We all know that texting while driving is a very dangerous. But how dangerous? According to statistics, almost 3,500 people were killed and about 481,000 people injured in the last year of data. This is a massive amount of people wrongful killed and injured by a very preventable cause of New Mexico car accidents. Not only is this dangerous and preventable, thus negligence under the common law or judge-made law, but it is also illegal and against New Mexico statutory law, or legislatively-made law.
If you or a loved one have been seriously injured or if you lost a loved one due to a texting while driving auto accident, please call the Mark Caruso to learn how we can help you by dialing (505) 883-5000. We offer a FREE consultation to meet with our experienced Albuquerque car accident lawyer to learn what your rights to compensation may be under New Mexico law.
Not only is texting while driving potentially a negligent mistake, it is also illegal. Under NM 66-7-374, “[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 or unless that device is an amateur radio and the driver holds a valid amateur radio operator license issued by the federal communications commission.”
It is important to further note that “driving” is defined under section 66-7-374, as “being in actual physical control of a motor vehicle on a highway or street and includes being temporarily stopped because of traffic, a traffic light or stop sign or otherwise, but ‘driving’ excludes operating a motor vehicle when the vehicle has pulled over to the side of or off of an active roadway and has stopped at a location in which it can safely remain stationary[.]”
Victims of New Mexico car accidents who were injured by a defendant who was texting while driving may be able to use the violation of New Mexico statutory law to their advantage. This is because of the doctrine of negligence per se. Under this legal doctrine, a victim who is injured by a statutory violation which is aimed to protect the victim from harm may be able to automatically establish the defendant was negligence. This allows a victim to immediately establish liability and just focus on damages.
When another driver is texting while driving and causes a serious New Mexico car accident, contact our experienced Albuquerque trucking accident lawyers at the Mark Caruso You may call us for a FREE consultation by dialing (505) 883-5000, or you can also contact us on our website through the easy to use and convenient Contact box located by clicking here.