Rights and Liability When Texting While Driving Harms You: Distracted Driving Accident Lawyer in New Mexico Explains
There are many causes of a motor vehicle accident. Many of these causes are completely avoidable due to the negligence of a driver. Drivers who engaged in negligent conduct and cause personal injuries could be liable for their actions. There are many possible causes of these types of crashes, with some of the most common being due to distracted driving. Indeed, texting while driving is a huge problem and major cause of preventable motor vehicle accidents. If you or a loved one were seriously injured by a driver texting while driving, call our distracted driver accident lawyer in New Mexico for help. We can ensure that your rights to compensation are well-protected.
Here at the Caruso Law Offices, P.C., our experienced Albuquerque distracted driving accident lawyer in New Mexico can recover the compensation you deserve for medical bills, lost wages, and for conscious pain and suffering. We offer FREE consultations and will work with your treating physicians to help prove your claim. We may also hire leading experts to help establish your damages further and prove liability. If you or a loved one were seriously injured, call our experienced lawyers to learn how we can help you today during a FREE consultation.
Texting While Driving is Illegal in New Mexico
Most states have enacted texting while driving laws, and New Mexico is one of them. Under New Mexico Statute section 66-7-374, subsection (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 call for help in an emergency situation.
A driver who is reading text messages or sending them while driving is violating the motor vehicles code in New Mexico. It does not matter if the driver is licensed in New Mexico or just driving through, no driver can text while drive. This includes drivers of large commercial vehicles such as big rigs, tankers, and other semi-tractor trailers. Drivers who text while drive and cause an accident a violating this law.
Liability for Texting While Driving in New Mexico
Individuals who are texting while driving and cause a serious trucking wreck in New Mexico or car accident in New Mexico may be liable under two grounds:
Negligence for Texting While Driving
A defendant who is negligence if a defendant who fails to exercise reasonable care under the circumstances in the use or operation of a motor vehicle. This failure exposes others to a preventable risk of harm. When this preventable risk of harms causes serious injury or death, a defendant could be liable.
Texting while driving is almost always unreasonable and negligent. Individuals who are texting while driving and cause a serious accident may be liable to victims.
Negligence Per Se
The violation of a traffic offense which is meant to protect an individual from a certain harm could result in an automatic finding of negligence due to the doctrine of negligence per se. This doctrine allows a victim to use the violation of a traffic offense as grounds to hold liability. Therefore, the violation of section 66-7-374 is a strong tool for a lawyer to use to help prove a claim in New Mexico.
Injured in a Texting While Driving Accident? Call Our Experienced Distracted Driving Lawyer in New Mexico
The Caruso Law Offices, P.C. handles all types of catastrophic personal injuries cases, including those involving a driver who is texting while operating a motor vehicle. If you or a loved one were injured in a texting while driving accident, call our experienced Albuquerque distracting driving accident lawyers in New Mexico for a FREE consultation by dialing (505) 883-5000 to schedule your FREE consultation. We can help establish who is liable in a commercial trucking accident to recover the compensation that you deserve.
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) 883-5000 or contact us through our website’s easy to use and convenient contact box available here.