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  • New Mexico Trucking Accidents Caused by Texting While Driving

    by Mark Caruso | 2016-11-03 | Firm News

  • Texting While Driving is Both Illegal and Incredibly Dangerous: New Mexico Trucking Accidents Caused by Drivers Texting is Downright Negligent

    We all know that large tractor trailers are very dangerous vehicles on the roadway.  They are large, heavy, and move fast on highways giving them a lot of momentum and force.  The only thing scarier than this is the fact that sometimes tractor trailer truck drivers take their eyes off the road to text on their phones.  This ends up turning the tractor trailer into an unguided missile traveling at a high speed.  When this blind battering ram hits something, such as a smaller passenger vehicle, the results are devastating.

    If you or a loved one have been seriously injured or killed in a New Mexico trucking accident caused by a truck driver texting while driving, contact the experienced New Mexico trucking accident attorneys at the Mark Caruso for a FREE consultation by dialing (505) 883-5000.  We have the experience necessary to know how to thoroughly investigate your claim and determine whether the truck driver was texting at the time of your accident.  This is not east to do, and many cell phone carriers will refuse to comply with subpoenas and requests for cellular data from lesser experienced attorneys or pro se victims.  They will not do this to our attorneys and they do not stand a chance in hiding relevant evidence.  Ensure your rights are protected and call us today!

    New Mexico Law Prohibits Texting While Driving

    The common law, or judge-made law which has evolved for decades of interpretation, provides that a driver shall operate his or her motor vehicle with reasonable care under the circumstances which includes not texting while driving.

    Similarly, it is also statutory, or legislature-made law, which prohibits texting while driving.  Specifically, under NM Stat. 66-7-374, subdivision (A) provides that “[a] personal 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 . . . .”

    Therefore, a truck driver who is texting while driving is violating both the common law standard and the statutory standard.  If the truck driver causes a New Mexico trucking accident which results in personal injuries to a victim, the trucker driver will be negligent.  Such finding is under both the common law standard, but also under the statutory standard under the doctrine of negligent per se.

    Under this doctrine of negligence per se, a defendant is automatically negligent for causing the type of accident protected by the statute and causing a certain type of harm to a certain group of people that that statute was meant to protect.  In a trucking accident caused by texting while driving, a defendant may very likely be found automatically negligent.

    Texting While Driving is Dangerous, and Illegal—Call Us if You Have Been Hurt by a Truck Driver Texting While Driving

    If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico truck 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.