Negligent Overtaking and Passing Causing an Albuquerque Motor Vehicle Accident


May 20, 2016

 by Caruso Law Offices, P.C. | 

Albuquerque Motor Vehicle Accidents Caused by Improper Overtaking or Passing

Overtaking or passing another motor vehicle on the left is one of the most dangerous maneuvers that a motorist can make. Essentially, a motorist is driving into the oncoming lane to pass another vehicle. While there are many stretches of road which permit overtaking or passing on the left, this is still a very risky proposition. Collisions caused by improper or negligent overtaking or passing on the left can be absolutely catastrophic, particularly when the collision is with an oncoming vehicle or with a tractor trailer truck, semi, or other large truck.

If you or a loved one were seriously injured or killed in a motor vehicle accidents caused by a motorist improperly or negligently overtaking or passing another vehicle on the left, contact the experienced Albuquerque motor vehicle accident attorneys at the Mark Caruso for a FREE case evaluation by calling (505) 308-1556. We understand how dangerous these types of collision can be, and we will fight for your right to the compensation you desire.

Albuquerque Motor Vehicle Accident Attorney Explains What Happens When a Motorist Fails to Make a “Safe” Overtaking or Passing on the Left

All motorist on the roadway owe others on or near the roadway a duty of reasonable care. When this duty is breached and caused personal injuries, that motorist may be found negligent. When a motorist attempts to overtake or pass on the left and fails to safely do so, this is generally a negligent act. Any other individual injured or killed as a result of this negligent overtaking or passing on the left may be entitled to compensation.

Similarly, an attempt to overtake or pass on the left which fails and results in a serious motor vehicle accident may be negligent as a matter of law. Under NM Stat. 66-7-310 (a), “the driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right of the roadway until safely clear of the overtaken vehicle[.]” (emphasis added.)

Therefore, if an overtaking or passing on the left is done not safe, and it results in a motor vehicle accident causing personal injuries, the motorist attempting to overtake may be negligent as a matter of law under the doctrine of negligence per se. This doctrine prescribes that a tortfeasor is negligent as a matter of law when the injury causing act was intended to be prohibited by law, and the injured individual(s) is the class of persons intended to be protected by the law. In this case, the New Mexico Law intends to protect all motorists from unsafe overtaking or passing on the right. Any accident as a result will likely bring a finding of negligence per se.

Contact an Experienced Albuquerque Motor Vehicle Accident Attorney

If you or a loved one has been injured or killed in an Albuquerque motor vehicle accident, call the experienced Albuquerque motor vehicle accident attorneys at the Mark Caruso today by dialing (505) 308-1556 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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