negligence

NM Car Accident Attorney Lists Five Worst Intersections in Albuquerque, New Mexico

- Mark Caruso

The Top Five Worst Intersections in New Mexico at all in Albuquerque, and All Deadly

Intersections are the most dangerous portion of a roadway.  There are multiple lanes of traffic crossing over each other.  Traffic is controlled by numerous devices in opposition directions.  Pedestrians, cyclists, and others are in or around the roadway coming from different directions.  And there are many other distractions are most intersections from the basic signs and directions, to stores and advertisements.  All intersections are dangerous.

But in Albuquerque, these intersections are also likely to be deadly.  The top five deadliest intersections in New Mexico are all in Albuquerque.  At the Caruso Law Offices, P.C., we know this because we have handled many intersection traffic accidents.  Many of these are against some of the largest trucking companies in the United States, including Fed Ex, Estes, JB Hunt, and Schneider, which can cause catastrophic motor vehicle accidents.  We know that intersection accidents are deadly, and we know that a victim needs zealous representation.

If you or a loved one have been injured or killed in a New Mexico intersection traffic accident, call our experienced New Mexico car accident attorneys at the Caruso Law Offices, P.C.  We offer a FREE case evaluation to help you understand your rights.  Do not delay, and call us today by dialing (505) 883-5000 to learn how we can protect your rights to compensation for your injuries!

Top Five Deadliest Intersections in New Mexico

According to the New Mexico Department of Transportation, these are the top five intersections in New Mexico which are all in Albuquerque:

  1. Coors Blvd NW and Paseo Del Norte Blvd NW – this intersection has had 380 motor vehicle accidents with 110 of them being fatal in just a three year span.  This equates to a 29% fatality rate which is very high.  Not listed is the number of non-fatal injuries which must be very high given the speed of this intersection and the number of crashes.
  2. Jefferson St NE and Paseo Del Norte Blvd NE – again speed is a major factor in causing the 365 motor vehicle accidents and 97 fatalities.  This is 27% fatality rate, which is also very high.
  3. Montgomery Blvd NE and San Mateo Blvd NE – this intersection is dangerous and has caused 260 accidents with 66 fatal in a three year span.  This is a 25% fatality rate.
  4. Montgomery Blvd NE and Wyoming Blvd NE – another Montgomery NE which racks up another 251 accidents and 69 fatalities, making this fatality rate 27%.
  5. Coors Blvd NW and Montano Rd NW – 241 accidents with 59 fatal, making the fatality rate 25% and Coors Blvd NW the deadliest road in New Mexico with 169 fatalities in a three year span for just these too intersections.

Everyone Should Know the Deadliest Intersections and Avoid Them; If Already Injured, Call Us for a Free Consultation!

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.

Who is Liable for New Mexico Motor Vehicle Accidents Caused by Debris in the Roadway?

- Mark Caruso

When Roadway Debris Causes New Mexico Motor Vehicle Accidents, Victims Can Still Get Compensated for their Injuries

Not all motor vehicle accidents are solely caused by the negligence of another driver.  Sometimes motor vehicle accidents are caused or contributed to by other factors such as dust storms, rain, snow, or glaring sun.  These are factors that are not the main cause, but can result in difficult driving conditions which contribute to an accident.

Roadway debris is another type of hazard which can result in New Mexico trucking accidents.  Anything around or on the roadway can be a potentially dangerous and even deadly hazard, particularly on the interstate.  Indeed, roadway debris on interstates can result in very serious injuries or death.  Every year some of the largest trucking companies in the United States, including FedEx, Estes, and J.B. Hunt, are involved in trucking accidents caused by roadway debris.

Dangers of Roadway Debris: How They Can Injure or Kill

Roadway debris can cause deadly New Mexico trucking accidents in many different ways.  The most obvious would be for the roadway debris to actually cause the injury.  This could result from striking the roadway debris directly and it causing an injury.  This could also mean the roadway debris was run over by another vehicle and launched into the victim’s vehicle.  Either way, the roadway debris was the mechanism for the injury.

Another way roadway debris could cause an accident is where another vehicle swerves to avoid it which results in a serious accident.  If a large commercial truck attempt to avoid roadway debris on the interstate, this could result in de-stabilizing the truck causing it to roll over, flip, jackknife, or slide into another lane and another vehicle.  On an interstate, this can result in serious personal injuries or the death of a victim.

Liability from Roadway Debris: Who is at Fault?  Who Should Compensate Me?

When a victim is injured in a New Mexico motor vehicle accident caused by roadway debris, there could be many questions as to who is potentially liable for the victim’s injuries.  The most obvious would be whoever hit or struck the victim.  This could be a vehicle avoiding the debris and striking the victim’s vehicle.  This is usually a party that may be liable, unless it is found that the emergency doctrine applies.  However, drivers are required to see what there is to be seen on the roadways and debris is certainly one of the hazards that must be observed and avoided.

Another liable party is whoever put the debris in the roadway.  That seems obvious when the roadway debris is something such as a construction cone or cargo from a large commercial truck.  In those instances, the construction company (or the State) and the trucking company who owns the cargo would be liable.  But in other instances the roadway debris could be pieces of trees or plants, large rocks, or miscellaneous garage on the side of a roadway.  In that instance, the municipality, county, or even the State may be liable for the roadway debris.

When in doubt, the best practice is always to commence an action against all possible parties.  During the discovery process the court and the parties will sort through the evidence and decide whether a party is liable or is not liable.

Injuries Caused by Roadway Debris Can be Compensated

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.

Fractured Hip in Albuquerque Hit by Car Accident

- Mark Caruso

When a Pedestrian is Hit by a Car in an Albuquerque Car Accident, A Fractured Hip is a Common Injury and Very Serious Potentially Devastating

A lot of people fear getting hit with a car, and for good reason.  A pedestrian is not protected with airbags, a seatbelt, side curtains, or in a steel shell of a car to protect them.  Many times a pedestrian may not even see the car coming which can result in even worse injuries, particularly to the neck or back.  Fractured bones are very common, no matter what age the victim is.  A common bone which is fractured in an Albuquerque car accident hitting a pedestrian is the pelvis or hip.  This is because the hip is at the level his is commonly first impacted by the car, thus it is an area of trauma.  But the hip and pelvis is also an area of the body which is usually thrown to the ground and absorbs the impact of falling.  As a result, this very strong and sturdy bone become injured and breaks.

If you or a loved one have been injured after being hit by a car in an Albuquerque car accident, call the experienced Albuquerque car accident attorneys at the Caruso Law Offices, P.C. by dialing (505) 883-5000.  We offer a FREE case evaluation for all injured in New Mexico accidents, and we can help protect your rights to compensation.  We understand how painful the injuries for a fracture hip can be, and we know what is reasonable compensation for your pain and suffering, medical expenses, future medical expenses, and we can calculate your lost earnings and income.  Learn how we can help you today by calling our experienced team today.

Fractured Hip After Being Hit by a Car

A fractured hip is a very serious type of fracture.  This type of injury is no joke, no matter how old the victim is.  For young children, a fractured hip and lead to a life-long complication with the child’s legs.  It can lead to early arthritis and limit a child’s athletic ability.  It can even damage growth plates slowly a child’s development or permanent cause imbalances.

For an elderly victim, unfortunately a fractured hip can be the beginning of the end.  This type of injury can greatly impact an elderly victim’s life and mobility, and greatly effect a victim’s emotional well-being.  Infections from surgeries to repair the damage are common, and if a hip replacement is required, it can seriously cause life-threatening complications.

But for all patients, a fractured hip can result in very complicated surgeries.  This can be surgery with painful hardware being installed which includes rods, pins, screws, and plates.  This type of surgery is invasive, painful, and may result in future surgeries to adjust what was done.  It will also cause very large scars and injuries.  For very bad fractured hips, a partial or total hip replacement may be required.  It goes without saying that this is a very bad injury which can be a life-long problem.

Liability in Albuquerque Car Accidents After Being Hit by a Car

Drivers owe a duty of care to use reasonable care in the use and operation of their motor vehicle.  This includes a duty to see what there is to be seen.  This does not just include other motor vehicles, but also pedestrians in and around the roadway.  Even if a pedestrian is cutting out into the street between two cars, drivers must guard against this if a reasonable driver would have.  That is, a driver must prevent hitting a pedestrian in a car accident.

When a driver fails to exercise reasonable care, and such failure causes personal injuries, the driver can be liable for all personal injuries caused by the car accident.  This includes not only past medical expenses, such as the emergency room bill and the surgery to repair, but also future medical expenses such as future surgeries which may need to be completed.  If the victim of a car accident is killed, the defendant may be liable for lost wages, income, and consortium to an entire family.

Hit by a Car and Fractured Your Hip?  Get Represented TODAY!

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.

Overloaded Car Causes New Mexico Car Accidents Because Driver Couldn’t See

- Mark Caruso

When New Mexico Car Accidents Are Caused by Overloaded Cars and Drivers Who Cannot See, It Can Kill Other Motorists and Pedestrians on or Near the Roadway

Being able to see where you are going is the most important aspect of safe driving.  Indeed, New Mexico law requires drivers to see what there is to be seen in order to avoid car accidents.  While a driver’s vision may be limited by factors outside his or her control, such as by other vehicles on the roadway or the weather like a dust storm, sometimes a driver causes the visual obstruction.  A common example is where a driver has overloaded his or her car, such as transporting objects from the store, moving to a new house, or dropping a child off at college for the first time.  A significant amount of cargo can obscure a driver’s vision and create blind spots making driving more dangerous.

If you or a loved one have been injured in a New Mexico car accident caused by a driver who obscured his or her vision by overloading his or her car, contact the experienced New Mexico car accident attorneys at the Caruso Law Offices, P.C.  We have the knowledge and proven track record of representing those injured in car accidents to help you obtain the maximum compensation you may be entitled to.  Call us at (505) 883-5000 to learn how we an protect your rights today!

Overloading a Car Can be Negligent and is a Violation of New Mexico Law

While it is obvious that overloading a car so that the driver cannot see is negligent, it is also against New Mexico law.  Under NM Stat. 66-7-357 (A), “[n]o person shall drive a vehicle when it is so loaded or when there are in the front seat such number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver’s control over the driving mechanism of the vehicle.”

Thus, when a driver operates a motor vehicle when he or she cannot see because it is overloaded, that may result in a finding of automatic negligence under the negligence per se doctrine.  This doctrine holds that damages to a person meant to be protected by a statute that is violated will result in the violator causing the damages to be negligent.  This is an important tool for injured victims.

Drivers That Block Their Vision Can be Negligent for Injuries 

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 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.

New Mexico Car Accidents Caused by Cars Pulling Out of Private Driveways

- Mark Caruso

Drivers Pulling Out of Private Driveways Must Yield to All Other Vehicles and are Negligent for Causing New Mexico Car Accidents if they Failed to Do So

There are a lot of hazards on or around the roadway which can result in serious personal injuries if there is a collision.  This includes pedestrians, car doors opening, animals, and other cars darting out of driveways.  Another car pulling out of a private driveway is particularly dangerous situation because it effectively places a wall in front of oncoming traffic.  This will result in a head-on collision, which is a very dangerous type of collision.

Here at the Caruso Law Offices, P.C. we know that New Mexico car accident occurring because a negligent driver pulled out of a private driveway can be very frustrating.  This type of accident can almost be indefensible as a driver and cause very serious personal injuries to you and your loved ones.  Learn how we can protect your rights by calling for a FREE case evaluation by dialing (505) 883-5000.

New Mexico Law Requires Drivers Pulling out of Private Driveways to Yield to All Other Traffic

Under New Mexico Law, NM Stat. 66-7-331 provides that “[t]he driver of a vehicle about to enter of [or] cross a highway from a private road or driveway shall yield the right-of-way to all vehicles approaching on said highway.”  Additionally, NM Stat. 66-7-324 that “[n]o person shall start a vehicle which is stopped, standing or parked unless and until such movement can be made with reasonably safety.”

These two statutes place obligations on motorists leaving a private driveway and require them to always yield to the other vehicles on the roadway.  If the car is parked and leaving a private driveway, a motorist can only leave when it is safe to do so.

Violations of New Mexico Statutes Are Negligence Per Se

If a motorist violates either statute above by pulling out of a private driveway and causing a New Mexico car accident, it is very likely the defendant will be negligent per se.  Under the negligent per se doctrine, a defendant will be found automatically negligent for the violation of a statute if the statute is meant to prevent against the harm which occurred and if the victim was the type of person the statute meant to protect.

Both statutes are meant to prevent against injuries from motor vehicle accidents.  The victim to be protected by the statute would be any person on or near the roadway.  Therefore in this situation, the violated statutes would likely result in a finding of negligent per se against the defendant finding him or her automatically negligent under this useful doctrine for plaintiffs.

Violations of New Mexico Statutes Can Be Negligence Per Se

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 Trucks Running Red Stop Signs and Causing Serious Personal Injuries

- Mark Caruso

New Mexico Trucking Accidents Caused by Running Stop Signs Can Kill

As motorists, we know that stop signs and red lights are very important traffic control devices.  These help dictate the right of way and the order vehicles can travel.  They help to make intersections, which are very dangerous areas of roadways, safer by requiring a lane of travel to come to a full stop.  Sometimes this is at an intersection where all vehicles entering the intersection can stop.  Other times this is at an intersection where only one direction needs to stop; the other direction can still proceed.  This is particularly important with the significant increase in large commercial trucks on our roadways which can cause serious personal injuries in a collision.

Motorists and even pedestrians at intersections with traffic control devices such as stop signs and red lights have an expectation that other vehicles will abide by those devices.  In fact there is a legal duty to do so.  When a motorist fails to follow the traffic control devices, that is a breach of the duty of care.  When this breach causes personal injuries or damages to another, the violator may be found to be negligent.  When the violator is a large commercial truck, both the truck driver and the trucking company can be liable to all victims.

New Mexico Trucks Failing to Stop at Stop Signs are Negligent and Negligent Per se

Under the common law, which is judge-made law evolved over the years, a truck driver is negligent when he has a duty of care, breaches such duty, and the breach causes damages.  A truck driver has a duty of care to stop at a stop sign.  When the truck driver runs the stop sign, he or she breaches the duty of care.  If the truck driver collides with another vehicle and causes personal injuries to another when he or she breaches the duty to stop at a stop sign, the truck driver will be found negligent by the common law.

Under the same facts, a truck driver can also be negligence as a matter of law under the doctrine of negligence per se for a New Mexico trucking accident.  This doctrine finds that a statutory violation which is meant to protect a class of people from a certain harm, and causes harm to that class of persons, is an automatic finding of negligence.  This includes a stop sign under NM Stat. 66-7-330, which requires “every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop . . . and after having stopped shall yield to the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on the highway as to constitute an immediate hazard . . . .”

Therefore, a truck which fails to stop at an intersection and collides with another vehicle may be negligence per se.  Even if a truck stops at the intersection and then proceeds, if the truck does not do so safely the truck can still be negligence per se.

New Mexico Truck Accidents Caused by Failing to Stop at a Stop Sign is Negligence and Victims can Receive Compensation for their Injuries!

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.

Reasons Why Speeding Causes Very Serious New Mexico Car Accidents and Injuries

- Mark Caruso

Drivers Who Speed are Drivers Who Kill and Cause Serious Personal Injuries in New Mexico Car Accidents

As any driver knows, there are speed limits posted on the road.  When there is no speed limit posted, the speed limit is the state speed limit.  Thus, drivers know that when they are traveling above the speed limit, they are traveling above the speed rated for the road.  This rating is determined by assessing the type of road, the location, the physical shape or curvature of the road, blind spots, amount of traffic, and sometimes the condition of the road.  These are important figures and considerations, because they help to protect those on or around the roadway from serious injuries.

But many people still speed and ignore the posted speed limits.  This is a very dangerous practice and can cause serious personal injuries or even death.  If you or a loved on have been injured or seriously killed in a New Mexico car accident caused by a driver speeding, call our experienced attorneys at the Caruso Law Offices, P.C.  We represent many victims and families of victims who have been seriously injured or killed in catastrophic car accidents.  Call us today for a FREE consultation by dialing (505) 883-5000 to learn how we can protect your rights.

Reasons Why Speeding on Roadways Kills

Traveling above the speed limit creates a hazard for people on and off the road.  This can result in very dangerous circumstances which almost guarantee a serious car accident and horrific injuries when a driver is speeding.  This is because speeding does a few things which magnify the danger and the damages, which include the following:

  • Speeding reduces reaction time – this gives motorists a shorter period of time to react to an issue on the roadway which would require the motorist to turn away, brake, or swerve.  Because the reaction time is shorter, a motorist has less time to make these maneuvers and, in turn, needs to be a better driver to perform these maneuvers.  At a first speed, however, no amount of skill can avoid a collision.
  • Speeding increases stopping distance – the faster a motor vehicle goes, the more stopping time it will need to come to rest.  In driver’s ed class, this is generally taught as car lengths for stopping.  The faster a car is going, the more friction that will be required to stop the vehicle and the more stopping distance that is needed.
  • Speeding increases momentum – the higher a vehicle’s momentum, the more force it has and the more force it will need to disburse to come to a stop.  This means that a vehicle which collide with another object, all of the momentum will be transfers and will need to be disbursed to get the vehicle to stop.  The force gets transferred to the passengers and causes personal injuries them to.

Injured by a Driver Speeding?  Have Us On Speed Dial to Represent You!

If a loved one has been seriously injured or killed in a New Mexico car accident, contact the experienced 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 Car Accidents From Pulling Out of a Parking Space Without Looking

- Mark Caruso

Serious Albuquerque Car Accidents Can Occur When a Defendant Pulls Out of a Parking Space Without Looking

Most people drive a motor vehicle every day, and for the most part it is not too difficult.  Although there are a lot of hazards for motorists to avoid, such as oncoming vehicles, vehicles in the other lanes, and pedestrians, to just name a few.  Yet, there are still a lot of motor vehicle accidents which occur every day.  One of the most common places for a motor vehicle accident is on a narrow road or in a parking lot.  This is because parked vehicles sometimes fail to look before pulling out of a parking spot.  If there is an oncoming vehicle, this can result in a very serious collision causing serious personal injuries or death.

If you or a loved one have been injured in an Albuquerque car accident caused by a motorist pulling out of a parking spot without looking, call our experienced New Mexico car accident attorneys today for a FREE consultation by dialing (505) 883-5000.  We know that all motor vehicle accidents are dangerous, whether at high speed or low speed, and we treat all possible cases with the attention and respect victims deserve.  Call us today to learn how we can protect your rights to compensation!

New Mexico Law Requires Parked Vehicles to Only Move When It Can Be Done Safely

It sounds like common sense, but a parked vehicle should only be moved when it is safe.  Under common law, or judge-made law, failure to operate a motor vehicle in a reasonably safe manner which causes personal injuries is negligent.  The negligent driver will be liable for the injuries of the victims.

Under New Mexico statutory law, NM Stat. 66-7-324 governs starting a parked vehicle, and provides that “[n]o person shall start a vehicle which is stopped, standing or parked unless and until such movement can be made with reasonable safety.”   If a motorist violates this statute and causes an Albuquerque car accident, it can result in serious personal injuries.  The violator will be liable for those personal injuries under the legal doctrine of negligence per se, which automatically makes a finding of negligence.

Examples of Improperly Starting a Parked Which is a Violation of New Mexico Law and Negligence Per Se

Some common examples of improperly starting a parked car which causes an Albuquerque car accident causing personal injuries are in parking lots.  When motorists back out without looking for oncoming traffic or vehicles behind them is a serious type of motor vehicle accident.  Another common example is parking along a main road and a parked vehicle parked out of a parallel parking spot or angled spot into fast-moving traffic.  This can cause significant damage to both vehicles and the occupants inside.

Albuquerque Car Accidents Caused by Pulling out of Parking Spots Without Looking

If a loved one has been seriously injured or killed in an Albuquerque car accident, contact the experienced 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.

Can New Mexico Car Accidents During a Haboob or Dust Storm Create Liability?

- Mark Caruso

Phoenix Arizona’s Recent Massive Haboob Brings Lessons to New Mexico Car Accidents Caused By Dust Storms

It has been all over the national news that Phoenix, Arizona has just been engulfed by massive haboob.  A “haboob” is a large dust storm characterized by violent and high winds blowing sand into the area.  While its effects were not heavily felt in New Mexico, we are just as susceptible to these types of powerful weather phenomena.  These storms are dangerous for both pedestrians and motorists alike, particularly when people do not exercise the degree of caution required to handle these dangerous storms.

Here at the Caruso Law Offices, P.C., we know that dust storms like a haboob can create blinding walls of dust and impair a driver’s vision.  This can cause serious motor vehicle accidents resulting in debilitating and deadly injuries.  Our experienced New Mexico car accident attorneys have handled many motor vehicle accidents caused by limited or constrained vision.  If you or a loved one have been injured in a New Mexico car accident caused during a dust storm, call us today for a FREE consultation by dialing (505) 883-5000.  We will help protect your rights to compensation caused by another’s negligence during a dust storm.

Car Crashes During Dust Storms: New Mexico Car Accident Liability Under Statutory Law

While there is common law (judge-made law) that requires all motorists to see what there is to be seen in the use or operation of a motor vehicle, there are also two powerful New Mexico statutes that can help win your case.

First, there is New Mexico Stat. 66-7-301 which governs speed regulation, and requires “[i]n every event, speed shall be controlled by the driver as may be necessary to avoid colliding with a person, vehicle or other conveyance on or entering the highway.”  This means if a driver cannot see due to a dust storm such as a haboob, he or she must slow down in an effort to control his or her vehicle to avoid an accident.  If a driver continues to drive too fast and causes a car accident during a dust storm, this can result in liability entitling the victim to recover compensation.

Second, New Mexico Stat. 66-7-318 governs following too closely (tailgating), and provides that a “driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.”  The phrase “condition of the highway” would include limited visibility due to a haboob or dust storm.  If a car accident is caused by a driver following too closely during a strong dust storm, he or she may be liable for the car accident and for all injuries to the victim or victims.

New Mexico Car Accidents Caused by a Haboob or Dust Storm Can Bring Liability

If you or a loved one has been injured in a motor vehicle accident due to a dust storm or haboob, 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.