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Trucker Causes New Mexico Auto Accident Due to Texting While Driving

Texting While Driving: Liability Explained When a Trucker Causes a New Mexico Auto Accident

One of the most dangerous things that a motorist could do is text while driving.  This is because texting while driving 1) takes a person’s eyes off the road, 2) takes a person’s hand off the wheel, and 3) diverts a person’s attention to the message.  These three things all can cause or contribute to a motor vehicle accident.  This is particularly true of large commercial vehicles like 18 wheelers, box trucks, and other tractor trailers.  Truckers need react quicker because the time it takes for a truck to stop is longer because the distance is longer.  A trucker causing a New Mexico auto accident due to txting while driving is downright dangerous and negligent.  

Here at the Caruso Law Offices, P.C., our Albuquerque auto accident lawyers know how dangerous distracted driving is and the damages it can cause.  One of the mot destructive types of distracted driving is cell phone use, particularly texting while driving.  We have the experience and knowledge how to prove that a trucker was texting when he or she caused a New Mexico trucking accident anywhere throughout the state.  Victim who are injured in any 18 wheeler wreck, auto accident, or other box truck crash should ask our lawyers for help.

Liability in New Mexico Trucking Accidents Caused by Texting While Driving

There are two main ways to prove liability, or fault, in a New Mexico trucking accident involving a truck driver who was texting.  The first is through the common law, or judge-made law, which requires all motorists to use reasonable care in the use and operation of his or her motor vehicle.  A truck driver who is texting and causes a crash is most likely not using reasonable care.

The second way is proving a statutory violation or regulatory violation.  A statutory violation is better because it allows a victim to automatically established negligence against a truck driver that violates a statute meant to protect the victim from the harm the victim sustained.  Under New Mexico law, NM Stat. section 66-7-374 provides “[a] person shall not read or view a text message or manually type on a handheld mobile communication device for any purpose while driving a motor vehicle . . . .”  When a truck driver does this can causes a crash, it may automatically establish liability.

A regulatory violation is strong, but not as strong a a statutory violation because a regulatory violation is only evidence of negligence.  The regulatory violation applicable to using a cell phone to text come from the Federal Motor Carrier Safety Administration, or FMCSA.  Under 49 CFR section 392.82, an operator of a commercial motor vehicle is outright prohibited from texting while driving.  Any operator that does use a cell phone to text while driving a commercial vehicle will be in violation of federal regulations.

Our Albuquerque New Mexico Auto Accident Lawyers Can Help if You Were Hurt by a Trucker Texting While Driving

If you or a loved one are seriously injured due to a trucker texting while driving, or if a loved one is wrongfully killed, ask our Albuquerque trucking accident lawyers to help you.  Call to schedule your FREE appointment with our lawyers at the Caruso Law Offices, P.C. by dialing (505) 883-5000.  

We handle causes throughout New Mexico, including Las Cruces, Santa Fe, Roswell, Cuervo, Rio Rancho, Clovis, Farmington, Hobbs, Albuquerque where our office is located, and anywhere else throughout New Mexico.  Please call to schedule for FREE appointment by dialing (505) 883-5000 or contact us through our website’s easy to use and convenient contact box available here.

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