Snow and Ice Causing New Mexico Auto Accidents


December 17, 2018

 by Caruso Law Offices, P.C. | 

Snow and Ice Resulting in New Mexico Auto Accidents: What Happens?

While December in New Mexico does not mean piles of snow and ice like in the northeast, it does mean that the weather will drop into potentially freezing weather.  This is particularly true of the next week’s forecast, where the overnight temperatures will drop below freezing and even into the low 20s.  This has the potential to cause a sheen of ice, which could create serious New Mexico auto accidents.  While snow and ice car crashes are rarer in New Mexico, they still occur and they can result in horrific personal injuries.

Here at the Mark Caruso, our experienced Albuquerque auto accident lawyer knows that snow and ice in New Mexico can result in deadly car crashes.  While there are a lot less snow and ice motor vehicle accidents in New Mexico than in other states like New York, liability is similar and victims are entitled to compensation for their injuries.  To learn more how we can help you and your family, please call (505) 308-1556 to schedule a FREE appointment.

Snow and Ice Auto Accident Liability in New Mexico

No matter what the weather conditions are, the general rule is that the operator of a motor vehicle must use reasonable care under the circumstances in the use and operation of his or her motor vehicle.  This means that motorists need to exercise a reasonable degree of care that a reasonably prudent person under like circumstances would.  This standard may sound a little nebulous, and it is quite broad, but it is very important and flexible because it applies to cases on almost a case-by-case basis.  

This standard is what has evolved from judge-made law known as common law, and is reflected of the societal values and beliefs at the time it is made.  This also reflects what a jury comprised of citizens would do.  Thus, when a driver has not exercised reasonable care on a roadway covered by snow and ice which results in a motor vehicle accident, it could be due to negligence.

In addition to the common law, there is legislatively made law which exists in the statutory code.  If a motorist violates a statute which is meant to protect the victim, it could make the violator automatically liable under the doctrine of negligence per se.  This means that the violation of a statute is an automatic finding of negligence.

Specifically with snow and ice on the roadway, NM Stat. section 66-7-301 (B) (1) provides that “[i]n every event, speed shall be so controlled by the driver as may be necessary to avoid colliding with a person, vehicle or other conveyance on or entering the highway.”  This section has been interpreted to usurp or otherwise control the speed limits posted by law.  Meaning that if the speed limit is 45 mph but the roadway is very slippery due to snow and ice, that motorist must slow down as necessary to avoid a collision.

Victims of a Snow and Ice Motor Vehicle Accident Should Call Our Law Firm

While rare, snow and ice auto accidents can result in serious personal injuries or wrongful death.  Victims should call our Albuquerque auto accident lawyer to learn how we can help.  We handle cases throughout New Mexico, including in Lordsburg, Albuquerque, Las Cruces, Santa Fe, Roswell, or anywhere else. Call the Mark Caruso by dialing (505) 308-1556 to learn how we can help.  You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

free consultation

Please fill out this form and send it and we will quickly reach back out to you with answers.

Call to arrange a no-pressure confidential and FREE consultation with an experienced New Mexico personal injury attorney

Our New Mexico truck accident attorneys are aggressive, result-focused advocates for injured victims. Your free consultation is always with an attorney, not a paralegal. We handle truck accident cases throughout the entire state of New Mexico and all pueblos and reservations in New Mexico.

Get a free consultation by phone, at our office, your home, the hospital or other location. We travel the state representing clients, so we can meet you anywhere in New Mexico


Learn more about how our dedication to results can benefit you. Start with a free initial consultation.
California Ontario Albuquerque Alamogordo Belen Bernalillo Carlsbad Cibola County Clovis Deming Farmington Gallup Grants Hobbs Las Cruces Las Vegas Los Lunas Lovington Moriarty Rio Rancho Roswell Sandoval County Santa Fe Silver City Torrance County Valencia

Copyright © 2023 Caruso Law Offices, P.C. | All Rights Reserved | HTML Sitemap | XML Sitemap | Privacy Policy | Terms & Conditions

Powered by: