Texting while driving is incredibly dangerous. Unfortunately, a large percentage of the population does not understand the risks. Many people who would never drink while driving do text while driving.
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- Our law firm has a 99 percent case success rate. While we cannot guarantee positive results, we promise to fight for justice as if your texting and driving accident case were our own.
- We have collected millions of dollars in verdicts and settlements for past clients. This includes many successful motor vehicle accident cases. We can take cases to trial, when necessary.
- Our law firm has been in business for over 40 years. We are a reputable, nationally recognized and locally respected group of personal injury lawyers.
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What Is Distracted Driving?
Distracted driving refers to the operation of a car, truck, bus, motorcycle or another motor vehicle while the driver’s full attention is not on the road and driving task. If something takes the driver’s attention away from the central task of operating a vehicle, it is a dangerous distraction that increases the odds of a car accident.
There are three types of driver distractions:
- Visual: something that takes a driver’s eyes away from the road ahead, such as the screen of a cell phone.
- Manual: something that removes one or both hands from the steering wheel, such as typing a text message or scrolling through social media.
- Cognitive: something that distracts the driver’s mind, such as a recent conversation or reading a text message.
Operating a vehicle while distracted in any manner is dangerous as it delays a driver’s reaction times. A distracted driver may not notice or react in time to changing roadway situations. However, texting and driving is the most dangerous form of distracted driving since it involves all three types of distraction.
The Facts About Texting and Driving
Sending or reading a text message requires you to look away from the road for the amount of time it would take to travel the length of a football field at a highway speed limit. This means that a texting driver may not have enough time to brake and may not have enough to react to other changing road conditions, such as a bicyclist or someone changing lanes. If you are injured in an accident due to another person texting and driving, consult the Albuquerque accident attorneys at the Fine Law Firm for advice and potentially representation.
According to the National Highway Traffic Safety Administration, 3,308 people died in distracted driving accidents in 2022. The highest number of distracted drivers involved in fatal collisions were in the age group of 25 to 34. Young people are more likely to text and drive than older populations.
What Should I Do Immediately After a Texting and Driving Accident in Albuquerque?
If you get involved in a car accident in Albuquerque, pull over as close to the scene as you can safely. Check yourself and others for injuries and request an ambulance, if necessary. Dial 911 to report the crash to law enforcement right away if it is serious or if you suspect the other driver of texting while driving. While you wait for the police to arrive, exchange information with the other driver, including names, contact information and car insurance details. Do not admit fault.
When the police arrive, describe your version of events and explain why you believe the other driver was texting. The police will investigate and may issue a citation if the other driver broke New Mexico’s cell phone laws, which prohibit handheld electronic device usage. If there are any witnesses, write down their information before you leave. Seek professional medical care for your injuries without delay.
Before filing a car insurance claim, contact an attorney for advice and assistance. A distracted driving accident lawyer in Albuquerque can help you establish fault, such as by showing that the other driver was using a cell phone at the time of the collision. A law firm can access the other driver’s cell phone records and hire crash reconstruction experts to demonstrate how the accident occurred.
What Evidence Do I Need for an Albuquerque Car Accident Case?
Under New Mexico’s fault insurance law, negligence must be proven by a victim to qualify for financial benefits from another driver’s car insurance company. The burden of proof – the amount of evidence that must be supplied to establish liability – is a “preponderance of the evidence,” meaning what is being claimed is more likely to be true than not true.
While evidence varies from case to case, examples include:
- A police accident report
- Witness statements
- Cell phone records
- Photographs and videos
- Medical records
- Accident diagrams
- Expert testimony
You can begin collecting evidence to prove your car accident case from the beginning of the incident, while you are still at the scene of the crash. If you are too injured to collect evidence yourself, have a friend or family member do so for you. You can also contact an attorney for assistance gathering and presenting evidence to support a texting and driving car accident case.
Proving Liability for Texting and Driving Crashes
Both the state of New Mexico and the city of Albuquerque take texting while driving seriously and enforce laws curtailing this behavior. In the city, the use of cell phones—whether browsing contacts, using social media, or actually texting—while driving is restricted to using hands free devices. The statewide ban is broader than Albuquerque’s ordinance. You may not even text while at a stoplight under the state law. However, there is a harsher financial penalty for violating the Albuquerque ordinance. Police officers may cite drivers under either rule.
If you are injured in an accident caused by a texting driver, you may be able to recover compensation under theories of either negligence or negligence per se. To prove negligence, you would have to show that the defendant owed you a duty, which he or she breached, causing the accident and actual damages. Negligence per se may exist when a driver violates a law designed to protect a certain class of people against a particular type of harm, causing that type of harm to a person who is part of the class the legislature intended to protect.
In general, it may be easier to recover damages when the defendant has been cited for texting and driving, and the court recognizes that negligence per se applies to the situation. However, even if the defendant was not cited and denies texting while driving, a review of phone records can provide useful evidence of this behavior.
The damages that may be available to you if you successfully establish negligence or negligence per se include medical expenses, lost earning capacity, lost wages, household services, out-of-pocket expenses, pain and suffering, and lost enjoyment in activities and life.
What if you are partially to blame for a texting and driving accident? New Mexico follows the doctrine of comparative negligence. This provides that a plaintiff’s recovery is reduced by an amount equal to his or her own degree of fault for the accident. In a case in which the total damages are $1,000,000 and the victim is 30% at fault, he or she may be able to recover up to $700,000 from the parties that held the remaining responsibility for the crash.
What Types of Damages Can I Recover?
Filing an insurance claim or bringing a personal injury lawsuit after a texting and driving accident in Albuquerque can potentially result in financial compensation, or damages, awarded to reimburse you for a variety of different losses. You may qualify for both economic and noneconomic damages.
Examples include:
- Medical expenses: the price of all medical care associated with your car accident injuries, which may include ambulance fees, hospital stays, surgeries, medical devices, prescription medications, disability costs, therapies, rehabilitation and live-in care.
- Lost wages: income, earnings and employment benefits you lost due to having to miss work because of your car accident. This may include diminished capacity to earn in the future if you suffered a long-term or permanent injury or disability.
- Property damage: the full price of repairing your damaged motor vehicle, as well as coverage for any lost or destroyed personal belongings. If a distracted driver totaled your car, meaning the price of repairs exceeds what the car is worth, you may recover its total pre-crash value.
- Pain and suffering: intangible losses caused by the car accident and your injuries, such as physical pain, emotional anguish, mental distress, psychological harm, post-traumatic stress disorder, reduced enjoyment or quality of life, and loss of consortium.
- Wrongful death damages: funeral and burial costs, lost earnings and inheritance, grief and mental anguish, and medical bills if you lost a loved one in a fatal texting and driving accident in Albuquerque.
To find out how much your texting while driving accident claim is worth, discuss the details of your case with a lawyer at The Fine Law Firm. We will analyze your circumstances to give you an accurate estimate of your case’s value. Then, we will use proven legal strategies to fight for maximum compensation from a car insurance provider on your behalf.
Consult a Knowledgeable Texting and Driving Accident Attorney in Albuquerque
Most personal injury cases resolve through settlement. However, it always helps to have an Albuquerque personal injury attorney on your side who is prepared to take your case to trial. Insurers do not tend to take an unrepresented accident victim seriously. If you are injured or have lost a loved one on a highway in Albuquerque or the surrounding communities, the texting and driving collision lawyers at the Fine Law Firm may be able to assist you. Contact us via our online form or call us at (505) 243-4541 to set up a free consultation.