Since July 1, 2014, New Mexican law has banned texting while driving. Some cities in the state also ban the action by ordinance. Despite this, accidents still happen in which drivers have been texting in violation of the law.
Perhaps this is not a surprise considering that New Mexican drivers are ranked among the worst drivers in the country, according to the Albuquerque Journal’s coverage of an annual study by carinsurancecomparison.com.
Talk to a lawyer
Still, any driver who drives negligently, recklessly or aggressively and causes an accident that injures or kills someone is legally liable to that victim, or to his or her family in the case of death. Anyone who has experienced such loss should speak to an attorney to understand his or her potential legal remedies, which may include a personal injury or wrongful death lawsuit.
New Mexico’s texting ban
The New Mexico texting ban forbids reading or viewing a text message as well as manually typing on a handheld cell phone while driving, except to report an emergency. The ban applies to email, instant messages, texts or “image communication” as well as a “command or request to an internet site.”
Driving for this purpose means “being in actual physical control” of a vehicle on a highway or street, including while stopped in traffic. The law does allow a driver to safely pull over and text while stopped.
A similar statewide texting-while-driving ban took effect May 18 of this year for drivers of commercial motor vehicles.
Legal advice important
Anyone involved in a crash with a distracted driver should seek legal advice as soon as possible. Do not wait because in some cases deadlines may prevent certain lawsuits.
In Albuquerque and throughout New Mexico, the law firm of Giddens & Gatton Law,amp; Jacobus has personal injury attorneys who handle motor vehicle accident cases and can specifically provide advice to injury victims and their families regarding how to proceed in the wake of an accident-related injury.
Contact Giddens & Gatton Law,amp; P.C., at (505) 273-3720 to set up an appointment or visit the firm’s website at giddenslaw.com. Giddens & Gatton Law,amp; P.C., is located at 10400 Academy Road N.E., Suite 350, in Albuquerque, New Mexico.