Recently, a state appellate court issued an opinion in a personal injury case requiring the court to determine if the jury was improperly instructed and, if so, what the remedy should be. The case is relevant to New Mexico car accident victims because it illustrates the importance of jury instructions, and what can be done to preserve an appellate issue in the event a judge provides the jury with an adverse instruction.
In 2012, two motorists were driving in opposite directions on the same road when one of the drivers lost control of his vehicle, crossed the center line, and crashed into the other driver. The exact cause of the accident was disputed; however, it was clear that the defendant’s vehicle experienced some kind of steering malfunction prior to the collision. The plaintiff filed a lawsuit against the defendant, arguing that his negligence resulted in the serious injuries she sustained to her hand in the car accident.
Negligence Per Se
The plaintiff argued that the defendant knowingly operated his vehicle on a roadway while the vehicle was unsafe. She claimed that this constituted negligence per se because his actions were a direct violation of a law that was enacted to protect the public from unsafe and improperly maintained vehicles.