (505) 883-5000  You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

Car Accidents During the Fourth of July: Common Causes Due to Negligence

- Mark Caruso

New Mexico Car Accident Attorneys Discuss Common Causes of Car Accidents During July Fourth Weekend

While marking our Independence, the July Fourth holiday is also one of the largest travel, BBQ, drinking, and celebratory holidays on the calendar.  Many Americans will travel far distances to celebrate the holiday, and it is predicted that this year will be one of the highest traveled July Fourths in a few years.  Because of the increased travel on the road, it is only natural for there to be an increased number of motor vehicle accidents.  This is particularly true due to the increased number of people partaking in drinking alcoholic drinks to celebrate the holiday.  This combination of increased traffic and increased alcohol use is a recipe for serious car accidents.

If you or a loved one have been injured in a car accident caused on July Fourth weekend, contact the experienced New Mexico car accident attorneys for a FREE consultation by dialing (505) 883-5000.  We have handled many motor vehicle accident causes, including those occurring on holidays and due to alcohol.  We will fight hard to protect your rights to compensation and uncover the causes of your motor vehicle accident.

Common Causes of July Fourth Weekend Car Accidents

Increased traffic on the roadway alone is not a reason to cause motor vehicle accidents.  Whether there are no cars or hundreds of cars, motorists must exercise caution in operating their motor vehicle.  Said differently, increased traffic is not negligence which could entitle a victim to compensation.

However, there are other contributing factors which may cause motor vehicle accidents on July Fourth weekend, and which may be caused by the negligence of the other driver causing the accident.  Some common examples include the following:

  • Alcohol and drug related impairments – As noted above, July Fourth weekend is marked with BBQs and alcohol.  Many people celebrating this holiday will have an alcoholic drink at a BBQ or party.  They may then try to drive home.  Even after just one alcoholic drink, a motorist’s ability to react may be impaired.  Driving while under the influence of alcohol or drugs—illegal or prescribed—can cause a motor vehicle accident and be negligent.
  • Distracted driving – Many people traveling for July Fourth weekend may have several other people in the motor vehicle with them.  This could be other family members or friends.  With an increased number of passengers comes an increased number of distractions for the driver.  When a passenger distracts the driver of a motor vehicle, this can cause a car accident and be due to negligence.  Other distractions such as using the GPS to find the party location or BBQ, using a cell phone to call for directions, or texting friends to let them know where you are can also result in serious car accidents and be caused by the negligent conduct of the driver.
  • Mechanical problems or Defects with a Motor Vehicle – Not everyone travels far distances often.  Some people just drive on local roads.  But for July Fourth, they may be required to drive far distances for the first time in awhile.  Their motor vehicle may not be fine-tuned or have defects that may not be noticeable on local roads, but while driving high speeds on interstates and highways it could be a serious defect.  Some examples include faulty steering wheels, worn down brakes, or balding tires.  A motorist is liable for the condition of his or her car, so if a mechanical defect caused the motor vehicle accident, the motorist would be liable for the car accident due to negligence.

Contact an Experienced New Mexico Car Accident Attorney for your July Fourth Car Accidents

If you or a loved one has been injured in an Albuquerque car accident, call the experienced New Mexico car accident attorneys at the Caruso Law Offices, P.C. today by dialing (505) 883-5000  You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

Albuquerque Texting While Driving Motor Vehicle Accidents

- Mark Caruso

Albuquerque Motor Vehicle Accident Attorneys Explains New Mexico’s Texting While Driving Offense

According to distraction.gov, the official U.S. Government Website for Distracted Driving, in 2014 over 3,100 people were killed and 431,000 people were injured in distracted driving motor vehicle accidents.  These numbers increased from the year before, and the trend has been on the rise from the years prior to that.

Distracted driving due to cell phone use is also steadily increasing, particularly for new drivers in their teens and in their twenties.  This age range of drivers accounts for the vast majority of all distracted driving accidents, especially due to cell phone use while driving.  According to the National Highway Transportation Safety Administration, motor vehicle accident caused by a cell phone in use kill over 450 people year each in the United States.

Motor vehicle accidents caused by cell phone use and other distractions are all very preventable.  Because of this, most times when there is a distracted driving accident the driver who is distracted is negligent as a matter of law.  This is particularly true in New Mexico for texting while driving, which has been codified as a violation of the traffic law.  This allows the victim(s) of an Albuquerque texting while driving accident to recover the compensation they deserve to help them recover from their injuries.

If you or a loved one have been injured or killed in an Albuquerque texting while driving motor vehicle accident, contact the Caruso Law Offices, P.C. for a FREE consultation.  Our experienced Albuquerque motor vehicle accident attorneys can explain your rights and review your case to see what compensation you may be entitled to.  Call us today at (505) 966-9308.

New Mexico Law Prohibits Texting While Driving

New Mexico law prohibits a motorist from texting while driving.  Under NM 66-7-374, “[a] person shall not read or view a text message or manually type on a handheld mobile communication device for any purpose while driving a motor vehicle, except to summon medical or other emergency help or unless that device is an amateur radio and the driver holds a valid amateur radio operator license issued by the federal communications commission.”

Further, this section defines “driving” as “being in actual physical control of a motor vehicle on a highway or street and includes being temporarily stopped because of traffic, a traffic light or stop sign or otherwise, but ‘driving’ excludes operating a motor vehicle when the vehicle has pulled over to the side of or off of an active roadway and has stopped at a location in which it can safely remain stationary[.]”

Additionally, this section defines “text message” to include any instant message, electronic mail (e-mail), any text or image communication, or any command or request to an internet site.  Thus, this section would also preclude any of the popular apps such as Facebook or Snapchat, which send images or videos as a form of communication rather than just text.

Liability in Albuquerque Texting While Driving Accidents

Where a motorist violates NM 66-7-374 and texts while driving, and such violation causes a Albuquerque motor vehicle accident, the violating motorist may be negligent or negligent per se.

Negligence is where a person owes a duty of care to another, breaches that duty of care, and such breach causes damages to another person.  This is a common law theory of liability, which is judge made law, and is the common theory in most personal injury accidents—including motor vehicle accidents.

Alternatively, since there is a statute prohibiting certain conduct, the motorist violating the texting while driving law may be negligent per se.  This theory of liability is premised off of a statutory violation which will automatically find the violator negligent as a matter of law if the statute protects against the harm which was caused to the person(s) protected by the statute.  Meaning here, the statute protects against distracted driving accidents (this is the harm).  It protects other people on or near the roadway (the person(s) protected by the statute).  Thus, when a motorist violates the texting while driving statute and causes a motor vehicle accident, the theory of negligence per se will allow victims to recover for their injuries by finding the violator negligent.

Contact an Experienced Albuquerque Texting While Driving Attorney

If you or a loved one has been injured or killed in an Albuquerque texting while driving accident or any other New Mexico distracted driving accident, call the experienced Albuquerque motor vehicle accident attorneys at the Caruso Law Offices, P.C. today by dialing (505) 384-6322  You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.