Las Cruces Distracted Driving Accident Lawyer

Distracted Driving Accident Attorney in Las Cruces, NM

Getting into an accident can be incredibly stressful and result in serious injuries and mounting medical bills. When your accident was caused by someone else’s negligence in the form of distracted driving, it can feel like adding insult to injury. The good news is that a Las Cruces distracted driving accident lawyer can help you pursue compensation for your injuries and other damages.

Trust Berenson & Associates, PC

If you’re looking for a skilled Las Cruces car accident attorney, look no further than Berenson & Associates, PC. Our team has decades of experience and in-depth knowledge of distracted driving accident laws. We can help you hold the person responsible for your crash accountable at the Doña Ana County Magistrate Court or the Third Judicial District Court.

Why Hire a Distracted Driving Accident Lawyer?

New Mexico has more distracted driving accident fatalities than any other state, with 163 deaths reported in 2023. That amounts to 37.06% of all fatal crashes in the state. Nationwide, only 8% of traffic deaths are caused by distracted driving.

If you’ve been in a distracted driving accident, it may not make you feel much better to know you’re not alone. You still need to hold the responsible driver accountable. You can hire a distracted driving accident lawyer to help you do just that. Your lawyer will be able to help with everything from filing your claim to gathering evidence and presenting a clear, well-supported account of how the accident occurred.

New Mexico’s Cell Phone Ban

New Mexico bans all handheld cellphone use while driving. If you were in an accident with a driver who was texting, making a phone call, or using another feature of their phone, it may be relatively straightforward to prove they were engaged in distracted driving. Your lawyer can subpoena phone records to show that the driver was using their cell phone while on the road.

Other Forms of Distracted Driving

Other forms of distracted driving are not explicitly banned in New Mexico. However, if they contributed to your accident, you can still use those activities as proof of negligence. Examples of other forms of distracted driving include:

• Eating
• Drinking
• Smoking
• Putting on makeup
• Reaching for items in the car
• Tending to a child or pet
• Using a navigation system
• Adjusting the radio

In this context, distracted driving can be defined as performing an activity that is not necessary for operating the vehicle, and one that could reasonably impair a driver’s ability to operate the vehicle safely.

Evidence of Negligence

In some cases, it’s easy to prove distracted driving as a form of negligence. If the driver was using their cell phone immediately before crashing into you, that information will be readily available in the phone record. If the person was engaging in another distracting activity, you and your lawyer may need to rely on additional sources of evidence, including:

• The police report
• Surveillance footage
• Witness testimony
• Expert testimony
• Crash reconstruction
• Vehicle data

Your lawyer can use this information to build a clear narrative showing how the liable party’s distracted driving caused the accident.

The severity of your injuries may vary depending on factors such as speed and the angle of impact. If you required medical treatment or had vehicle damage, it may be worth filing a distracted driving accident claim.

What If I Was Also Using My Phone?

If you were using your phone while driving and got into an accident in Las Cruces, you may be held partially responsible for the crash even if you didn’t cause the crash. Because New Mexico is a pure comparative negligence state, you may still be able to recover some damages. However, your compensation will be reduced by your percentage of fault.

FAQs About Distracted Driving Accidents in Las Cruces, NM

What Are the Distracted Driving Laws in New Mexico?

The distracted driving laws in New Mexico prohibit the use of any handheld device for communication, including cell phones. Distracted driving is a primary offense, meaning that police can pull you over for talking or texting on a handheld device. Other distracted driving activities, such as eating, grooming, and using a GPS, can all lead to careless driving citations if they cause you to drive erratically. However, they’re not explicitly banned.

How Do You Prove Distracted Driving?

A: You can prove distracted driving by gathering evidence from cell phone records, surveillance or dashcam footage, police reports, vehicle data, and witness statements. Your Las Cruces distracted driving accident attorney can look for any evidence that the driver’s focus was diverted from the road, no matter what type of distraction it was.

What Are Examples of Distracted Driving Conditions?

The most common example of distracted driving conditions is using a phone while driving, which is explicitly banned in New Mexico. Other examples can include eating, putting on makeup, or even using a handheld navigation system. While these activities are not explicitly banned with associated fines, they may still be considered negligent if they contribute to an accident.

Can You Get Pulled Over for a Dashboard-Mounted Cell Phone?

You can get pulled over for a dashboard-mounted cell phone in New Mexico if you are using it inappropriately, as would be the case if you were texting while driving. You may also get pulled over if the cell phone is mounted in a way that blocks your view of the road.

Hire a Las Cruces Distracted Driving Accident Lawyer

If you’re looking for a Las Cruces distracted driving attorney, Berenson & Associates, PC, is here to help. Our lead attorney has more than 25 years of experience in personal injury law, including distracted driving cases.

These accidents can be devastating, with medical bills piling up fast. Lost income and other expenses can make it difficult to keep up. Our firm works to investigate the cause of the crash, gather evidence of distracted driving, and build a strong case for you. We can help you file your claim and pursue the compensation you need to recover.

Contact us to schedule an initial consultation today, and let our Las Cruces distracted driving accident lawyers help you get the compensation you deserve to recover.