Cell Phone Causing New Mexico Auto Accident: Albuquerque, NM Auto Accident Lawyers Explain the Law


November 1, 2019

 by Caruso Law Offices, P.C. | 

For many people, cell phone use has become something that controls them.  Unfortunately this includes while operating a motor vehicle, such as immediately responded to a text message, making phone calls, or even checking emails while driving.  These are all very dangerous habits that a motorist could engage in.  These dangerous habits could cause or contribute into a serious New Mexico auto accident which results in personal injuries or a wrongful death.  If you or a loved one have suffered injuries because of a cell phone causing an auto accident, please call our Albuquerque, NM auto accident lawyers to learn what rights to compensation you may have.

New Mexico Law Prohibits Texting While Driving

New Mexico statutory law, or legislatively-made law, prohibits texting except for an emergency.  Under NM Stat. 66-7-374, subdivision (A), “[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 . . . .”    

Similarly, drivers of large commercial vehicles such as trucks or tractor trailers shall not text while driving as well.  This is prohibited under 49 CFR section 392.82, which restricts commercial vehicle drivers who operate big rigs, tankers, tractor trailers, 18 wheelers, and other box trucks from operating these trucks and texting at the same time.

When a defendant driver is texting and causes a car crash, that driver may automatically be liable for all personal injuries caused by the texting crash under the doctrine of negligence per se.  This doctrine holds a defendant liable when that defendant hurts a victim by violating a statute that is meant to protect the victim from harm.  Thus, car accidents caused by texting which violates New Mexico law will liable result in a likely finding of liability under this doctrine.

New Mexico Auto Accidents Caused by Cell Phone Distractions

In addition to the texting prohibition, motorists who cause New Mexico auto accidents due to cell phone use may also be liable for a car crash.  This is because the conduct of a motorist is measured by whether the driver exercised reasonable care under the circumstances in the use and operation of the person’s motor vehicle.  Using a cell phone in a manner which results in a car crash is not likely to be reasonable care and will likely subject a defendant to a common law (judge-made law) finding of negligence.  This means that a defendant who is negligent in causing a New Mexico auto accident may be liable for the crash.

Victims of New Mexico Auto Accidents Caused by Cell Phones Should Call Our Law Firm

If you or a loved one were seriously injured or if a loved one was wrongfully killed in a New Mexico auto accident caused by texting or cell phone use, please schedule a 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.

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