Home 9 Personal Injury 9 Distracted Driving Accident Attorney in Albuquerque

Albuquerque Distracted Driving Accident Lawyer

Driver distraction is a leading factor in car accidents nationwide, and the Albuquerque area is no exception. Drivers who are not giving their full attention to the road, whether due to texting or something else, putting other motorists and pedestrians at risk of serious injuries and even death. In fact, a study by the National Highway Traffic Safety Administration (NHTSA) found that there were nearly 3,500 fatalities in distraction-based accidents in 2015. That makes up nearly 10% of all car accident deaths that year.

If you have been injured by a distracted driver in Albuquerque, the state of New Mexico allows you the right to compensation recovery. Attorney Paul Dominguez represents people who have been injured in car crashes and helps them seek compensation that they are entitled to for the harm that they have suffered.  Dominguez Law is dedicated to providing compassionate and personalized legal representation to all of our clients suffering the aftermath of a collision. Unlike many other law firms, we believe that taking time to make sure that victims understand their legal rights and options is a step that should not be ignored.

What are the Distracted Driving Laws in New Mexico?

Unfortunately, New Mexico has some of the most lenient laws regarding distracted driving in the United States. For instance, unlike many states, there is no statewide ban on texting and driving here. However, novice drivers (drivers under age 18) are prohibited from any kind of cellphone use while behind the wheel.

Since the state has failed to implement a law regulating the use of cellphones while driving, some cities, such as Albuquerque, Santa Fe, Las Cruces, and Espanola, have enacted their own regulations. These cities have prohibited any driver from texting or talking on a cellphone while operating a motor vehicle. 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.

What Could Be Considered Distracted Driving in Albuquerque, New Mexico?

Despite the lack of statutory prohibitions in the state for cellphone use while driving, distracted drivers may still be held liable for injuries that they cause. Distracted driving could be considered partaking in any of the following activities while in the operation of a vehicle:

  • Eating or drinking
  • Smoking
  • Putting on makeup or other personal grooming
  • Caring for or disciplining children
  • Sightseeing landmarks
  • Gazing at billboards, advertisements, or other road users 
  • Changing a song or radio station 
  • Daydreaming
  • Looking around at vehicle occupants
  • Reaching for an item
  • Using a GPS 
  • Fatigue or drowsiness 

Even driving while ill could be considered distracted driving in some cases. Sneezing, blowing your nose, and watery eyes can all take your attention away from the road. Driving while sick also often goes hand-in-hand with drowsy driving. Illnesses often leave us with brain fog and fatigue as our bodies work overtime to fight off the infection.

Types of Damages You Could Recover for a Distracted Driving Accident Injury

All drivers owe others on the road a duty to act as a reasonable and prudent person would act under the given circumstances. At Dominguez Law, we are devoted to pursuing justice and benefits for you when you are injured because of someone else’s choices on the road.

You may be compensated for:

  • Pain and suffering
  • Medical expenses (past and future)
  • Property damage
  • Lost wages
  • Reduced earning capacity
  • Change in lifestyle
  • Loss of companionship
  • Emotional distress
  • In-home rehabilitation
  • Disability
  • Rental car costs
  • Loss of personal enjoyment

    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.

    In some extreme cases, if the plaintiff can prove the negligent party acted with malice or in bad faith, punitive damages may be awarded to the victim. Punitive damages are awarded solely as a means of punishment for the negligent party and to prevent similar behavior in the future.

    How Can a Personal Injury Attorney Help You with an Albuquerque Distracted Driving Accident?

    One of the most troubling facts about distracted driving accidents is how easily preventable they are. It is easy to assume that we have learned how to drive with distractions, but the statistics prove that it is simply not the case.

    Attorney Paul Dominguez can help identify the negligent party (or parties) responsible for your injuries and fight to hold them accountable for their actions. When you partner with our firm, we can help defend your case by:

    • Conducting an independent investigation into your accident
    • Working with trusted medical professionals
    • Collecting valuable evidence for your case
    • Preparing your case for court
    • Consulting with experts in fields such as accident reconstruction or medical care and life-care planning
    • Reviewing your losses to determine the proper value of your claim
    • Assuring that all documents are filed correctly and promptly so as to avoid any mishaps or unnecessary delays during your case
    • Negotiating for a satisfactory settlement with the insurance adjuster or defense attorney

      At Dominguez Law, we have access to resources only available to legal professionals, allowing us to build the strongest defense possible for your case. We also provide a thorough understanding of the New Mexico legal system and how we can make it work for you.

      Contact a Skilled Distracted Driving Accident Attorney in Albuquerque, New Mexico

      If you or a loved one has been hurt in a car crash that was the result of a distracted driver, the distracted driving accident lawyers at Dominguez Law can help. We understand the confusion and pain that often follows a severe car accident, which is why we provide all of our clients with the personalized, compassionate legal representation that they deserve.

      We can work with you to protect your interests in the aftermath of such a trauma. Contact Albuquerque car accident attorney Paul M. Dominguez today to discuss your options for recovering damages after a crash. Call (505) 317-9837 or complete our contact form to schedule a free evaluation of your case today.