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

Posted 

August 23, 2016

 by Caruso Law Offices, P.C. | 

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 Mark Caruso, 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) 407-0458.  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 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.

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