Texting while driving is a dangerous habit that far too many adults are guilty of engaging in. People frequently act as though their choice to text while driving isn’t a safety concern, possibly because they only text while stopped at an intersection instead of texting while actively driving. Regardless of the tricks that people may utilize to reduce their risk, texting while in control of a vehicle is unsafe and directly increases the likelihood of a wreck occurring.
Someone involved in a collision in New Mexico may feel as though the other driver was to blame, especially if it seems that they had their phone in their hand before the crash occurred. Is someone texting at the wheel automatically responsible for a collision that has occurred?
New Mexico has a law against texting while driving
Like most other states, New Mexico has made it illegal to manually use a mobile device while operating in motor vehicle. Therefore, someone texting while driving has violated traffic laws and potentially opened themselves up to liability. While this may only be a mild traffic violation, even simple mistakes, like failing to use a turn signal, can cause a crash and make someone liable for the results of the wreck. Breaking traffic laws will usually make someone at fault for a crash.
In addition to being a wrongful act, distracted driving is also a negligent act, as it involves doing something that most people recognize is not safe. Most drivers recognize the risk involved in texting or otherwise handling a phone while driving. Some people will even try to delete the evidence of their text messages or hide their phone to help them more convincingly deny the claim that they used it right before the crash.
There could be evidence, including data records from a phone company or traffic camera footage, that can help prove one driver texted prior to the collision. So long as the person affected by the collision has proof corroborating their claims that the other driver texted at the wheel, it may be possible to file a claim against their insurance or to take the distracted driver to court if someone files a personal injury lawsuit.
Civil litigation is sometimes necessary when insurance isn’t sufficient to cover crash costs. Seeking legal guidance and better understanding New Mexico traffic laws might make it easier for some people to respond to the aftermath of a recent collision.