A heartbreaking accident occurred on I-25 neat Los Lunas, New Mexico last Wednesday when a 97 year old man was killed in a crash that caused his car to roll several times. According to a report and article by Albuquerque ABC affiliate KOAT, the man's car was clipped by another vehicle. After investigating, local authorities stated that the driver of the other vehicle could face criminal charges, as she may have been distracted at the time and at fault for the accident as well as the death. It appears the authorities suspect the woman may have been texting when she caused the crash, as police from Belen, New Mexico obtained a search warrant for the woman's phone records.
The Dangers of Texting and Driving
Today more than ever, many drivers have access to cell phones or smart phones while driving. Although phones in the car make it easier to get directions and communicate while away from home, it is dangerous for the driver of a car to use a phone while driving. It is difficult for a driver to keep his or her eyes on the road when using a cell phone, and texting while driving is even more dangerous than making a call. If someone causes an accident while texting, they are subject to criminal prosecution under New Mexico law, and can possibly be found guilty of manslaughter.
Civil Liability for Accidents Caused by Texting Drivers
When a driver is distracted by texting and causes an accident, they can be subject to civil liability as well. A victim can file a New Mexico personal injury lawsuit to seek compensation for their injury. In New Mexico, it is necessary to prove that a driver negligently caused an accident that led to injury for a plaintiff to collect damages. Negligence can be difficult to prove, but if it can be shown that a driver was texting and distracted at the time of the accident, it is easier for a good New Mexico accident attorney to show that the driver was negligent. When a driver is issued a ticket or criminal charges are sought against them because of texting, the case for damages can become even stronger.
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