Dangers of Texting and Driving
Texting while driving has become an increasingly prevalent issue in today’s society, with many drivers engaging in this dangerous activity. Texting while driving is comparable to drunk driving in terms of the danger it poses to drivers and others on the road. It greatly impacts a driver’s reaction time and braking ability, leading to a higher risk of accidents.
When a driver is texting, their eyes are off the road for approximately the time it takes to travel the length of a football field at highway speeds. This lack of attention can result in serious and even fatal car accidents.
Albuquerque Texting and Driving Laws
In New Mexico, there is a statewide ban on texting while driving. Albuquerque has taken this a step further by implementing a hands-free device ordinance. This means that drivers in Albuquerque must use hands-free devices, such as Bluetooth or speakerphone, when using their cell phones while driving.
Violations of these laws can result in penalties, including fines and points on a driver’s license. It is essential for drivers to be aware of and abide by these regulations to ensure the safety of everyone on the road.
Establishing Liability in Texting and Driving Cases
When it comes to establishing liability in texting and driving accident cases, negligence and negligence per se theories are commonly used. These theories involve proving that the defendant was acting carelessly or in violation of the law when the accident occurred. Evidence, such as phone records, can be crucial in establishing liability in these cases.
If the defendant is cited for texting while driving, it can significantly impact the case. A citation can serve as evidence that the defendant was engaging in dangerous behavior and may help establish liability.
Potential Damages in Texting and Driving Accidents
Victims of texting and driving accidents may be entitled to various types of damages, including:
- Medical expenses
- Lost wages
- Pain and suffering
- Other losses related to the accident
New Mexico follows the doctrine of comparative negligence, which means that a plaintiff’s recovery will be reduced by their degree of fault. For example, if a plaintiff is found to be 30% at fault for the accident, their damages will be reduced by 30%.
The Importance of Legal Representation
Hiring an experienced Albuquerque personal injury attorney can greatly increase the chances of a successful outcome in a texting and driving case. An attorney can help gather evidence, negotiate with insurance companies, and represent the victim in court.
If you or a loved one has been injured in a texting and driving accident, it is crucial to contact an Albuquerque personal injury attorney as soon as possible to discuss your case and protect your rights.
Quick Facts:
- Texting while driving requires drivers to look away from the road for the time it takes to travel the length of a football field at highway speeds.
- Both New Mexico and Albuquerque have laws restricting texting while driving.
- New Mexico follows the doctrine of comparative negligence, which reduces a plaintiff’s recovery by their degree of fault.
- Damages in texting and driving cases may include medical expenses, lost wages, and pain and suffering.
- Hiring an experienced Albuquerque personal injury attorney can increase the chances of a successful outcome in a texting and driving case.
FAQs:
- What are the texting and driving laws in Albuquerque and New Mexico?
- Albuquerque requires hands-free devices for cell phone use while driving, while New Mexico has a statewide ban on texting while driving.
- How is liability established in a texting and driving accident case?
- Liability may be established through negligence or negligence per se theories, with phone records and citations for texting while driving serving as essential evidence.
- What types of damages can be recovered in a texting and driving accident case?
- Damages may include medical expenses, lost wages, pain and suffering, and other losses related to the accident.
- Does being partially at fault for the accident affect the amount of damages a victim can recover?
- Yes, under New Mexico’s comparative negligence doctrine, a victim’s recovery is reduced by their percentage of fault for the accident.
- Why is it important to hire an Albuquerque personal injury attorney for a texting and driving case?
- An experienced attorney can help gather evidence, negotiate with insurance companies, and represent the victim in court, increasing the chances of a successful outcome.