We all know that texting while driving is very dangerous. The statistics back up this notion. For instance, almost 3,500 lives are lost and almost 400,000 people injured in distracted driving motor vehicle accidents. Cell phone use accounts for 26% of all motor vehicle accidents. The reason why texting while driving is so significant is it takes you eyes off the road, hand off the wheel, and mind off of driving. This creates a very dangerous combination. When the driver who is texting is operating a large commercial vehicle such as an 18 wheeler, semi tractor trailer, tandem trailer, box truck, or other large commercial vehicle, it can result in significant New Mexico trucking accident. They can also be FMCSA regularity or New Mexico statutory violations.
Here at the NM Truck Accident Attorneys, our experienced Albuquerque trucking accident lawyer has represented victims of some of the most catastrophic big rig wrecks throughout the state against some of the largest trucking companies in the country like J.B. Hunt, UPS, FedEx, Schneider National, and many more. We have knowledge of the law and medicine necessary to ensure that a judge or jury know what happened to you was wrong and what compensation you are entitled to for your injuries. Call us today for a FREE consultation b dialing (505) 883-5000 to meet with one of our lawyers.
When a person of a New Mexico trucking accident has been injured due to a truck driver texting while driving, the person may be able to use regulatory and statutory violations as a way of proving negligence. While regulatory violations are evidence of negligence, a statutory violation is an automatic finding of negligence allowing an injured person to focus on damages and causation more than liability.
Under 49 CFR section 392.82, no truck driver shall text while driving and no trucking company shall allow or require truck driver to text while driving. If either the truck driver is texting while driving, or the trucking company is requiring the driver to text to communicate or allows it, both may be liable for a trucking accident. This is evidence of negligence and important to use against a defendant.
Under New Mexico Law, NM Stat. 66-7-374, subdivision (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 . . . .” Subdivision (C) (1) defines “driving” 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 . . . .” A violation here is negligence per se, and automatic.
If a truck driver was texting while driving and caused your New Mexico trucking accident, experienced New Mexico truck accident attorneys at the NM Truck Accident Attorneys 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.