Interstate Albuquerque Trucking Accidents Caused by Texting While Driving


January 24, 2017

 by Caruso Law Offices, P.C. | 

Interstate 25 and Interstate 40 Trucking Accidents Near Albuquerque, New Mexico Caused by Texting While Driving Can be Deadly and Violate Federal Law

Technology has improved almost all facets of our lives.  Cell phones specifically have provided more than just convenience, but also safety in the ability to call for help in remote locations.  But one area where technology and cell phones has not improved out lives is driving.  Using a cell phone while driving is dangerous and deadly.  According to statistics, distracted driving caused by cell phones while driving causes over 3,000 deaths and over 431,000 injuries each year.  This is an unacceptable number of causalities by a very preventable cause.  This is just negligence.

One of the most dangerous vehicles to be driving while texting is a large commercial truck such as a tractor trailer, tanker, flatbed, tandem, big rig, 18-wheeler, or other large truck.  These vehicles can become unguided missiles launched forward at whatever they hit—which is usually a smaller, passenger vehicle.  This is particularly dangerous on highways, such as Interstate 25 or Interstate 40 which go through Albuquerque, New Mexico.  Unfortunately, when a large truck collides with a small vehicle on the interstate, it will cause catastrophic injuries if not death to the occupants of the smaller vehicle in an Albuquerque trucking accident.

New Mexico Law Makes it Illegal to Text While Driving

Under New Mexico Law, NM Stat. 66-7-374, subdivision (A) provides that “[a] personal 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 . . . .”  Subdivision (C) (1) defines “driving” as “being in actual physical control of a motor vehicle on a highway or street and includes being temporarily stopped because of traffic, a traffic light, or stop sign or otherwise . . . .”

When a driver texts while driving anyway and causes an Albuquerque trucking accident, it can be negligence per se.  This means that a violation of a statute meant to protect people from a certain harm can automatically be a finding of negligence against the violator.  Here, it would be the truck driver texting while driving hurting innocent people in trucking accidents.

In addition, common law finds that drivers who text while operating a motor vehicle and cause an accident could be negligent.  This is because all drivers owe a duty to others on or near a roadway to use reasonable care under the circumstances as a reasonably prudent driver.  If a driver fails to do that and causes a motor vehicle accident, the driver breaches that duty and is liable for all damages caused by that breach.

The Federal Motor Carrier Safety Regulations Prohibit Texting While Driving a Commercial Truck

Under 49 CFR section 392.82, no driver of a commercial truck shall engage in texting while driving.  Further, no trucking company or motor carrier shall allow or require its drivers to engage in texting while driving.  These creates liability against both the truck driver and the trucking company.  The only exception is in the course of an emergency to summon police or help.

Like the statutory law, a violation of the CFR—which is a federal regulation which applies to all truck traveling on interstates—a truck driver violating this statute and causing a motor vehicle accident can be liable under the theory of negligence per se for Interstate 25 or Interstate 40 trucking accidents around Albuquerque, New Mexico.

Interstate 25 or Interstate 40 Trucking Accidents Caused by Texting While Driving Violate the CFR and New Mexico Law 

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico truck 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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