The New Mexico State Legislature has passed a law that now prohibits drivers from texting or checking emails on phones or tablets, even if they are stopped in traffic or at a stop light. According to an article by the Daily Times, the ban went into effect on July 1 of this year. Some New Mexico cities and counties had already enacted similar bans, but with this law, passed by the legislature and signed by Governor Susana Martinez, the ban is now statewide. Drivers that are caught in the act of texting or surfing the web on their phone while driving will be fined $25 for a first offense, and $50 for each subsequent offense. Drivers are still permitted to use GPS devices while driving, and texting is allowed in emergency situations.
The Dangers of Texting While Driving
Although the distraction caused by looking at and using a phone while behind the wheel seems obvious, many New Mexico drivers do not care to stop the practice. According to the article, it appears that cell phone use while driving has contributed to a noticeable increase in collisions in which vehicles are rear-ended. Texting while driving presents a danger that is comparable to drunk driving. According to a study noted in the article, the police receive "a lot" of complaints from concerned drivers that another driver is drunk, but when they pull over the suspected DUI, it turns out the driver was sober, and "messing with their phone."
The New Law's Effect on Accident Lawsuits
This new law will likely make it easier for plaintiffs in New Mexico accident lawsuits to prove that the defendant driver was at fault, if it can be shown that that driver was texting at or before the time of the accident. It is possible to access phone and internet records to determine if a defendant was online at the time the accident occurred. If a defendant driver admits, is witnessed, or can be shown to have been texting at the time of an accident, it is now easier for a plaintiff to make a case that the driver was negligent, and that such negligence was the cause of the accident and any damage or injuries.