New Mexico Car Accidents Caused by Cars Pulling Out of Private Driveways


October 20, 2016

 by Caruso Law Offices, P.C. | 

Drivers Pulling Out of Private Driveways Must Yield to All Other Vehicles and are Negligent for Causing New Mexico Car Accidents if they Failed to Do So

There are a lot of hazards on or around the roadway which can result in serious personal injuries if there is a collision.  This includes pedestrians, car doors opening, animals, and other cars darting out of driveways.  Another car pulling out of a private driveway is particularly dangerous situation because it effectively places a wall in front of oncoming traffic.  This will result in a head-on collision, which is a very dangerous type of collision.

Here at the Mark Caruso we know that New Mexico car accident occurring because a negligent driver pulled out of a private driveway can be very frustrating.  This type of accident can almost be indefensible as a driver and cause very serious Personal injuries to you and your loved ones.  Learn how we can protect your rights by calling for a FREE case evaluation by dialing (505) 407-0458.

New Mexico Law Requires Drivers Pulling out of Private Driveways to Yield to All Other Traffic

Under New Mexico Law, NM Stat. 66-7-331 provides that “[t]he driver of a vehicle about to enter of [or] cross a highway from a private road or driveway shall yield the right-of-way to all vehicles approaching on said highway.”  Additionally, NM Stat. 66-7-324 that “[n]o person shall start a vehicle which is stopped, standing or parked unless and until such movement can be made with reasonably safety.”

These two statutes place obligations on motorists leaving a private driveway and require them to always yield to the other vehicles on the roadway.  If the car is parked and leaving a private driveway, a motorist can only leave when it is safe to do so.

Violations of New Mexico Statutes Are Negligence Per Se

If a motorist violates either statute above by pulling out of a private driveway and causing a New Mexico car accident, it is very likely the defendant will be negligent per se.  Under the negligent per se doctrine, a defendant will be found automatically negligent for the violation of a statute if the statute is meant to prevent against the harm which occurred and if the victim was the type of person the statute meant to protect.

Both statutes are meant to prevent against injuries from motor vehicle accidents.  The victim to be protected by the statute would be any person on or near the roadway.  Therefore in this situation, the violated statutes would likely result in a finding of negligent per se against the defendant finding him or her automatically negligent under this useful doctrine for plaintiffs.

Violations of New Mexico Statutes Can Be Negligence Per Se

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 our Attorney (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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