One of the most significant and catastrophic types of auto accidents are high speed collisions. This is because high speed collisions result in significant force and momentum. This force is dispersed through the vehicles causing the metal of a car to twist or break. This force is also dispersed into occupants, resulting in broken bones, ruptured organs, and other severe damages. If you have been seriously injured in a high speed collision, our Albuquerque auto accident lawyer can explain what your rights are when the other driver was speeding or driving above the speed limit.
Here at the Mark Caruso, our experienced Albuquerque auto accident lawyer knows that excessive speed is a common and very serious cause of catastrophic motor vehicle accidents. Our staff is trained and has experience handling these types of cases and the commonly caused injuries, including traumatic brain injuries, spinal cord injuries, broken bones, ruptured organs, and many other types of injuries. If you have been seriously injured in a New Mexico auto accident, please call us to schedule a FREE consultation by dialing (505) 883-5000.
Under New Mexico common law, all motorists must use reasonable care under the circumstances in the use and operation of their motor vehicle. The common law is judge-made law which is developed over decades of judicial decision-making premised on the consensus of the public. This is an important part of law which can be used to determine when a defendant is negligent. Negligence is when there is a duty owed by defendant to the plaintiff, who breaches that duty and such breach causes damages to the plaintiff. That duty is what a reasonable person, or a reasonable member of society, would do in similar circumstances.
Thus, if a defendant is driving above the speed limit and causes a serious New Mexico auto accident, that defendant could be liable for negligence based on the common law principle.
But there is also another cause of action for statutory violations. This is because there is NM stat. section 66-7-301, wherein subdivision (d) provides that “[i]n 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 . . . .”
If a defendant fails to comply with the statute and causes a catastrophic auto accident resulting in permanent injuries or wrongful death, a victim may be entitled to compensation. Using the violation of this statute can help establish liability automatically. This is because of the doctrine of negligence per se, which finds that the violation of a statute meant to protect a plaintiff who is injured by that violation will be able to hold the defendant automatically liable for the crash. This is a very important and useful tool against drivers who are speeding and cause auto accidents.
If you have suffered a very serious injury from a New Mexico auto accident, please call our Albuquerque auto accident lawyer 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.