Distracted Driving Accidents
Driver distraction is a leading factor in a majority of car accidents nationwide, including in New Mexico. A driver who is not paying proper attention to the road, whether due to texting or another diversion inside or outside the vehicle, puts other motorists, pedestrians, and road users at risk of serious injuries. Albuquerque distracted driving accident lawyer Paul Dominguez represents people who have been injured in crashes, seeking the compensation that they are entitled to receive for the harm that they have suffered. Our firm is dedicated to providing compassionate and personalized legal representation in the aftermath of a collision, taking time to make sure that victims understand their legal rights and options. If you have been injured in a distracted driving accident, contact a car accident lawyer at Dominguez Law Firm today to find out more about how we can help.New Mexico Distracted Driving Accidents
Unfortunately, New Mexico has some of the most lenient laws regarding distracted driving nationwide. There is no statewide ban on text messaging for all drivers, as is becoming more frequent in other states, although New Mexico does prohibit novice drivers, who are drivers under 18 years old, from any kind of cell phone use while behind the wheel. Additionally, certain cities, including Albuquerque, Santa Fe, Las Cruces, and Espanola, have enacted regulations prohibiting any driver from texting or talking on a cell phone. However, the relative lack of statewide restrictions increases the potential for drivers to use their phones irresponsibly while driving, since no ticket or legal consequence is deterring them.
The 2012 New Mexico Traffic Crash Annual Report stated that driver distraction was the leading contributing factor in all car crashes throughout the state. Despite the lack of statutory prohibitions, distracted drivers may still be held liable for injuries that they cause.Establishing Liability Through a Personal Injury Claim
Phone use is not the only possible source of a driver’s distraction. Other factors may also take a driver’s attention away from the road, including drinking or eating, issues related to a vehicle’s navigation system, rubbernecking, or grooming. No matter what is occupying a driver, when their focus is not on the road for an extended period of time, serious or even fatal injuries may result. A victim struck by a distracted driver may allege negligence in a personal injury claim. A distracted driving accident attorney in Albuquerque can help you bring this type of case.
Negligence is present when a defendant is found to have breached a duty of care to the victim, or plaintiff, causing injuries and resulting in damages. All drivers owe others on the road a duty to act as a reasonable and prudent person would act under the given circumstances. When a driver is texting and fails to keep their eyes on the road, causing an accident, they may be held accountable for any injury that occurs. If they prevail in their claim, victims may be compensated for medical expenses, loss of income, lost earning capacity, and pain and suffering damages. When a distracted driver causes the death of another person, the relatives of the victim may pursue a wrongful death action against the responsible party to seek damages for burial and funeral costs, as well as loss of support.Contact a Distracted Driving Accident Lawyer in the Albuquerque Area
If you or a loved one has been hurt in a distracted driving crash, the staff at Dominguez Law Firm, LLC is available to guide you through the legal process while you focus on recovery. Albuquerque distracted driving accident attorney Paul Dominguez understands the confusion and pain that follow a severe car accident, and he can work with you to identify your goals and protect your interests during the aftermath of such a trauma. To speak with an injury lawyer today, call (505) 850-5854 or contact us online for a free consultation.