New Mexico Car Accidents Increased During Holiday Weekends Because of Alcohol
Easter weekend is a very religious time and not normally associated with alcohol consumption, but it is still a weekend where people get together and celebrate, catch up, and enjoy food and drink. It is inevitable that alcohol will be consumed, and even during the day at Easter brunches with family. This means people may be operating their motor vehicle intoxicated during the peak hours of the day. With the increased holiday travel due to people commuting, thus putting more people on the roadway, this is a recipe for a serious New Mexico car accident caused by alcohol.
Here at the Mark Caruso, we understand that victims of a New Mexico car accident caused by alcohol are going to be frustrated with the other driver’s extreme negligence. We know many drunk driving accidents result in serious personal injuries and even the wrongful death of victims, while most drunk drivers seem to always walk away without a scratch. If you or a loved one have been serious injured due to a drunk driver, call our experienced New Mexico car accident attorneys by dialing (505) 883-5000 to learn how we can protect your rights to compensation and ensure you get the maximum amount you deserve.
Drunk Driving is Not Only Dangerous, but it is Illegal
Under NM Stat. 66-8-102, it is illegal to operate a motor vehicle while under the influence of alcohol under these conditions:
- if you are driving a commercial vehicle like a tractor trailer, it is illegal to drive with a blood alcohol concentration of .04 or more;
- if you are under 21 years old, it is illegal to drive with a blood alcohol concentration of .02 or more; and
- if you are over 21 years old, it is illegal to drive with a blood alcohol concentration of .08.
It is also illegal under the common law, or judge-made law, which finds that a driver who operates a motor vehicle with an impaired ability due to intoxication may be liable for the damages he or she proximately causes. This is because each driver must operate his or her vehicle as a reasonably prudent person under the circumstances as another driver, which includes not causing personal injuries due to collisions.
Where a motorist violates the New Mexico statute, he or she is likely to be negligent per se which means he will be found to be automatically negligent. This helps an injured victim prove liability and win the case.
Truck Drivers Can Also Not Have Any Alcohol, but May be Impaired
New Mexico trucking accidents can be caused by alcohol too. This is because truck drivers may be away from family and friends, causing some depression, and decide to drink before or even during their shift. Since Easter is on a Sunday, some other truck drivers may even drink excessive on Sunday and not be legally allowed to drive on Monday when they return back to work. They may not only be still intoxicated, but also too close to their service hours.
This is governed by the Federal Motor Carrier Safety Administration’s regulations as provided for in this link. While a violation of one of these federal regulations is not automatically negligence, it is evidence of negligence which you can use to help prove your case. Coupled with the New Mexico statutes, a truck driver who causes a New Mexico trucking accident will very likely be liable for the accident.
Alcohol related Easter Accidents Can Result in Serious Injuries and Wrongful Death
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.