Rear End Crash on an Icy Road

Understanding Liability in a Rear End Crash on an Icy Road in New Mexico

Icy and snow conditions have frozen parts of Texas, including El Paso near our border in New Mexico.  News reports have provided over 200 crashes in about a 24 hour period.  Many of these crashes have resulted in some personal injuries, including some fatalities.  Earlier this week we reported on these crashes, including on on our side of the border on I-40 in Grant County where a 36-year-old passenger was wrongfully killed in a tractor trailer accident.  News reports that Zhang Wenbo of Chino Hills, California, passed away when the truck driven by another driver rolled over and caused injuries resulting in his death.  Many other individuals had a rear end crash on an icy road in New Mexico as well, some also bringing about serious injury or fatal damages.

Here at the Caruso Law Offices, P.C., we know just how serious these accidents can be.  Our experienced auto accident lawyers in Albuquerque, NM have handled many types of rear end collisions, including those on icy roads or in snowy conditions.  Although it is not common in New Mexico, these conditions do pose a real risk of serious injuries.  Many people do suffer from these accidents, including the entire family who may have a loved one injured, killed, and also lose that loved one’s income support.  

Liability in a Rear End Crash on an Icy Road

When you or a loved one are injured on an icy road in New Mexico, you have rights under the law.  You may be entitled to compensation for a variety of legal principles.  Some may be through statutes, others may be through common law (or judge-made law).  

When it comes to an auto accident on icy roads, you may able to prove liability in one of two ways.  The first way is through NM Stat. section 66-7-301 (b) (1) which provides that “[i]n every event, speed shall be so controlled by the driver as may be necessary to avoid colliding with a person, vehicle or other conveyance on or entering the highway.”  If the road is icy and snowy, a driver that cannot stop in time before hitting another vehicle could be liable under New Mexico law for a collision.  This statute would be violated and an injured plaintiff could prove his or her case.

In addition, when a rear end crash on an icy road occurs in New Mexico, there is a statute that is right on point.  It is known as the following too closely law.  Under NM Stat Section 66-7-318, subdivision (A) provides very clearly that “[t]he driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.”

Therefore, if a motorist rear ends your vehicle because he or she was unable to stop, it is likely that this section of law was violated.

Need Help in Your Auto Accident in New Mexico?  Call the Caruso Law Offices, P.C.

If you or a loved one were seriously injured in an auto accident occurring in New Mexico, call the Caruso Law Offices, P.C. to learn how we can help you.  Whether it is a single trucking accident like the one on I-40 that claimed Zhang Wenbo’s life, or if it is due to another rear end collision in a car, ask our experienced auto accident lawyers how we can help you today during a FREE consultation by dialing (505) 883-5000.

We handle causes throughout New Mexico, including Las Cruces, Santa Fe, Roswell, Cuervo, Rio Rancho, Clovis, Farmington, Hobbs, Albuquerque where our office is located, and anywhere else throughout New Mexico.  Please call to schedule for FREE appointment by dialing (505) 883-5000 or contact us through our website’s easy to use and convenient contact box available here.