Can you text and drive in New Mexico?
New Mexico faces a serious issue with distracted driving, leading the nation in deadly car crashes caused by such behavior. This article explores the distracted driving laws in the state, shedding light on what constitutes distracted driving, the penalties involved, prevention tips, and the legal steps to take if involved in an accident.
New Mexico leads the nation in deadly car crashes caused by distracted driving, according to the National Highway Traffic Safety Administration.
With the relentless rise of mobile technology, the prevalence of distracted driving accidents shows no signs of abating. In response, New Mexico has enacted laws that are tailored to address distracted driving. But what exactly are these laws, and what essential information must you arm yourself with if you find yourself involved in a distracted driving accident?
Understanding distracted driving
Distracted driving is not just about texting or talking on the phone. It encompasses any activity that diverts attention from driving, such as eating, talking to passengers, or using a navigation system.
According to the American Safety Council, drivers overestimate their driving capabilities. While most believe they have the ability to do two things at once, only about 2.5 percent of the population actually have the ability to multitask. Everyone else who believes they are multitasking is actually switching back and forth between tasks rapidly.
New Mexico’s distracted driving law
New Mexico’s distracted driving law is outlined in New Mexico Section 66-7-374. Here’s what you need to know:
In New Mexico, drivers are prohibited from reading, writing, or sending text messages while operating a motor vehicle.
Notably, the law doesn’t prohibit drivers from talking on the phone while driving unless the driver has a learner’s permit or is a commercial driver.
Penalties and enforcement
The penalties for violating New Mexico’s distracted driving laws are lenient compared to the rest of the country. Drivers will be fined $25 for their first violation and $50 for any subsequent violation.
New Mexico’s distracted driving law is considered a primary offense, meaning an officer can pull you over for violating the law even if you haven’t violated any other laws.
Distracted driving accidents and personal injury claims
The real consequence of texting and driving becomes apparent if you’re involved in an accident.
Motor vehicle accident lawsuits are generally based on the legal concept of negligence.
In New Mexico, negligence is defined as “the failure to exercise reasonable care to prevent harm to someone else on the road.” If the plaintiff can prove that the defendant was texting (or engaged in some other distracting activity) when the accident occurred, they can generally establish negligence.
What’s more, if the defendant received a citation for violating New Mexico’s distracted driving law, the defendant will be presumed negligent, and the defendant will have the burden of proving that they didn’t cause the accident. This is referred to as “negligence per se.”
Because New Mexico is an at-fault state, the person who causes an accident (i.e., is negligent) is responsible for paying for any damages that result.
When to seek a personal injury attorney in New Mexico
If you’ve been involved in an accident in which a distracted driver may be a factor, it’s a good idea to meet with a personal injury attorney.
An experienced personal injury attorney can help you prove that your accident was caused by a distracted driver by:
- Obtaining cell phone records
- Deposing witnesses
- Deposing the distracted driver
When meeting with a personal injury attorney for the first time, you can help move your case along by bringing some basic information.
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Prevention and safety tips
According to Harvard University, cell phones are addictive due to an intentional design that triggers the release of dopamine, a neurotransmitter associated with pleasure and reward.
To put it simply, users get a small dopamine rush when they receive a text message. Users come to crave the dopamine rush and are unable to resist looking at an incoming text, even if they’re in the middle of driving.
With this in mind, here are some steps you can take to avoid violating New Mexico’s distracted driving law:
- Turn it off and stow it. Turn your phone off or switch it to silent mode before you get in the car. Then, stow it away so that it’s out of sight and reach.
- Spread the word. Record a message on your phone that tells callers you’re driving and will get back to them when you’re off the road, or enable this feature on your phone (if it is offered).
- Pull over. If you absolutely need to text, pull over to a safe area first.
- Use your passengers. Ask a passenger to respond to a text for you.
- Know the law. Keep in mind that every state has different laws regarding distracted driving. Familiarize yourself with the laws of each state that you plan to drive through.
FAQs about distracted driving in New Mexico
Still have questions? Let’s see if we can answer them:
Using a GPS is not considered distracted driving under the law in New Mexico. However, practically speaking, using a GPS may distract you from the task of driving.
Yes, hands-free devices are allowed under New Mexico’s distracted driving laws, so long as you are not a commercial driver or a driver with a learner’s permit.
New Mexico’s statute of limitations for personal injury cases is three years, meaning you have three years from the date of an accident to file a lawsuit, or your lawsuit will be forever barred.
According to the most recent report from the National Highway Traffic Safety Administration, 195 people were killed in fatal crashes due to distracted driving in 2021, which equates to 13.20 deaths per 100,000 licensed drivers.
Generally speaking, men are more likely to be involved in fatal crashes involving distracted driving. In New Mexico, men were more than three times more likely to be involved in fatal crashes involving distracted driving than women.
Distracted driving is a serious issue in New Mexico, but knowing the laws and taking preventative measures can help you stay safe on the road. If you find yourself involved in a distracted driving accident, don’t hesitate to seek the help of an experienced car accident attorney. Most initial consultations are free.
See our guide Choosing a personal injury attorney.