Does “I Didn’t See You” Ever Provide a Defense in a New Mexico Car Accident?


October 28, 2016

 by Caruso Law Offices, P.C. | 

Many Times After a New Mexico Car Accident the Defendant Says “I Didn’t See You”: Is That a Defense?

No one plans to be in a New Mexico car accident.  But when someone is a victim of a car accident, many times the defendant driver who caused the car accident will immediately say “I didn’t see you” or “sorry, I didn’t see you.”  Sometimes defendants will blame someone else for the accident, such as someone that blocked their view like a double-parked car.  Other times defendants will blame the environment, such as a dust storm or sun glare.  But is this ever an excuse for causing a car accident?

The answer is almost always a resounding “no.”  Drivers who cause a car accident cannot place all of the blame on other people or events.  If you or a loved one has been injured in a car accident caused by another driving saying “I didn’t see you,” contact our experienced New Mexico car accidents attorneys to learn how we can protect your rights.  We offer a FREE consultation and we will hear the facts of your case, learn about your injuries, and advise you how we can help you obtain compensation for your injuries.  Call us today by dialing (505) 407-0458 and hear how our attorneys can help you and your family.

“I Didn’t See You” is Not an Excuse to Causing a New Mexico Car Accident

Of course, if a driver saw you he or she likely would not have driven into you and caused the car accident.  It becomes almost instinctual for a defendant to immediately claim that he or she did not see you and provide and excuse.  Most times this excuse is just a defense mechanism.  After all, people do not like to admit their mistakes.

But “I didn’t see you” is not an excuse.  Under New Mexico common law, or judge-made law developed over years of refinement, a driver has a duty to see what there is to be seen when operating a motor vehicle.  This means that a driver operating a motor vehicle blindly is breaching this duty.  Blind turns and moving without looking is dangerous and negligent.

Thus, a driver that makes a blind turn and causes a motor vehicle accident but claims he or she could not see is not going to escape liability.  The law provides that a driver who cannot see should not move forward until it is safe to do so.  This is also common sense.  A common example when this excuse is given is when there are double-parked or a truck blocking a view.  The defendant will attempt to go around and cause a collision.  The excuse “I didn’t see you” does not work because the defendant is moving without being able to safely do so and unable to see where he or she is going.  It is also true that the defendant is not being forced to go forward or to go around the other vehicles.  Even an illegally parked vehicle will not allow a defendant to completely escape liability.

“I Didn’t See You” in Inclement Weather Does Not Work

New Mexico has a lot of very serious dust storms which can cause complete blindness for motorists on the roadway.  In this situation, a motorist must slow down as reasonable under the circumstances to ensure he or she can move forward safely.  This may include pulling over and completely stopping until the dust storm has passed.  Drivers who attempt to continue forward without being able to see and cause a motor vehicle accident are going to be found to be negligent.

Excuses for Causing New Mexico Car Accidents Will Rarely Work, and “I Didn’t See You” is Not a Good Excuse

If you or a loved one has been injured in a motor vehicle accident, 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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