A heartbreaking accident occurred on I-25 neat Los Lunas, New Mexico last Wednesday when a 97 year old man was killed in a crash that caused his car to roll several times. According to a report and article by Albuquerque ABC affiliate KOAT, the man’s car was clipped by another vehicle. After investigating, local authorities stated that the driver of the other vehicle could face criminal charges, as she may have been distracted at the time and at fault for the accident as well as the death. It appears the authorities suspect the woman may have been texting when she caused the crash, as police from Belen, New Mexico obtained a search warrant for the woman’s phone records.
The Dangers of Texting and Driving
Today more than ever, many drivers have access to cell phones or smart phones while driving. Although phones in the car make it easier to get directions and communicate while away from home, it is dangerous for the driver of a car to use a phone while driving. It is difficult for a driver to keep his or her eyes on the road when using a cell phone, and texting while driving is even more dangerous than making a call. If someone causes an accident while texting, they are subject to criminal prosecution under New Mexico law, and can possibly be found guilty of manslaughter.
Civil Liability for Accidents Caused by Texting Drivers
When a driver is distracted by texting and causes an accident, they can be subject to civil liability as well. A victim can file a New Mexico personal injury lawsuit to seek compensation for their injury. In New Mexico, it is necessary to prove that a driver negligently caused an accident that led to injury for a plaintiff to collect damages. Negligence can be difficult to prove, but if it can be shown that a driver was texting and distracted at the time of the accident, it is easier for a good New Mexico accident attorney to show that the driver was negligent. When a driver is issued a ticket or criminal charges are sought against them because of texting, the case for damages can become even stronger.
Although it appears easy to demonstrate that a texting driver was negligent and should be held liable for damages resulting from an accident, it is that driver’s insurance company that will usually be paying the award. Insurance companies have skilled legal teams that will challenge a plaintiff’s claim that the defendant was distracted from texting at the time of the accident, and they sometimes succeed. Without a skilled New Mexico personal injury attorney at their side, victims of accidents caused by the mistake of texting while driving can often fail to be awarded fair compensation for their injuries in an accident.
Have You Been in an Accident?
If you or someone you know has been injured or killed in an accident and you suspect the other driver was texting behind the wheel, the Fine Law Firm knows what it takes to get you the compensation that you need. The skilled New Mexico personal injury attorneys at the Fine Law Firm handle all kinds of New Mexico personal injury cases, including auto accidents, and are dedicated to providing thier clients with the personal service that they deserve. Give us a call today at (505)889-3463 or contact us through the website for a consultation. We will discuss your case free of charge.
More Blog Posts:
New Mexico Supreme Court Finds That Lack of Foreseeability Does Not Prevent a Premises Liability Claim from Going to Trial, New Mexico Personal Injury Lawyer Blog, May 20, 2014.
New Mexico Supreme Court Finds That Lack of Foreseeability Does Not Prevent a Premises Liability Claim from Going to Trial, New Mexico Personal Injury Lawyer Blog, May 20, 2014.