Rio Rancho Distracted Driving Accident Lawyer

Distracted Driving Accident Attorney in Rio Rancho, NM

Distracted driving is one of the most dangerous activities drivers regularly engage in, yet it remains common. From texting to personal grooming, drivers often take their attention away from the road. If you’ve been injured in a crash caused by a distracted driver, contact a Rio Rancho distracted driving accident lawyer as soon as possible. You may be entitled to compensation.

Trust Berenson & Associates, PC

If you’re looking for a Rio Rancho car accident attorney to help you with your distracted driving injury claim, you can turn to Berenson & Associates, PC, for help. Our lead attorney has over 25 years of experience, and our entire team is intimately familiar with distracted driving accident laws and how they can be applied to different cases. You can trust us to help you with every aspect of filing your claim.

Why Hire a Distracted Driving Lawyer?

New Mexico routinely reports more distracted driving fatalities than any other state. The National Highway Traffic Safety Administration recorded 163 distracted driving fatalities in 2023, amounting to 37.06% of all the fatal crashes in the state. That may not sound like all that many, but compare it to the 8% of all deadly crashes caused by distracted driving nationwide, and it’s clear that New Mexico has a serious problem.

If you’ve suffered an injury as a result of someone else’s negligence, you can hire a distracted driving lawyer to help you file a claim at the Bernalillo County Metropolitan Court or the First District Court on Lomas Blvd. NW.

A skilled lawyer can help you with everything from filing paperwork to assisting you in the collection of evidence to help support your claim in Rio Rancho, NM. If your case goes to court, they can also provide courtroom representation if necessary.

Defining Distracted Driving

Distracted driving can be defined as any activity that pulls a driver’s attention away from the task of operating their vehicle. There are three types of driving distractions:

1. Visual. You take your eyes off the road to check a text or look at the GPS.
2. Manual. You take your hands off the wheel to eat a sandwich or reach for an object.
3. Cognitive. Your mind is taken off the task of driving because you’re engrossed in a conversation or daydreaming.

Texting while driving receives more attention than any other form of distracted driving. New Mexico has an explicit ban on any kind of phone use while driving. You’re not allowed to use your cell phone in any capacity, including making phone calls. All phone-related activity in a vehicle must be performed 100% hands-free.

Proving Negligence in Distracted Driving Cases

There are four key elements to proving negligence in distracted driving cases. They are:

1. Duty of care. All drivers owe a duty to other people on the road to exercise reasonable care to avoid harming anyone.
2. Breach of duty. When people text, make phone calls, or otherwise distract themselves from the road, they are breaching their duty of care.
3. Causation. You need to show a direct link between the driver’s breach of care and the accident that caused your injuries.
4. Damages. You also need to show that you have suffered actual harm as a result of the accident. That harm can include physical injuries, property damage, and emotional distress.

If the driver was using a cell phone behind the wheel, the doctrine of negligence per se may apply. This legal doctrine allows you to establish breach of duty of care by showing that the driver violated the law, establishing negligence.

Evidence Required in Distracted Driving Cases

You’ll need to prove the four aspects of negligence described above. To do that, you can use:

• The police report
• Eyewitness testimony
• Your own account
• Photos and videos
• Surveillance footage
• Cell phone records
• Social media activity
• Vehicle data

Your lawyer may need to subpoena some of these forms of evidence, such as surveillance camera footage and phone records.

FAQs About Distracted Driving Accidents in Rio Rancho, NM

What Is Considered a Driving Distraction?

What is considered a driving distraction is anything that pulls your attention away from the road. Cell phones are the most commonly cited distraction, but people routinely eat, drink, and even put on makeup while behind the wheel, as well. All of those activities can be distracting, and all of them are potentially dangerous.

What Do Cops See When They Run Your License Plate?

What cops see when they run your license plate is a database entry that shows the registered owner of the car’s name, address, and date of birth, along with the vehicle details, registration status, and the owner’s driving history. The police can see any suspensions, warrants, or past violations, as well.

What Are the Five Steps You Should Follow if You Are Involved in a Car Accident?

The five steps you should follow if you’re involved in a car accident in New Mexico include (1) moving to a safer location if possible, (2) call the police to file an accident report, (3) get evaluated by a medical professional, even if your injuries seem minor, (4) exchange contact and insurance information with the other driver, (5) and document everything, such as taking photos of damage, the accident scene, and license plate numbers.

Am I Allowed to Touch My Phone While Driving?

You are not allowed to touch your phone while driving in New Mexico. It’s illegal to use a handheld device for any kind of digital communication. You’re allowed to make hands-free calls, but having to touch the phone to place the call or use the app is against the law. You need to conduct 100% of the phone call without using your hands. The one exception is calls to emergency services, which you can make on your cell phone while driving if necessary.

Your Rio Rancho Distracted Driving Accident Lawyer

If you’ve been in a car crash involving a distracted driver, you deserve to be compensated for your injuries and other damages. You can work with a Rio Rancho distracted driving accident lawyer to get the money you’re due. The team here at Berenson & Associates, PC, can help. We have decades of experience practicing personal injury law. We can help you file your distracted driving accident claim.

Contact us today to schedule an initial consultation.