As the new school year begins, ensuring the safety of our children is the top priority for parents and communities across northern and central New Mexico. Changing morning schedules, sometimes grumpy children and the challenges of getting out of the house and getting the kids to school are in full swing. Navigating busy school zones, morning traffic, and bustling crosswalks can add the experience, but understanding the law is your first line of defense against tragedy and ensuring that everyone gets to and from school safely.
In This Article
Our personal injury lawyer, Marc A. Grano, shares the five laws that every parent should be aware of if they have school-aged children, tips for driving in and around school zones, and what to do if your child is injured on the way to or from school. Grano Law Offices, P.C. wrote this post for concerned parents who want to know more about protecting their children’s safety and rights.
Table of Contents
Five Laws EVERY Parent Should Know About School Zone Driving in New Mexico
New Mexico’s civil and criminal motor vehicle safety regulations are vast and complex. However, there are a few laws specifically dedicated to driving in and around school zones that motorists must obey.
Here are the five laws that every parent should be aware of when it comes to school zone driving in New Mexico:
1. Speed Regulation
Speed regulation is a critical factor when preventing school zone accidents everywhere. Under NMSA § 66-7-301, no motorist may drive more than 15 miles per hour “when passing a school while children are going to or leaving school and when the school zone is properly posted.” This law ensures that motorists have plenty of time to engage in a sudden stop should a child run out in the street.
Pro Parent Safety Tip: Train your memory for school zones by making a specific mental note to slow down every day you drive your child to school or approach school zones. This technique will build muscle memory automatically for driving through these areas.
2. School Crossings
Per NMSA § 66-7-336, schools must provide crosswalks and signals that alert drivers as such. Your child must also cross roads and highways using these crosswalks for maximum safety. Drivers who ignore these crosswalks when children are present put everyone’s lives in danger.
Pro Parent Safety Tip: Give yourself extra time to travel during morning school traffic. Ensure that you pay attention to all crosswalks, even outside of school zones, as they also see additional foot traffic in the morning. Always be prepared to stop your car, truck or SUV.
3. Passing a School Bus
You must also stop at least ten feet away if a school bus is stopped with the appropriate signals and signage engaged under NMSA § 66-7-347. The statute goes on to further state that you cannot proceed to drive “until the special school bus signals are turned off, the school bus resumes motion or until signaled by the driver to proceed.”
Pro Parent Safety Tip: Assume that all school buses in your area can stop at any time to pick up children. Avoid illegally overtaking a bus when you are in a hurry to ensure that everyone remains as safe as possible.
4. Special School Bus Lighting Equipment
School buses must come equipped with special signals, lighting, and signage that tell other drivers when to stop or slow down per NMSA § 66-7-348. Likewise, bus drivers cannot “operate any flashing warning signal light on any school bus except when the school bus is stopped or is about to stop on a roadway for the purpose of permitting school children to board or alight from the school bus.” As such, when you see the driver engage these signals, it is a surefire sign that children are present.
Pro Parent Safety Tip: If you observe a school bus missing the required signage or lighting, be sure to alert the school and bus company of your findings. They may be unaware of the issue or have failed to notice a malfunction on the bus route. Doing so could save a life!
5. Bicycle Laws
New Mexico law treats bicyclists similarly to motorists when traveling on roads, sidewalks, and highways per NMSA § 66-3-702. If your child rides a bicycle to and from school, ensure that they are familiar with the rules and regulations regarding travel. Parental permission to violate these rules does not protect you from civil or criminal action should your child get injured in an accident.
Pro Parent Safety Tip: Ensure that you routinely spend time discussing bicycle safety for the commute. Become familiar with the laws (see link in the preceding paragraph of this blog post) so that you can communicate what is expected of them. Perform random checks by observing their behavior on the way to school for maximum compliance and safety.
How to Get Clarification About These Laws
These school zone traffic safety tips are for general purposes only. If you have additional questions regarding the clarification of specific rules, call the New Mexico Department of Transportation (NMDOT) or the local police department or sheriff’s office. They can provide you with more information about ordinances that are unique to your city or county.
What to Do If Your Child Gets Injured by a Negligent Driver
Our Answer: Get legal advice at no cost or obligation as soon as possible if your child gets injured by a negligent driver on the way to school
If your child were injured by a negligent motorist in a school zone, our legal team would like to offer its deepest condolences to your family during this challenging time. While the law cannot erase injuries, memories, or the past, New Mexico created our civil code, in part, to protect people in your situation.
You and your child deserve car accident injury compensation for medical bills, time missed at work (for you, the parent), and the mental anguish endured.
Obtaining Legal Advice Is Not “Litigious”: It Is Your Right
School zone accident injuries inflicted upon a child, the parent, and other students are not a “litigious” act. While the negligent parties may not like your seeking legal advice, student-involved motor vehicle accidents may necessitate such a call to a car accident attorney, like Marc A. Grano. Our legal team will review the facts and circumstances of your claim against the negligent driver, and potentially, against the school, administrators, and local city.
A Note If the School Is Potentially Liable
State law limits the amount of time you have to file a claim under New Mexico’s Tort Claims Act. If the school or city is liable, you must send them a Notice of Claims within 90 days of your child’s accident injuries. Chapter 41, Article 4 laws specify this rule, along with others to ensure that all parties follow strict protocols.
Failure to do so means that you could lose your right to personal injury compensation under New Mexico law.
Protect Your Child’s Future if a School Zone Accident Occurs
If the unthinkable happens and your child is injured in a school zone by a careless driver, your family should not be forced to carry the financial burden of medical bills, recovery costs, and lost wages. Navigating the aftermath of a pedestrian or car accident can be incredibly overwhelming, but you do not have to fight the insurance companies or school districts alone.
Get Free Legal Advice From an Experienced Personal Injury Lawyer
Get no-cost, no-obligation legal advice to learn about your options from a veteran-run, family-owned business near you in northern or central New Mexico. Schedule your Free Case Strategy Session with the car accident injury lawyer at Grano Law Offices, P.C. by calling (505) 426-8711 or messaging us below.
