Distracted Driving Auto Accidents in New Mexico


October 19, 2020

 by Caruso Law Offices, P.C. | 

Understanding Distracted Driving Auto Accidents in New Mexico from Our Albuquerque Lawyers

One of the most preventable types of auto accidents is the distracted driving accident. This is a type of auto accident that is caused by a motorist who is removing his or her hands, eyes, or attention from the roadway—sometimes all three. This can result in serious collisions and crashes with other motorists or pedestrians on or near the roadway. Distracted driving auto accidents in New Mexico can not only cause serious personal injuries, but they can also result in liability for a driver, vehicle owner, or business.

Our experienced Albuquerque lawyers at the Caruso Law Offices, P.C. know that it is all too common scenario where a defendant causes a motor vehicle due to distractions. We have handled some of the most catastrophic personal injury cases and wrongful death actions involving motorists who have been seriously injured or fatally wounded in crashes with distracted drivers. We fight hard for the rights of victims and their families to recover compensation for their lost wages, medical bills, personal injuries, loss of consortium, future surgeries, and any other damages related to the accident. Learn how we can help you in a FREE consultation with one of our lawyers by calling us today.

Common Causes of Distracted Driving Auto Accidents

There are many potential causes for distracted driving auto accidents in New Mexico. Most of the common causes are completely avoidable with the proper exercise of reasonable care in the use or operation of a motor vehicle. This means that almost all distracted driving auto accidents in New Mexico are unnecessary and cause needless harm to innocent individuals.

Some of the most common causes of distracted driving auto accidents include the following:

  • Cell phone use to make a call
  • Cell phone use to text message or check emails
  • Playing with the music radio
  • Adjusting the hand-held radio
  • Eating or drinking
  • Setting the GPS
  • Talking with a passenger
  • Putting on makeup or doing personal hygiene things (i.e., shaving)
  • Playing with the mirrors or components of the care
  • Using a laptop or tablet
  • Reading something, or
  • Other distractions.

Liability for Distracted Driving Auto Accidents

There are two forms of liability for distracted driving auto accidents in New Mexico. First, it comes to what a reasonable person would have done in similar circumstances, including exercising reasonable care under the circumstances in operating a motor vehicle. A reasonable person must see what there is to be seen and where what there is to be heard, which means not driving distracted. The failure to act reasonably can result in a serious motor vehicle collision that can cause the defendant to be negligent for failing to act reasonably. This can apply to any type of distractions while operating a motor vehicle.

There is also another way to prove liability where a defendant is texting while driving. Under this theory, a defendant is liable when he or she violates NM Stat. section 66-7-374 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[.]” If a defendant causes an auto accident while violating this law, he or she may automatically be found negligent under New Mexico law.

Injured in a Distracted Driving Accident? Call the Caruso Law Offices, P.C.

Our experienced Albuquerque lawyers handle any type of serious personal injuries or wrongful death cases in New Mexico. We protect the rights of victims and their families to ensure that they are adequately compensation for their losses, including receiving the maximum amount they may be entitled to for lost wages, medical bills, or pain and suffering. Call us for a FREE consultation to learn how we can help you today.

We handle cases throughout New Mexico, including in Las Cruces, Rio Rancho, Santa Fe, Roswell, Farmington, Hobbs, Lordsburg, or anywhere else in the state, including Albuquerque where our law office is located. Call the Caruso Law Offices, P.C. by dialing (505) 308-1556 to learn how we can help. 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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