Texting While Driving: Injured in New Mexico Car Accident Caused by Driver Texting


August 11, 2016

 by Caruso Law Offices, P.C. | 

Victims Injured in a New Mexico Car Accident Caused by a Defendant Texting While Driving May be Entitled to Compensation

We all know that texting while driving is very dangerous.  In recent years, this has become a more prolific problem and organizations such as End Distracting Driving have created aggressive campaigns to raise awareness.  This is because driving while texting pulls a driver’s attention away from driving, a hand away from the steering wheel, and a driver’s eyes off the road.  Essentially, this causes a motor vehicle to become an unguided missile on the road which can cause serious injuries to all on or around the road.

If you or a loved one have been seriously injured or killed by a driver texting while driving, contact the experienced New Mexico car accident attorneys at the Mark Caruso to learn about your rights.  Our attorneys know how deadly distract driving can be, and the physical, emotional, and financial burdens a car accident can place on a person and his or her family.  We will help ease those burdens while you focus on your recovery.  Contact us today for a FREE case evaluation by calling (505) 407-0458!

Texting While Driving is Illegal in Many States, Including New Mexico!

While it is a known danger, texting while driving has only recently become illegal in most states.  New Mexico’s legislature has enacted laws prohibiting texting while driving.  Under New Mexico Stat. 66-7-374, subdivision (a) provides that “[a] person shall not read or view a text message or manually type on a handheld mobile communication device for any purpose while driving a motor vehicle, except to summon medical or other emergency help . . . .“

Subdivision (c) defines “driving” as “being in actual physical control of a motor vehicle on a highway or street including being temporarily stopped because of traffic, a traffic light, or stop sign or otherwise . . . .”  However, this does not include pulling off to the side of the road or off an active roadway.

If Another Driver Violates New Mexico Law, He or She May be Negligent Per Se

Although texting while driving could result in a finding of negligence under the common law (judge made law), an experienced New Mexico car accident attorney knows how to apply the doctrine of negligence per se against a defendant.

The doctrine of negligence per se allows an injured plaintiff to hold a defendant automatically negligence by violating a statute, causing a harm meant to be protected by the statute (i.e., injuries from car accidents), and causing such harm to a person protected by the statute (i.e., other people on or off the roadway).

A defendant who causes a motor vehicle accident because he or she was texting while driving would likely be negligent per se for any damages he or she caused.

Injured in a New Mexico Car Accident Caused by a Driver Texting, Call Us Today!

If you or a loved one has been injured in a motor vehicle accident caused by a person texting while driving, call the experienced New Mexico car accident attorneys at the Mark Caruso today by dialing (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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