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Car Accident With a Driver Texting: NM Auto Accident Lawyer for Texting While Driving Accidents

NM Auto Accident Lawyer Explains Texting While Driving Accidents After a Car Accident with a Driver Texting Causes Personal Injuries

Texting while driving is downright dangerous and it has been compared to drunk driving or drugged driving.  Almost 3,000 people a year are killed by distracted drivers.  This means that a car accident with a driver texting in New Mexico would result in catastrophic or fatal injuries.  Our NM auto accident lawyer for texting while driving knows how dangerous this can be too.  In fact, texting while driving creates three unique risks including:

  • Eyes off of Road 
  • Hand off of wheel, and
  • Attention off of driving.

This trifecta makes texting while driving so dangerous and incredibility deadly.  While some distractions only take one or two of these factors (i.e., eating may take a hand off the wheel, or the radio may take hand off the wheel and attention off of driving), very few other distractions take all three factors out.  This makes texting while driving so dangerous.

New Mexico Law Knows Texting While Driving is Dangerous

Actually, not just the Legislature and New Mexico law—but pretty much everyone knows that texting while driving is very dangerous.  Unfortunately, far too many people still do it to the level where it can be very dangerous and even deadly.

Under New Mexico statutory law, the Legislature has made texting while driving unlawful.  This means a car accident with a driver texting could result in automatic liability against the defendant who was texting and caused the crash.  Specifically, NM Stat. section 66-7-374 provides “[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[.]”  This means that any accident causes while a defendant is either reading or texting while driving is in violation.

Moreover, it is important to note that the common law, or judge made law, also may appear.  This is because all motorists must comply with the unwritten common law which imposes a duty of motorists to use reasonable care in the use or operation of their motor vehicle.  This is why all motorists must avoid risky behavior such as texting while driving.

Federal Regulations Also Know How Dangerous Texting While Driving Is Under NM Law

While our NM auto accident lawyers know that a car accident caused by a motorist texting while driving is dangerous, we also know that a truck driver texting while driving is downright negligent.  So do the federal regulations.  These regulations are promulgated by the Federal Motor Carrier Safety Administration (FMCSA) which sets the minimum requirements for motorists to follow throughout the United States.  This applies in every state, including New Mexico.

As it pertains to texting while driving, the FMCSA regulations make it crystal clear.  The FMCSA regulation 49 CFR section 392.82 outright prohibits any texting while operating a commercial vehicle.  Thus, any truck driver that causes a car accident with a driver texting may be liable under New Mexico law.  At the very least, a FMCSA regulatory violation is evidence of negligence.

Our NM Auto Accident Lawyer Can Help Victims and Their Families After a Car Accident with a Driver Texting in New Mexico

If you or a loved one were seriously injured in a car accident with a driver texting or a trucking accident with a truck driver texting, call our experienced NM auto accident lawyer at the Caruso Law Offices, P.C. to learn how we can help protect your rights to compensation.  We have dedicated our firm to protecting the rights of individuals who have been harmed by the reckless, careless, and downright negligent conduct of another person, business, or government entity.  If you or a loved one were seriously injured, call us today to learn how we can help you by scheduling your FREE appointment with our lawyers 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.

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