Drugged Driving is More Likely the Cause of a New Mexico Motor Vehicle Accident Than Drunk Driving, According to New Study
We all know that drunk driving is a very serious danger to people on or new the roads. But according to a new study and report, “drugged driving,” or driving while under the influence of drugs, is more common than drunk driving. The report studied the deaths of motorists in motor vehicle accidents throughout the country, and found that 43% of deceased motorists had drugs in their system. Whereas 38% of deceased motorists had alcohol in their system. This is the first time that drugged driving was found to be more prevalent than drunk driving.
Here at the Mark Caruso, we know that driving under the influence of anything is incredibly dangerous for all on or near the roadway. Our experienced New Mexico car accident attorneys have represented victims of serious and fatal motor vehicle accidents caused by intoxicated drivers on both drugs or alcohol. Call us today for a FREE consultation by dialing (505) 883-5000 to learn how we can protect your rights to compensation.
Drugged Driving or Drunk Driving is Against the Law in New Mexico
Under New Mexico law, NM Stat. 66-8-102 makes it “unlawful for a person who is under the influence of intoxicating liquor to drive a vehicle within this state.” It is further “illegal for a person who is under the influence of any drug to a degree that renders the person incapable of safety driving a vehicle to drive a vehicle in this state.” Violating this statute and causing a motor vehicle accident will render a defendant negligent per se, or automatically negligent for the violation of the statute.
Additionally, under the common law, or judge-made law, driving while ability impaired by drugs or alcohol and causing a motor vehicle accident is also negligent. This is because drivers owe a duty of care to others on or near the roadway to drive sober. When a driver breaches that duty and drives while under the influence of drugs or alcohol and causes a motor vehicle accident, he or she will be found negligent.
Truck Drivers are Likely to Use Drugs While Driving and Cause New Mexico Trucking Accidents
With trucking, time is money. The faster a shipment can be made, the faster a trucking company and truck driver can make money. This almost coerces truck drivers into cheating sleep to drive more and deliver more to make more money. Many truck drivers, unfortunately, turn to controlled substances and drugs to help them stay awake. Infamously would be speed or cocaine, which are stimulants.
However, the FCMSA has regulations which apply throughout the United States and prohibit this conduct. Under section 392.4, no driver is permitted to operate a commercial vehicle while in possession of or under the influence of certain drugs, kindling speed and cocaine, as well as any other drug which may render a driver incapable of safely operating a commercial vehicle.
Additionally, section 392.5 prohibits the use of alcohol while operating a motor vehicle or being under the influence of alcohol.
As noted above, violations here are against the common law. A violation of the regulation which causes a New Mexico trucking accident is not automatically negligence like the violation of a statute, but it is evidence of negligence which can help prove your case.
Drugged Driving and Drunk Driving Cause New Mexico Trucking Accidents, and Are Dangerous!
If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico car accident attorneys at the Mark Caruso today by dialing (505) 883-5000 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.