One moment, you are commuting home from work, thinking about dinner, the kids’ school day, and the chores you have to do. Next, another driver slams into your vehicle, upending your evening plans and, possibly, your long-term health if the accident results in injuries.
Distracted driving is no joke and can change someone’s life in an instant.
New Mexico’s civil code addresses situations involving injuries caused by a distracted driver. Therefore, you are not without legal options if this unfortunate circumstance impacts your physical safety and well-being. However, it is critical to handle the claims process carefully.
Otherwise, you could negatively impact your options for compensation that covers healthcare, lost wages at work, and mental anguish.
In This Article
Car accident injury attorney Marc A. Grano, along with the dedicated team at Grano Law Offices, P.C., is here to guide you through the aftermath of a distracted driving accident injury. We wrote this post to help injured people and their loved ones understand more about their situation in general and to provide the legal support you need during this challenging time.
How Do Distracted Driving Injury Claims Work?
Distracted driving injury claims in New Mexico are not uncommon and range in severity, from so-called minor injuries to severe, life-changing losses. Regardless of how bad your injuries are, you have a legal right to compensation if you can prove that the other driver was engaged in distracted driving at the time they caused your accident. However, you must have evidence that your case meets the elements of a distracted driving injury claim.
Below, we have outlined the elements of a distracted driving injury claim to show you how they work:
- Element 1. Duty of care: New Mexico’s motor vehicle laws state that drivers owe each other a “duty of care,” meaning that they must give their full attention to the road.
- Element 2. Breach: Unfortunately, not all drivers exercise their duty of care. If they divert their attention from the road, it could result in an action that gives rise to an accident, also known as being “in breach” of their general duty of care.
- Element 3. Causation: Taking your attention away from the road could cause an accident. If the other driver breached their duty of care and caused your accident, investigate your accident carefully and preserve evidence to show how their negligent actions played a role.
- Element 4. Damages: Finally, you cannot file a compensation claim in New Mexico unless you suffered physical, actual harm as a result of the other driver’s breach of duty of care. Therefore, you must seek immediate medical treatment after an accident for a multitude of reasons, including your health, safety, and prognosis. A distracted driving accident attorney, like Marc A. Grano, will help you track your losses so that you can demand a full and fair award from the other driver’s insurance company.
In a nutshell, you have the right to pursue a compensation claim in New Mexico if your case meets the above-referenced criteria. However, our state’s civil and motor vehicle codes will impact the amount of money (or damages) available to you. For example, under NMSA § 41-3A-1, if the other driver’s insurance company can prove that you were partially at fault for the accident, you will receive a reduction in your overall settlement amount.
What Are New Mexico’s Distracted Driving Laws?
New Mexico’s distracted driving laws address issues related to drivers not giving their full attention to the road. While there is no specific law in the books titled “distracted driving,” our statutes prohibit specific activities behind the wheel that could give rise to a car accident, including using a mobile phone and careless or reckless driving. As such, you should receive a full and fair personal injury settlement if you can prove that the other driver was distracted while driving during your accident.
Let’s take a closer look at each of the laws defined:
Careless Driving
Careless driving is defined as “Any person operating a vehicle on the highway shall give his full time and entire attention to the operation of the vehicle” under NMSA § 66-8-114. The law goes on to further state that it is a misdemeanor for a driver to operate a motor vehicle in a manner without regard “for the width, grade, curves, corners, traffic, weather, and road conditions.”
Reckless Driving
Reckless driving is far more severe than careless driving. It could be viewed as the most extreme manner of distracted driving. Under NMSA § 66-8-113, the law defines a reckless driver as “Any person who drives any vehicle carelessly and heedlessly in willful or wanton disregard of the rights or safety of others and without due caution and circumspection and at a speed or in a manner to endanger or be likely to endanger any person or property.” If the other driver acted recklessly, they could also face misdemeanor charges and loss of driving privileges.
Texting While Driving
Texting while driving is a common form of distracted driving prohibited under NMSA § 66-7-374. If you can prove that the other driver was texting while driving, usually through electronic data and eyewitness testimony, you have a legal right to personal injury compensation.
Use of a Handheld Mobile Communication Device
New Mexico also bans the use of handheld mobile communication devices by commercial motor vehicle (CMV) operators. NMSA § 66-7-375 states that a “person shall not use a handheld mobile communication device for any purpose while driving a commercial motor vehicle except to summon medical or other emergency help or unless that device is an amateur radio and the driver holds a valid amateur radio operator license issued by the Federal Communications Commission.” Distracted trucking accidents are more complex since they involve federal regulations and corporate involvement; however, an experienced and knowledgeable trucking accident attorney will help you determine a strategy if a truck driver caused your injuries.
Three IMPORTANT Steps to Take After a Distracted Driving Accident
Your health, future, and well-being depend upon the actions you take after a distracted driving accident. A single misstep could result in a partial or total claim denial by the other driver’s insurance company. Therefore, you could miss out on compensation that pays for:
- Medical expenses
- Lost wages
- Pain and suffering
- Other civil awards
Instead of leaving your claim to chance, ensure you follow these three IMPORTANT steps after a distracted driving accident in New Mexico:
Step 1. Go to the Emergency Room
Go to the nearest emergency room if you suffer from severe injuries from a distracted driving accident. Even if you do not think that you are injured, you must visit a physician no later than 72 hours (or three days) in the aftermath. Otherwise, the liable insurance company could reduce or deny your claim based on your not seeking medical treatment, and therefore making your injuries even worse.
Step 2. Follow Your Doctor’s Orders
The attending physician will ensure that you are stable before leaving the hospital. However, they will also prescribe medications and provide instructions for proper aftercare. Failing to follow your doctor’s orders after release will also negatively impact your personal injury claim, since the insurance company could again say that you caused your car accident injuries to become even more severe.
Step 3. Get Legal Advice
Insurance companies are in the business of making money and will use the legal tactics available to them to reduce your settlement offer. Therefore, you should handle the claims process as safely as possible by erring on the side of abundant caution. Avoid leaving your future in the hands of an insurance company, and take the time to run your potential case by a personal injury law firm, such as Grano Law Offices, P.C.
A few signs that you may want legal advice from a car accident lawyer include:
- Partial/total claim denials
- Low-ball settlement offers
- Claim processing delays
- Severe injuries or loss of life
- Accusations of fault
- Other unscrupulous tactics
If you decide to call us for legal advice, our firm will review the facts of your case, explain how the law could affect you, and share your options for moving forward. The most proactive way to approach the process is by getting no-cost, no-obligation legal advice during your free case strategy session.
How to Get No-Cost, No-Obligation Legal Advice
You have a legal right to seek counsel from a personal injury attorney in New Mexico after any accident with injuries. However, you are under no obligation to hire a lawyer simply by asking for legal advice. Therefore, checking your legal options, rights, and responsibilities does not come with any personal, financial, or professional risk to you, and the insurance company cannot reduce your settlement for consulting with one.
Instead of leaving your case to chance, prioritize your future by establishing your rights now with an attorney. If we do not think we can add economic and non-economic value to your case, our legal team will not recommend our services. At the very least, you will know how to approach or handle your situation.
Put Yourself First With a Free Case Strategy Session
The distracted driving accident attorney at Grano Law Offices, P.C. wants to help you obtain a fair settlement if another driver caused your injuries. Schedule your Free Case Strategy Session by calling (505) 426-8711 or messaging us below.
Your free case strategy session is entirely confidential and at no cost or obligation to hire. However, if you do hire us, Marc A. Grano will not charge you for advance attorneys’ fees and will only get paid for his time, knowledge, and resources after you win your case!
