Getting a license and the ability (and freedom) to drive is a rite of passage many teenagers consider the beginning of adulthood.  With that privilege comes responsibility and with more teenagers on the road the incidence of distracted driving incidents is on the rise.  Almost every state has enacted laws against distracted driving which covers a multitude of potential offenses such as:

  • Gadget distractions (texting or operating a cell phone)
  • General distractions (shaving, putting on makeup, tending to a pet or child)

When a distracted driver causes an accident, they can face both civil and criminal penalties, but generally they will be required to compensate any potential victims for the damage they caused while operating their motor vehicle. If you are the victim of an accident involving a distracted driver you should contact a personal injury firm to seek compensation.

What happens if I am also at-fault for the accident?

If at fault for the motor vehicle accident in New Mexico, you are looking at a lawsuit in a ‘pure’ comparative negligence jurisdiction. Under pure comparative negligence the amount a victim is entitled to recover is reduced by the percentage of the fault they added to an accident.  For instance, if you are hit by someone while they are texting and driving and they cause an accident with $25,000 in damages to you, and a jury determines they were 90% responsible, the defendant would owe you (the plaintiff) $22,500 in damages. Fault is determined by the jury at trial.