Speeding Driver Caused New Mexico Car Accident


July 6, 2016

 by Caruso Law Offices, P.C. | 

New Mexico Car Accidents Caused by Excessive Speed Can Result in Serious Personal Injuries 

Speed kills.  It is well known that motorists who drive too fast are more likely to be involved in a motor vehicle accident.  Speed reduces a motorist’s reaction time but increased the amount of time a motor vehicle takes to brake.  This is a deadly combination and a recipe for serious personal injuries due to devastating car accidents.

If you or a loved one has been seriously injured or killed in a New Mexico car accident caused by a speeding motorist, contact the experienced New Mexico car accident attorneys at the Mark Caruso by calling (505) 308-1556.  Our attorneys know how dangerous excessive speed, and we have handled many motor vehicle accidents caused by a speeding defendant.  A victim of a car accident caused by a speeding driver may be entitled to compensation for his or her injuries.

Liability in Speeding New Mexico Car Accidents 

There are two theories of liability which would render a defendant who caused a car accident because he or she was speeding liable.  The first is under a theory of common law negligence.  This is judge made law, meaning it has evolved over the decades of jurisprudence.  Negligence is where a defendant owes a duty of care to another, breaches that duty, and such breach causes damage to another.  When a motorist speeds and causes a car accident, he or she has breached his or her duty of care and may be liable for any injuries caused by the car accident.

In addition to imposing liability under common law, or judge made law, a defendant who causes a car accident due to speeding may also be negligence per se.  The doctrine of negligence per se finds a defendant negligent as a matter of law, that is automatically, if he or she violates a statute can causes a car accident.  The statute must be designed to prevent against a certain harm and protect a class of persons.

Under New Mexico law, NM Stat. 66-7-301 is the statute that prevents against car accidents caused by excessive speed and protects other motorists.  This section of law provides under subdivision (d) the following:

“In every event, speed shall be so controlled by the driver as may be necessary: (1) to avoid colliding with a person, vehicle or other conveyance on or entering the highway; (2) to comply with legal requirements as may be established by the state highway and transportation department or the New Mexico state police division of department of public safety and the duty of all persons to use due car . . . .”

Therefore, if a defendant collides with another vehicle due to his or her speed, he may be negligent under the common law and under the doctrine of negligence per se under the first subsection.  This includes if the defendant is driving under the speed limit.  Additionally, if a defendant is speeding above the speed limits, he or she may also be liable under the common law and doctrine of negligent per se under the second subsection.

Contact an Experienced New Mexico Car Accident Attorney If You Have Been Injured in a Car Accident Caused by a Speeding Defendant

If you or a loved one has been injured in a New Mexico car accident caused by excessive speed, call the experienced New Mexico car 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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