Rear End Accident Due to Distracted Driving in New Mexico


January 26, 2021

 by Caruso Law Offices, P.C. | 

Learn Your Rights After Your Rear End Accidents Due to Distracted Driving in New Mexico

It is well known that the most common type of motor vehicle accidents are rear end collisions. Often times, rear end collisions are minor with just the tap of someone else’s bumper, but this is not always the case. Rear end collisions can cause a great deal of pain (physical and emotional) as well as financial burden for the victim and their family. A common cause of rear end accidents is distracted driving.These types of accidents are completely avoidable if the person maintains their focus on the road while operating their car, truck, or other vehicle. This type of accident is especially dangerous if the distracted person who hits another driver is driving a semi-tractor trailer. In fact, a rear end accident due to distracted driving in New Mexico is a frequent combination.

What is Distracted Driving?

Distracted driving is when the driver is occupied with something else besides maintaining their focus on driving. This is completely unacceptable for any driver, especially a person that is driving professionally (i.e semi-tractor trailer operator). Our New Mexico rear end accident lawyers understand how dangerous and preventable these accidents can be. Examples of distracted driving include the following:

Drinking or eating
Reading bulletin boards or other things on the road while driving
Using a map
Reading a book
Applying makeup
Reaching for something dropped on the floor of the vehicle
Playing with a pet in the vehicle
Playing with the radio

Liability for Rear End Accidents Due to Distracted Driving

In general, rear accident collisions are easier to prove liability than some other cases. When distracted driving is able to be proven as well (i.e. record of texts on their cell phone at the time of the accident), it is very clear who the liable person is. The victim in most cases will only have to prove damages and causation, unless the driver of the vehicle who hit the other vehicle is able to establish a non-negligent reason for the accident.

New Mexico Statutes regarding distracted driving as well as rear end accidents include the following:

NM Stat. section 66-8-114: This section states “[a]ny person operating a vehicle on the highway shall give his full time and entire attention to the operation of the vehicle.”

NM Stat Section 66-7-318: This section governs following too closely and is the applicable section of law in rear end collision cases in New Mexico. This section clearly provides under subdivision (A) that “[t]he driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.”

Collectively, these New Mexico Statutes describe the liability imposed on an individual who chooses to take part in these unlawful acts.

Injured in a Rear End Accident Due to Distracted Driving? We Can Help

Our experienced Albuquerque auto accident lawyers at the Caruso Law Offices, P.C. understand how frustrating it can be when you or a loved one suffer serious personal injuries due to a distracted driver. Distracted driving is a very serious problem that causes far too many personal injuries and wrongful deaths each year. Learn how our compassionate lawyers can help protect your rights to compensation during a FREE consultation by dialing (505) 273-2978.

We handle causes throughout New Mexico, including Las Cruces, Santa Fe, Roswell, Cuervo, Rio Rancho, Clovis, Farmington, Hobbs, Albuquerque where our office is located, and anywhere else throughout New Mexico. Please call to schedule for FREE appointment by dialing (505) 273-2978 or contact us through our website’s easy to use and convenient contact box available here.

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Nothing can financially and emotionally prepare us for the injuries and suffering after a severe accident. Feeling overwhelmed, confused, and powerless in such a situation is normal, particularly if you are undergoing treatment.

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