We all know that, generally speaking, the vehicle that rear ends another vehicle is usually at fault. This means the behind vehicle will likely be liable for personal injuries or damage to the front vehicle. The law is made this way because New Mexico law requires that following vehicles do not follow too closely and leave another “compromised space” or car-lengths behind another vehicle to safely stop. Unfortunately, rear end collisions are some of the most common collisions on New Mexico roads, highways, and interstates. Learn why from our Albuquerque auto accident lawyers here.
New Mexico Law and Rear End Collisions
Under NM Stat Section 66-7-318 (A), “[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.” When a vehicle rear ends another vehicle, it is generally a violation of this statute and invokes the doctrine of negligence per se which can automatically find the driver violating this section of law to be liable for personal injuries and damage.
In addition to the statutory law, or legislatively-made law, there is New Mexico common law, or judge-law made, which has been created, evolved, and passed down over the decades to reflect public sentiments. Under the common law, all motorists must see what there is to be seen and exercise reasonable care in use and operation of their motor vehicle. Our Albuquerque auto accident lawyers know that any rear end collision is likely to be both a statutory violation and a common law violation.
Common Causes of New Mexico Rear End Collisions
There are several common causes of New Mexico rear end collisions which could result in very serious personal injuries or the wrongful death of an innocent person. Unfortunately, many of these common causes are preventable with the proper exercise of care, attention, skill, and diligence while operating a motor vehicle.
The most common causes for rear end collisions include the following:
- Distracted driving;
- Drunk driving;
- Drugged driving;
- Weather such as dust storms, heavy rain, fog, or snow squalls that limit vision or traction on the road;
- Drowsy driving;
- Falling asleep at the wheel;
- Driver inexperience;
- Mechanical errors;
- Passenger districts;
- Brake failures; and
- Many other common causes.
Injured in a Rear End Collision? Ask our Albuquerque Auto Accident Lawyers for Help
Here at the Mark Caruso, our experienced Albuquerque auto accident lawyers can work with you and your family after a rear end auto accident which causes injuries in New Mexico. If you or a loved one have been seriously injured in a rear end car accident, please call to schedule your FREE appointment with our lawyers at the Mark Caruso by dialing (505) 308-1556.
We handle causes throughout New Mexico, including Las Cruces, Santa Fe, Roswell, Cuervo, Rio Rancho, Clovis, Farmington, Hobbs, Albuquerque where our office is located, and anywhere else throughout New Mexico. Please call to schedule for FREE appointment by dialing (505) 308-1556 or contact us through our website’s easy to use and convenient contact box available here.