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Even though we know that there is a speed limit on a road, many people regularly still go that speed or even above by 5-10 MPH. But that is the speed maximum for a roadway, not the speed minimum. Roads are only rated for a certain speed which is usually the speed limit. The faster a motor vehicle is traveling, the longer distance that is required to stop, the more force it has, and the less reaction time a driver has. Our Albuquerque auto accident lawyer knows that this is a dangerous recipe which could result in very serious personal injuries or wrongful death.
Here at the Mark Caruso, our experienced Albuquerque auto accident lawyer can work with you and your loved ones who may have been hurt in a serious motor vehicle crash. Please call us by dialing (505) 883-5000 to learn how we can help you recover compensation for injuries related to a car crash. We may be able to recover compensation including pain and suffering, lost wages, lost future earnings, loss of consortium and services, medical bills, and other related expenses.
Motorist who drive too fast and above the speed limit are putting themselves and everyone else at risk for serious personal injuries. New Mexico law prohibits speeding for this reason. For instance, New Mexico law, NM Stat. 66-7-301 provides under subdivision (d) the following:
“In 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 motorist is driving about the speed limit, he or she may be deemed to have violated this section of law. This could be a serious violation and, in some instances, even result in jail time for repeated or egregious offenses.
But how does criminal penalties translate into civil liability?
New Mexico law allows for victims of a New Mexico auto accident to hold people who speed and cause crashes liable to them for their injuries. This is achieved through the doctrine of negligence per se. The doctrine of negligence per se provides that if a person violates a statute and causes harm to a victim, if that statute is aimed to protect that victim from the harm that was caused, the violator will be automatically liable to the victim. Said differently, a person who violates a statute that is meant to protect the victim will be liable to the victim for his or her injuries.
This may sound complicated, but an experienced Albuquerque auto accident lawyer can wield this powerful tool against defendants. If you have been seriously injured in any type of auto accident in New Mexico, please call our Albuquerque auto accident lawyer to learn how we can help. We handle cases throughout New Mexico, including in Lordsburg, Albuquerque, Las Cruces, Santa Fe, Roswell, or anywhere else. Call the Mark Caruso by dialing (505) 883-5000 to learn how we can help. You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.