Distracted driving is far too common in our technologically advanced world. Drivers face more distractions than ever. From cell phones to smartwatches, most New Mexico drivers own multiple technological devices that can take their focus off of the road. Additionally, most newer vehicles come with built-in infotainment systems, including GPS and interactive screens. Unfortunately, a devastating distracted driving accident can happen within seconds of checking a text message or looking at a cell phone.
Contact Our New Mexico Distracted Driving Accident Lawyers
If you or your loved ones have suffered an injury caused by a distracted driver, you need an experienced lawyer on your side. You may be able to recover compensation for the physical and emotional damage you’ve suffered from the distracted driving accident. At Hunt Law, we have a proven track record of obtaining damages on behalf of our clients. Contact us today to schedule your initial consultation to learn how we can advocate for your rights.
The Dangers of Distracted Driving
Distracted driving can be even more dangerous than driving while intoxicated. Despite the efforts of New Mexico state and local governments to curb distracted driving and make people aware of its dangers, drivers continue to drive while distracted. A driver on the freeway who looks down to read a text message will travel the length of a football field while doing so. The distracted driver will not have enough time to brake or react to other dangerous road conditions, such as another driver changing lanes.
Types of Distracted Driving Accidents
Distracted driving can cause many different types of car accidents, including rear-end accidents. When traffic suddenly comes to a quick stop, a distracted driver may not be able to brake in time, resulting in a rear-end collision. When distracted drivers look down to check a text message or adjust their GPS devices, they risk veering into another lane and causing a side-swipe collision.
When distracted drivers drive through stop signs or red lights, they risk colliding into the side of other cars, resulting in a broadside or t-bone accident. Distracted driving also causes single-vehicle accidents, some of which are deadly. In a single-vehicle accident, a driver collides with a stationary object, such as a tree or telephone pole. The danger of a vehicle rolling over after a single-vehicle accident is always present. When the driver is driving at high speeds, a single-accident car accident can be deadly or cause severe injuries.
Head-on collisions are the most dangerous type of distracted driving accidents. Distracted drivers can cross over the median line into oncoming traffic, resulting in a head-on collision. Head-on collisions are also common when distracted drivers are on winding roads with lots of curves. Distracted drivers are also more likely to enter a freeway offramp, resulting in dangerous head-on collisions. Sadly, many drivers involved in head-on collisions do not survive, or they face severe injuries, especially when both vehicles are traveling at high speeds.
New Mexico prosecutors take texting while driving incredibly seriously and enforce criminal distracted driving laws. In Albuquerque, Santa Fe, and most other New Mexico cities, using a cell phone or other electronic device that isn’t hands-free is illegal. Under state law, drivers cannot even text at a stoplight. If a distracted driver has injured you, you may be wondering what your options are for recovering compensation. Whether or not law enforcement officials charge the distracted driver with a crime, you still have a right to file a civil lawsuit against the driver.
As the victim of a personal injury accident, you may be able to recover compensation in a personal injury lawsuit. As the plaintiff in a personal injury lawsuit, you will need to prove that the at-fault driver’s negligence or recklessness caused the car accident that resulted in the car accident that caused your injuries. For example, if the at-fault driver was texting while driving when the accident occurred, you will need to provide evidence of his or her distracted driving to recover compensation.
Proving Negligence Under New Mexico Law
Under the legal theory of negligence, you will need to prove that the defendant owed you a duty of care, breached the duty of care, and caused the car accident that resulted in your actual damages. All drivers owe other drivers on the road a duty to drive reasonably under the circumstances. When a driver checks a text message, stares distractedly out the window, or looks down to fiddle with his GPS, he is not driving reasonably under the circumstances.
Driving while distracted breaches the duty of reasonable care that all drivers owe to other drivers, passengers, and pedestrians. A plaintiff who can prove that the at-fault driver engaged in distracted driving and caused the accident will be able to recover damages under New Mexico law. Successful plaintiffs also need to prove that distracted driving caused a car accident. At Hunt Law, we have a network of professionals who will thoroughly investigate our clients’ car accident cases. We will gather evidence, including witness testimony, accident reconstruction models, and video footage, to show that the distracted driver caused the car accident that resulted in your injuries.
Under New Mexico law, successful personal injury plaintiffs are entitled to economic and non-economic damages for their injuries. Economic damages include compensation for medical compensation, lost wages, lost earning capacity, household services, and other out-of-pocket expenses. Non-economic damages include damages for pain and suffering and damages for the victim’s lost ability to enjoy activities due to his or her injuries.
Contact Our New Mexico Distracted Driving Lawyers Today
If you or your loved one suffered an injury due to distracted driving, we can help. Contact our experienced New Mexico personal injury lawyers today to schedule your initial consultation.