Albuquerque Distracted Driving Accident Attorney

What is Distracted Driving?

According to the National Highway Traffic Safety Administration (NHTSA), distracted driving is any activity that distracts from the primary task of driving.

Distractions generally fall into the following categories:

• Visual Distractions: Anything that takes your eyes off the road, even momentarily, reduces your ability to detect and respond to hazards.
• Manual Distractions: Removing your hands from the wheel to perform tasks such as eating, adjusting controls, or using your phone can lead to losing vehicle control.
• Cognitive Distractions: When your mind is elsewhere—whether daydreaming or deeply involved in conversation — it can impair your reaction time and decision-making.

Busy roads and the frequent use of mobile devices exacerbate the risk of distracted driving in Albuquerque. Despite New Mexico’s efforts to curb these behaviors, accidents caused by distracted driving are still common.

Phone Use, Texting & Other Driver Distractions

Texting while driving is often viewed as the most dangerous form of distracted driving, but it’s certainly not the only one. Other common distractions include:

• Talking on the phone
• Checking emails or scrolling through social media
• Using GPS or navigation apps
• Eating and drinking
• Adjusting the radio or other in-car systems
• Engaging in conversation with passengers

To combat this issue, New Mexico has strict distracted driving laws. Since 2014, texting while driving has been banned statewide, and cities like Albuquerque have implemented further restrictions on phone use while driving.

Other Types of Distracted Driving in Albuquerque

While phone-related distractions tend to get the most attention, many other activities can divert a driver’s focus and lead to accidents, such as:

• Grooming, like applying makeup or shaving
• Eating or drinking while behind the wheel
• Programming or interacting with a GPS device
• Engaging in a conversation that takes your attention away from the road

Though some behaviors may not be expressly prohibited by law, they are still dangerous and can result in crashes.

Distracted Driving Statistics

Data from the NHTSA and New Mexico Department of Transportation (NMDOT) highlight the dangers posed by distracted driving:

• In 2021, over 3,500 people in the U.S. were killed in accidents involving distracted drivers.
• A large percentage of fatal accidents involving teenagers are linked to distracted driving.
• Even with laws in place, numerous drivers continue to use their phones while driving during daytime hours.

NMDOT reports that distracted driving has contributed to thousands of accidents across New Mexico, many resulting in severe injuries or fatalities.

Legal Options for Distracted Driving Accident Victims

If you’ve been injured in a distracted driving accident, you can seek compensation for your losses under New Mexico law.

Proving the other driver was negligent is often the key to these cases, as distracted driving typically constitutes a breach of the duty to drive safely. Evidence that the other driver was texting, eating, or otherwise distracted strengthens the negligence case.

Compensation for Distracted Driving Injuries

Once negligence is proven, you may be entitled to recover financial compensation for your losses. Each case is unique, and the amount of compensation will depend on the severity of your injuries. If you can show that the other driver’s distraction directly caused your injuries, you may be eligible to recover:

• Economic Damages: These are measurable costs like medical bills, lost wages, and diminished earning capacity.
• Non-Economic Damages: This compensates for more subjective losses, such as pain and suffering, emotional distress, and reduced quality of life.

Deadlines & Limits on Distracted Driving Claims

Acting quickly after an accident is crucial. New Mexico law sets a three-year statute of limitations for personal injury claims. Failing to file within this timeframe can result in losing your right to compensation

Additionally, New Mexico follows a “pure comparative fault” rule. This means that even if you are partially responsible for the accident, you can still seek compensation. However, your recovery may be reduced by your percentage of fault.

An Albuquerque Distracted Driving Accident Lawyer Can Help

After a distracted driving accident, the stress of dealing with medical bills, missed work, and emotional trauma can feel overwhelming. An experienced Albuquerque distracted driving accident attorney can provide vital assistance by:

A Thorough Investigation

Your attorney will investigate the crash to uncover whether distracted driving played a role. This may involve gathering cell phone records, video footage, and witness statements to establish the other driver’s negligence.

 Prove Fault

A skilled attorney will work diligently to prove that the other driver’s distraction directly led to the accident. By demonstrating this link, your attorney can strengthen your compensation claim.

Negotiate with Insurers

Insurance companies often try to minimize payouts by downplaying the severity of your injuries. With a knowledgeable attorney handling negotiations, you stand a better chance of receiving the total compensation you’re entitled to.

Accurately Assess Damages

Distracted driving accidents can result in various losses, from medical expenses to lost wages and emotional trauma. Your attorney will assess the full extent of your damages and ensure they are accounted for in your claim.

Represent You in Court

If a fair settlement cannot be reached through negotiations, your attorney will be ready to take the case to court. They’ll be by your side throughout the trial process to ensure your rights are protected.

Injured by a Distracted Driver in NM? The Law Giant Wins Big

Whether a driver is texting, adjusting the radio, or distracted in some other way, their negligence puts you at serious risk. If you’ve been injured by a distracted driver in Albuquerque, NM, you need an experienced personal injury attorney to help you seek justice and compensation. At The Law Giant Injury Lawyers, we are here to help you get the justice and compensation you deserve.

We offer free consultations and work on a contingency basis, meaning there’s no fee unless we win your case. Contact The Law Giant at 505-900-0000 or contact us online to schedule your free consultation and take the first step toward recovery.