texting while driving

New Mexico Trucking Crashes Caused by Truck Driver Texting

- Mark Caruso

Texting While Driving is Very Dangerous, Especially When the Driver is a Truck Driver: New Mexico Trucking Crashes and Wrongful Deaths

Cell phone use is pervasive while driving.  People have been talking on the phone while driving for over a decade, and many motor vehicle manufacturers are even creating bluetooth systems to people can continue to talk while driving.  This does make it slightly safer as it allows both hands to be back on the wheel.

Which is why texting while driving is so dangerous, as even with the advent of bluetooth systems it is still very hard if not impossible to text while driving with both hands on the wheel.  Because of this, texting while driving is quickly becoming just as dangerous as drunk driving and drugged driving—if not more dangerous.  Many motor vehicle crashes are being caused when drivers divert their attention, eyes, and hand off the wheel to text.

This is particularly dangerous for large commercial truck drivers, like those who operate tandem trailers, big rigs, semis, flatbeds, tractor trailers, double trailers, 18-wheelers, tankers, and other large vehicles.  A truck driver texting while driving just becomes an unguided missile, especially on the interstates or highways of New Mexico.  If you or a loved one have been seriously injured or killed due to a commercial truck driver texting while driving, call the experienced New Mexico trucking crash attorneys at the Caruso Law Offices, P.C. to learn how to we protect your rights to compensation by dialing (505) 883-5000 for a FREE consultation.

Texting While Driving is Against the Law for All Drivers in New Mexico

Our Legislature in New Mexico has made it illegal for anyone and everyone, except in dire emergency circumstances, to text while driving.  This is provided for in NM Stat. 66-7-374, subdivision (A), which 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 . . . .”

When any driver causes a motor vehicle crash in New Mexico because he or she was driving while texting, that person will be violating this statute.  Victims of that motor vehicle crash can hold that defendant negligent per se, meaning that he or she will be liable for all harm caused by violating what the statute meant to the protect.

The prohibition on texting while driving was intended to protect all motorists on the road, therefore anyone texting while driving and causing an injury will be deemed negligent under these circumstances.  This applies to all commercial truck drivers as well.

Truck Drivers Have an Additional Rule Prohibiting Them From Texting While Driving

Even though NM Stat. 66-7-374 applies to all commercial truck drivers, that is New Mexico statutory law.  There are also federal regulations which apply to all truck drivers no matter what state they are driving in which also prohibit truck drivers from texting while driving.  The specific regulation is 49 CFR section 392.82, which provides that no driver of a commercial truck shall engage in texting while driving.  The regulation also prohibits any trucking company from requiring the truck driver to text while driving.

Unlike the New Mexico statute, a violation of this regulation which causes a personal injury in a trucking crash is not automatically negligence but evidence of negligence.  This means that a truck driver is not automatically liable to a victim.  However, because our Legislature enacted NM Stat. 66-7-374 (something not all states have), victims of New Mexico trucking crashes have been further protected by our government and accidents like this are automatically deemed caused by the negligence of a truck driver.

Therefore, victims in New Mexico have stronger protections and rights, as long as they have an experienced trucking accident attorney that knows this.

The Caruso Law Offices, P.C. is a Trusted, Knowledgeable, and Experienced New Mexico Trucking Crash Law Firm that Victims Need to Call to Get the Maximum Amount of Compensation They Deserve

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.

Interstate Albuquerque Trucking Accidents Caused by Texting While Driving

- Mark Caruso

Interstate 25 and Interstate 40 Trucking Accidents Near Albuquerque, New Mexico Caused by Texting While Driving Can be Deadly and Violate Federal Law

Technology has improved almost all facets of our lives.  Cell phones specifically have provided more than just convenience, but also safety in the ability to call for help in remote locations.  But one area where technology and cell phones has not improved out lives is driving.  Using a cell phone while driving is dangerous and deadly.  According to statistics, distracted driving caused by cell phones while driving causes over 3,000 deaths and over 431,000 injuries each year.  This is an unacceptable number of causalities by a very preventable cause.  This is just negligence.

One of the most dangerous vehicles to be driving while texting is a large commercial truck such as a tractor trailer, tanker, flatbed, tandem, big rig, 18-wheeler, or other large truck.  These vehicles can become unguided missiles launched forward at whatever they hit—which is usually a smaller, passenger vehicle.  This is particularly dangerous on highways, such as Interstate 25 or Interstate 40 which go through Albuquerque, New Mexico.  Unfortunately, when a large truck collides with a small vehicle on the interstate, it will cause catastrophic injuries if not death to the occupants of the smaller vehicle in an Albuquerque trucking accident.

New Mexico Law Makes it Illegal to Text While Driving

Under New Mexico Law, 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 . . . .”

When a driver texts while driving anyway and causes an Albuquerque trucking accident, it can be negligence per se.  This means that a violation of a statute meant to protect people from a certain harm can automatically be a finding of negligence against the violator.  Here, it would be the truck driver texting while driving hurting innocent people in trucking accidents.

In addition, common law finds that drivers who text while operating a motor vehicle and cause an accident could be negligent.  This is because all drivers owe a duty to others on or near a roadway to use reasonable care under the circumstances as a reasonably prudent driver.  If a driver fails to do that and causes a motor vehicle accident, the driver breaches that duty and is liable for all damages caused by that breach.

The Federal Motor Carrier Safety Regulations Prohibit Texting While Driving a Commercial Truck

Under 49 CFR section 392.82, no driver of a commercial truck shall engage in texting while driving.  Further, no trucking company or motor carrier shall allow or require its drivers to engage in texting while driving.  These creates liability against both the truck driver and the trucking company.  The only exception is in the course of an emergency to summon police or help.

Like the statutory law, a violation of the CFR—which is a federal regulation which applies to all truck traveling on interstates—a truck driver violating this statute and causing a motor vehicle accident can be liable under the theory of negligence per se for Interstate 25 or Interstate 40 trucking accidents around Albuquerque, New Mexico.

Interstate 25 or Interstate 40 Trucking Accidents Caused by Texting While Driving Violate the CFR and New Mexico Law 

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 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.

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.