drunk driving

Common Causes of New Mexico Motor Vehicle Accidents on Memorial Day

- Mark Caruso

Memorial Day Car Accidents are Common in New Mexico For Several Reasons

Memorial Day is a time for remembering the sacrifices that members of our armed services have made for our country and us.  Thus sacrifices could be serving and spending time away from family and friends, or paying the ultimate sacrifice for our country.  But it is a day to remember the fallen and their families for helping preserve our freedom.

But Memorial Day has evolved for many of us into times with family and friends BBQing and traveling.  It is known as the official start of the summer.  And it is also known as a time to relax from work and enjoy the usually nice weather.  However, this also means more motor vehicle accidents, serious injuries, and even wrongful deaths.  There are several reasons why for this, which include the following:

1) Alcohol/Drug Related Accidents – Alcohol and drugs should never be a contributing cause to any motor vehicle accident—they are very preventable causes.  However, on the big picnic day like Memorial Day, alcohol and drug related accidents are very high and result in horrific personal injuries.  Driving while intoxicated or under the influence of a drug is illegal by both statutory law and common law.  If alcohol or drugs is a cause of a car accident, the victim can be compensated for his or her injuries.

2) Excessive Speed – People are rushing to get to their parties and BBQs.  Many people are using some of New Mexico’s largest interstates such as I-40, I-25, and I-10.  These interstates are inhabited by large commercial trucks lie big rigs, tandem trailers, tankers, 18 wheelers, and other large trucks which could cause serious trucking crashes.  When motorists are driving at an excessive speed over the limit, or when large trucks are, it can result in catastrophic and deadly interstates accidents.  Las Cruces and Albuquerque are where two large interstates meet, which is also where a lot of high speed collisions occur.  Speed kills and is a major contributor to New Mexico car accidents.

3) Heavy Traffic – Holidays such as Memorial Day bring a lot of people out and onto the roads.  This means that there will be more traffic and congestion on the roads.  Simply put, this means more things to hit.  When you combine alcohol, drugs, and speeding as noted above, this is a simple recipe for devastating crashes which can kill people.

4) Inexperienced Drivers – Because it is a holiday, many people will be on the roads who are not comfortable with driving.  Some people only go out for special events, particularly elderly drivers who may only go out a few times a year.  Also more younger drivers get out for the beginning of the summer and enjoy having this as a major hang out holiday.  The combination of al the factors above and the inexperienced drivers will cause a significant number of motor vehicle accidents which will, unfortunately, result in the serious injury or wrongful death of victims.

Call the Caruso Law Offices, P.C. to Learn How We Can Help Get Your Compensation for Memorial Day Car Accidents

If you or a loved one has been injured in a motor vehicle 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.

Driving Under Influence of Drugs More Common Than Alcohol: New Mexico Car Accident Attorney Shares New Report

- Mark Caruso

Drugged Driving is More Likely the Cause of a New Mexico Motor Vehicle Accident Than Drunk Driving, According to New Study

We all know that drunk driving is a very serious danger to people on or new the roads.  But according to a new study and report, “drugged driving,” or driving while under the influence of drugs, is more common than drunk driving.  The report studied the deaths of motorists in motor vehicle accidents throughout the country, and found that 43% of deceased motorists had drugs in their system.  Whereas 38% of deceased motorists had alcohol in their system.  This is the first time that drugged driving was found to be more prevalent than drunk driving.

Here at the Caruso Law Offices, P.C., we know that driving under the influence of anything is incredibly dangerous for all on or near the roadway.  Our experienced New Mexico car accident attorneys have represented victims of serious and fatal motor vehicle accidents caused by intoxicated drivers on both drugs or alcohol.  Call us today for a FREE consultation by dialing (505) 883-5000 to learn how we can protect your rights to compensation.

Drugged Driving or Drunk Driving is Against the Law in New Mexico

Under New Mexico law, NM Stat. 66-8-102 makes it “unlawful for a person who is under the influence of intoxicating liquor to drive a vehicle within this state.”  It is further “illegal for a person who is under the influence of any drug to a degree that renders the person incapable of safety driving a vehicle to drive a vehicle in this state.”  Violating this statute and causing a motor vehicle accident will render a defendant negligent per se, or automatically negligent for the violation of the statute.

Additionally, under the common law, or judge-made law, driving while ability impaired by drugs or alcohol and causing a motor vehicle accident is also negligent.  This is because drivers owe a duty of care to others on or near the roadway to drive sober.  When a driver breaches that duty and drives while under the influence of drugs or alcohol and causes a motor vehicle accident, he or she will be found negligent.

Truck Drivers are Likely to Use Drugs While Driving and Cause New Mexico Trucking Accidents

With trucking, time is money.  The faster a shipment can be made, the faster a trucking company and truck driver can make money.  This almost coerces truck drivers into cheating sleep to drive more and deliver more to make more money.  Many truck drivers, unfortunately, turn to controlled substances and drugs to help them stay awake.  Infamously would be speed or cocaine, which are stimulants.

However, the FCMSA has regulations which apply throughout the United States and prohibit this conduct.  Under section 392.4, no driver is permitted to operate a commercial vehicle while in possession of or under the influence of certain drugs, kindling speed and cocaine, as well as any other drug which may render a driver incapable of safely operating a commercial vehicle.
Additionally, section 392.5 prohibits the use of alcohol while operating a motor vehicle or being under the influence of alcohol.

As noted above, violations here are against the common law.  A violation of the regulation which causes a New Mexico trucking accident is not automatically negligence like the violation of a statute, but it is evidence of negligence which can help prove your case.

Drugged Driving and Drunk Driving Cause New Mexico Trucking Accidents, and Are Dangerous!

If you or a loved one has been injured in a motor vehicle 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.

Easter Holiday Weekends Bring Joy, But Also Increased Risk of Alcohol-related Car Accidents

- Mark Caruso

New Mexico Car Accidents Increased During Holiday Weekends Because of Alcohol

Easter weekend is a very religious time and not normally associated with alcohol consumption, but it is still a weekend where people get together and celebrate, catch up, and enjoy food and drink.  It is inevitable that alcohol will be consumed, and even during the day at Easter brunches with family.  This means people may be operating their motor vehicle intoxicated during the peak hours of the day.  With the increased holiday travel due to people commuting, thus putting more people on the roadway, this is a recipe for a serious New Mexico car accident caused by alcohol.

Here at the Caruso Law Offices, P.C., we understand that victims of a New Mexico car accident caused by alcohol are going to be frustrated with the other driver’s extreme negligence.  We know many drunk driving accidents result in serious personal injuries and even the wrongful death of victims, while most drunk drivers seem to always walk away without a scratch.  If you or a loved one have been serious injured due to a drunk driver, call our experienced New Mexico car accident attorneys by dialing (505) 883-5000 to learn how we can protect your rights to compensation and ensure you get the maximum amount you deserve.

Drunk Driving is Not Only Dangerous, but it is Illegal

Under NM Stat. 66-8-102, it is illegal to operate a motor vehicle while under the influence of alcohol under these conditions:

  • if you are driving a commercial vehicle like a tractor trailer, it is illegal to drive with a blood alcohol concentration of .04 or more;
  • if you are under 21 years old, it is illegal to drive with a blood alcohol concentration of .02 or more; and
  • if you are over 21 years old, it is illegal to drive with a blood alcohol concentration of .08.

It is also illegal under the common law, or judge-made law, which finds that a driver who operates a motor vehicle with an impaired ability due to intoxication may be liable for the damages he or she proximately causes.  This is because each driver must operate his or her vehicle as a reasonably prudent person under the circumstances as another driver, which includes not causing personal injuries due to collisions.

Where a motorist violates the New Mexico statute, he or she is likely to be negligent per se which means he will be found to be automatically negligent.  This helps an injured victim prove liability and win the case.

Truck Drivers Can Also Not Have Any Alcohol, but May be Impaired

New Mexico trucking accidents can be caused by alcohol too.  This is because truck drivers may be away from family and friends, causing some depression, and decide to drink before or even during their shift.  Since Easter is on a Sunday, some other truck drivers may even drink excessive on Sunday and not be legally allowed to drive on Monday when they return back to work.  They may not only be still intoxicated, but also too close to their service hours.

This is governed by the Federal Motor Carrier Safety Administration’s regulations as provided for in this link.  While a violation of one of these federal regulations is not automatically negligence, it is evidence of negligence which you can use to help prove your case.  Coupled with the New Mexico statutes, a truck driver who causes a New Mexico trucking accident will very likely be liable for the accident.

Alcohol related Easter Accidents Can Result in Serious Injuries and Wrongful Death

If you or a loved one has been injured in a motor vehicle 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.

New Mexico Drunk Driving Accidents are Decreasing, But Still Too Deadly

- Mark Caruso

Statistics Show New Mexico Trucking Driving Accidents are Decreasing, But Even One is too Many

As experienced New Mexico car accident attorneys, the attorneys at the Caruso Law Offices, P.C. know that even one drunk driving motor vehicle accident is inexcusable.  These are preventable accidents which should not occur, and only occur but for the negligence of the intoxicated driver.  Recent studies for the last year of statistics have shown that New Mexico drunk driving accidents are steadily decreasing and even at some of their lowest numbers, but still almost 400 people are killed each year in New Mexico drunk driving accidents.

If you or a loved one have been seriously injured or killed in a New Mexico drunk driving accident, call our experienced Albuquerque car accident attorneys to learn how we can protect your rights to compensation.  We will fight to get you the maximum compensation you may be entitled to for your injuries or the death of a loved one.  We offer a FREE consultation, so call (505) 883-5000 now to hear how we can help you.

Grim Statistics for New Mexico

According to the Centers for Disease Control and Prevention, 1,254 people were killed in motor vehicle accidents involving a drunk driver in New Mexico in the years 2003 through 2012.  New Mexico’s rate of deaths per age group per 100,000 was more than the national average in each age group studied.  According to news outlet, this is because New Mexico actually lead the country in alcohol-related deaths in 2014, the last year of compiled statistics.

Drunk Driving is Illegal and is Negligent

NM Stat 66-8-102 makes it is unlawful for any person from operating a motor vehicle while under the influence any intoxicating liquor such as wine, beer, liquor, cider, or any other alcoholic beverage.  There are different levels of intoxication based on a set of parameters, which include the following:

  • it is illegal to drive with a breath or blood alcohol concentration of .08 or more if you are 21 years old or more;
  • it is illegal to drive with a breath or blood alcohol concentration of .02 or more if you are under 21 years old; and
  • it is illegal to drive with a breath or blood alcohol concentration of .04 or more if you drive a commercial vehicle like a tractor trailer truck.

Any driver who violates this status can be found negligent per se.  This means that a violator who causes a New Mexico motor vehicle accident is automatically deemed negligent.  This allows a victim who was injured by the drunk driver to prove his or her case by virtue of the drunk driver violating the statute.

Injuries or Wrongful Deaths Cased by a Drunk Driver are Unacceptable and Negligent

If you or a loved one has been injured in a motor vehicle 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.

New Mexico Car Accidents on New Year’s Eve: Serious Personal Injuries in Negligent Accidents

- Mark Caruso

New Year’s Eve is a Time for Celebration, but it can Result in Serious New Mexico Car Accidents Causing Catastrophic Personal Injuries and Even Death

As another year comes to a close, many people will visit family and friends or got out to ring in the New Year.  It is customary to have a glass of champagne to toast to the end of one year and the introduction of another.  But some people have more than just a toast of champagne and overdo it.  This puts drunk drivers on the road.  Since most people wait until after midnight to depart for home, sometimes the roads can be icy, slippery, or slick late at night.  This combination of drunk drivers and slick roads can be a recipe for serious New Mexico car accidents on New Year’s Eve.

Here at the Caruso Law Offices, P.C., our New Mexico car accident attorneys know how dangerous the holidays such as New Year’s Eve can be for motorists.  We have handled several cases involving New Year’s Eve crashes resulting in serious personal injuries, permanent disabilities, and wrongful death.  Call us today for a FREE consultation by dialing (505) 883-5000 to learn how we can help represent victims of devastating and debilitating New Mexico car accidents.  We have the resources necessary and the experience investigating car accidents to ensure you receive the maximum amount of compensation you may be entitled to.

Causes of New Year’s Eve New Mexico Car Accidents

Statistically, New Year’s Eve is one of the most dangerous times of the year with a significant increase of motor vehicle accidents between 6PM on December 31 through 6AM on January 1.  There are several contributing factors which make New Year’s Eve one of the leading days for traffic accidents, this includes the following:

  • Drunk driving and alcohol impairment;
  • Drug use and driving while impaired;
  • Snow, ice, and slick roads;
  • Darkness of night making it harder for drivers to see;
  • Increased traffic at night;
  • Fatigued or tired driving;
  • Nighttime animals;
  • Drunk or impaired pedestrians on the roads or trying to cross;
  • Nighttime trucks causing trucking accidents; and
  • Other similar causes.

These are unique factors to causing car accidents on New Year’s Eve.  There are other factors which always apply, such as inexperienced driving, running red lights, speeding, and related causes which further increase the risk.

New Mexico Car Accidents Caused on New Year’s Eve Injured, Maiming, or Killing Families 

If you or a loved one has been injured in a motor vehicle 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.

Holiday Drunk Driving Accidents Causing New Mexico Car Accidents

- Mark Caruso

Too Many to Drink at Holiday Parties Can Result in Drunk Driving and Serious New Mexico Car Accidents

Our last post was about holiday factors which create, enhance, or otherwise increase the changes of a New Mexico car accident.  Some of these factors include simply having more people on the roadway, inexperienced drivers commuting, and distracted driving with pets, passengers of overstuff vehicles.  But one of the most common causes of New Mexico car accidents during the holiday season are drunk driving.  Holiday merriment facilities drinking in celebration for the festivities.  This could be drinking to celebrate, or drinking during dinner and dessert, more people attending parties are likely to drink.

However, driving intoxicated—even just a little intoxicated—can result in impaired driving.  This can result in a very serious New Mexico car accident resulting in serious personal injuries.  Our New Mexico car accident attorneys at the Caruso Law Offices, P.C. know how dangerous driving on the roads during the holidays can be due to intoxicated drivers.  Serious injuries and even fatal injuries can be caused by a drunk driving car accident.  If you or loved one have been injured in a holiday car accident, call us today by dialing (505) 883-5000 for a FREE case evaluation.  You will only pay us if we win your case!

New Mexico Law and Drunk Driving

Both under New Mexico common law, or judge made law, and statutory law, drunk driving is illegal and can result in a finding of negligence against a drunk driver.  Under NM Stat. 66-8-102, it is illegal to operate a motor vehicle while under the influence of alcohol under these conditions:

  • if you are under 21 years old, it is illegal to drive with a blood alcohol concentration of .02 or more;
  • if you are driving a commercial vehicle like a tractor trailer, it is illegal to drive with a blood alcohol concentration of .04 or more;
  • if you are over 21 years old, it is illegal to drive with a blood alcohol concentration of .08.

When a New Mexico car accident occurs because a driver is coming from a holiday party intoxicated, a victim’s entire life can be affected.  Unfortunately, because it is the holidays, victims of New Mexico car accidents tend to be entire families on their way home from their own festivities.  This completely destroy an entire family all because someone had a few too many beers and decided to drive.

Holiday New Mexico Car Accidents Caused by Drunk Drivers

If you or a loved one has been injured in a motor vehicle 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.

New Mexico Car Accidents Caused by Drunk Drivers: Understanding Liability

- Mark Caruso

When a Drunk Driver Causes a New Mexico Car Accident, Victims Can Receive Compensation for their Personal Injuries

Drunk driving car accidents are avoidable.  Yet, they are still way too common in our society.  According to the Centers for Disease Control and Prevention, in 2014 there were almost 10,000 people killed in alcohol-impaired driving accidents in the United States.  And according to the National Highway Traffic Safety Administration, alcohol-impaired motor vehicle accidents costs more than an estimated $37 billion annually in the United States.  Both sources report that this equates to approximately one person killed by alcohol-related car accidents every 51 minutes.  In addition, drunk driving car accidents cause horrific and serious personal injuries to many more people.

If you or a loved one have been injured or killed in a New Mexico car accident, call our experienced New Mexico car accident attorneys at the Caruso Law Offices, P.C. for a FREE consultation by dialing (505) 883-5000.  We will explain to you all of your rights and how we can obtain the maximum amount of compensation you may be entitled to.  We will also take the burden of protecting your rights off of your shoulders so you can focus on your recovery with your family.  Do not delay, and call our experienced attorneys today.

New Mexico Law Makes it Unlawful for Any Person to Drive While Under the Influence of an Intoxicating Liquor

It should be obvious, but under NM Stat 66-8-102, it is unlawful for any person from operating a motor vehicle while under the influence any intoxicating liquor.  There are different levels of intoxication based on a set of parameters, which include the following:

  • it is illegal to drive with a breath or blood alcohol concentration of .08 or more if you are 21 years old or more;
  • it is illegal to drive with a breath or blood alcohol concentration of .02 or more if you are under 21 years old; and
  • it is illegal to drive with a breath or blood alcohol concentration of .04 or more if you drive a commercial vehicle like a tractor trailer truck.

Violating this statute and causing a New Mexico car accident can result in a finding of negligence per se.  This is an automatic finding of negligence based on the violation of a statute.  It can be a powerful tool for a victim to use.

Additionally, New Mexico common law also finds that a defendant can be liable for driving while ability impaired or while intoxicated even under .08 if there are tell-tale characteristics of intoxication.  For instance, if a defendant comes out of a vehicle and fails multiple field sobriety tests but only blows a .04, he or she may still be liable for driving while intoxicated.  Either or, the impaired ability recorded by a police officer can be valuable evidence in a car accident case to establish negligence and win.

Drunk Drivers Causing New Mexico Car Accidents are Negligent

If you or a loved one has been injured in a motor vehicle 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.

Drunk Driving Accidents on July Fourth: New Mexico Car Accident Attorney Explains

- Mark Caruso

New Mexico Drunk Driver Car Accidents on July Fourth

It goes without saying that July Fourth is commonly celebrated with BBQs, family events, and fireworks, all to celebrate America’s Independence.  Many of these celebratory events involve alcohol.  When the get together is over, many people who have consumed alcohol will get behind the wheel of a motor vehicle to travel home.  While many of these people will have acted responsibility in either having a designated driver or ensuring they are sober before they drive, unfortunately many others will not.

This is why July Fourth is one of the most dangerous days on the road due to drunk drivers.  Many intoxicated drivers will make preventable errors such as running stop signs, not yielding, or speeding which cause serious New Mexico car accidents.  These car accidents can result in debilitating and permanent personal injuries, including paralysis, disability, and death.

If you or a loved one has been serious injured or killed in a New Mexico car accident caused by a drunk driver, contact the Caruso Law Offices, P.C. for a FREE consultation by calling (505) 883-5000.  We understand the frustration that a victim and his or her family will feel after a drunk driver causes a car accident.  We have the experience and knowledge necessary to help the victim of a drunk driver car accident obtain the compensation he or she deserves.  Contact us today to learn how to protect your rights.

Liability in New Mexico Drunk Driver Car Accidents

Generally, when a drunk driver causes a car accident, the drunk driver will be responsible for the car accident and any damages therein.  For a victim to be entitled to compensation, the drunk driver must be have been a cause of the motor vehicle accident.  Meaning, the drunk driver must have somehow contributed to the happening of the car accident.  If the drunk driver contributed to the cause of the car accident, the drunk driver will be liable.

If the drunk driver is not responsible, for instance, if the drunk driver is just sitting at a red light and a vehicle crashed into the drunk driver, the drunk driver will not be liable for the car accident caused by another driver.  Thus, there must be something that the drunk driver did that caused the car accident.

However, if the drunk driver is the one that caused the car accident, liability will usually attach.  This is particularly important because juries usually will condemn a drunk driver at trial and often handsomely reward a victim of a drunk driving accident.

Common Types of New Mexico Drunk Driver Accidents

There are many causes of New Mexico drunk driver car accidents in which the drunk driver will be liable for the accident.  Some common types of car accidents include the following:

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

If you or a loved one has been injured in a New Mexico drunk driver 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.