Drunk Driver Kills Motorcyclist in Her Second DUI in One Year

Earlier last month in a tragic accident in Albuquerque, a man was killed when a drunk driver ran a red light and struck him while he was riding his motorcycle. According to a report by one local news source, the woman had just started to go through court-ordered programs for an aggravated DUI charge she received last year.

vodka-russia-310547-m.jpgEvidently, on the night in question, she blew through a stop sign and crashed into the motorcyclist at near full speed. When police arrived and administered a breath test, she blew a .17, which is more than twice the legal limit for driving under the influence in New Mexico.

Aside from this current offense and her prior DUI, it seems as though these were the woman’s only arrests. Her family told reporters that she had been doing well after her first DUI, and she had just started a new job when she was out celebrating. Apparently, a man punched her in the face while she was out, and she decided to leave as a result. It was on her way home that she hit and killed the motorcyclist.

Drunk Driving Accidents in New Mexico
Drunk driving is something that is taken very seriously in New Mexico, and for good reason. Each year, there are hundreds of drunk driving accidents that occur across the State of New Mexico. Many of these result in serious or fatal injuries.

When a driver engages in drunk driving, he or she is acting legally negligently. In fact, drunk driving is specifically prohibited by statute in the State of New Mexico, which creates a presumption that any injuries caused by a drunk driver were due to the driver’s negligence. This is called the legal doctrine of negligence per se, which is Latin for “negligence in itself.”

In negligence per se case, the plaintiff is permitted to take a “short cut” around the normal strictures of proving a negligence case. Typically, the plaintiff must prove four elements: duty, breach, causation, and damages. However, if a plaintiff can bring a suit under a negligence per se theory, duty and breach can be presumed under the facts of the case.

Whether negligence per se applies in your case is a question that can best be answered by a dedicated New Mexico personal injury attorney.

Have You Been Involved in a Drunk Driving Accident?

If you or a loved one has recently been injured in a New Mexico drunk driving accident, you may be entitled to monetary damages to help compensate you for your injuries. Drunk driving accidents are some of the most frustrating and tragic accidents we see, since they are always completely avoidable. However, they still happen with regularity across the state. Make sure that you hold the person responsible accountable for his or her actions and contact a dedicated New Mexico personal injury attorney to discuss your case today. Call (585) 889-3463 to set up a free initial consultation with a dedicated attorney.

More Blog Posts:

Texas Woman Killed After Semi-Truck Crosses into Oncoming Traffic and Hits Three Vehicles, New Mexico Truck Accident Lawyer Blog, September 12, 2014.

Investigation Continues into Semi-Truck Crash that Killed Four Texas Student Athletes, New Mexico Truck Accident Lawyer Blog, October 13, 2014.