When Inclement Weather Causes an Albuquerque Car Accident, the Victim Can Still Recover Compensation
There can be many different causes of Albuquerque car accidents. Most of them are driver error, such as distracted driving, following too closely, or speeding. These can be preventable and are commonly caused by the negligence of a driver. Other types of car accidents can be caused by factors not in the control of the driver, such as the weather. However, car accidents car by the weather can still be preventable and still be caused by negligence.
Here at the Mark Caruso, we know that all motor vehicle accidents need to be investigated to discover the root cause of the crash. This is particularly true of weather conditions which may contribute to a car accident, but such accident could still be avoidable by the other driver. If you or a loved one have been seriously injured in a New Mexico car accident where the other driver claims the weather was the cause, call our experienced attorneys today for a FREE consultation by dialing (505) 407-0458. We will review your case and advise you how to protect your rights to compensation!
Common Law Negligence in Albuquerque Car Accidents Caused by Weather Conditions
Whether it is rain, fog, wind, dust, or other serious weather conditions, all drivers must exercise due care in the use and operation of their vehicle. It goes without saying that when the weather is bad, a driver needs to be more careful—this is obvious. This means when visibility is limited or the ability to stop or maneuver one’s vehicle is made more difficult, a driver must slow down and regain more control of his or her vehicle to avoid an accident.
This duty of reasonable care is under a theory of negligence, and is part of the common law (or judge-made law). When a driver breaches this duty of reasonable care and such breach causes damages, the driver will be liable for such damages. This allows a victim to recover compensation for any injuries caused in a car accident due to a driver’s negligence during inclement weather.
Automatically Negligent for Causing Certain Albuquerque Car Accidents Caused by the Weather
In addition to the judge-made common law, a driver who violates a statute and causes harm to an individual that statute is meant to protect and prevent that harm, a driver may be found automatically negligent as a matter of law. This is called negligence per se, and it is a very important theory of liability that a victim of a car accident can use.
Therefore, the violation of a statute which causes a car accident can result in negligence. For instance, New Mexico Stat. 66-7-301 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 or heavy rain, he or she must slow down and control his or her vehicle to remain in control and able to avoid an accident. If a driver causes a car accident due to losing control, skidding, or not being able to stop in time because he or she was going too fast in inclement weather, he or she may be negligent per se under this statute.
In addition, New Mexico Stat. 66-7-318 governs following too closely, and provides that “[t]he 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.” This means if the condition of the highway is wet or there is a dust storm or heavy fog limiting vision, a driver must slow down to avoid causing a car accident. If a car accident is caused by a driver following too closely for the condition of the highway, he or she may be liable for the car accident under the doctrine of negligence per se.
Did Inclement Weather Contribute to an Albuquerque Car Accident Where You Were Injured? Call Us today!
If you or a loved one has been injured in a motor vehicle accident occurring in inclement weather, call the experienced New Mexico car accident attorneys at the Mark Caruso today by dialing (505) 407-0458 You can also Contact us on our website through the easy to use and convenient Contact box located by clicking here.