Do you know the penalties for using your phone illegally while driving in New Mexico? Distracted driving can lead to life-altering consequences in Albuquerque, New Mexico. Keep reading to understand New Mexico’s distracted driving laws, and what to do if you are injured by a distracted driver.
What Does New Mexico Law Say About Using Cellphones While Driving?
According to DrivingLaws, New Mexico’s distracted driving laws prohibit all motorists from text messaging while operating a vehicle. For purposes of the distracted driving laws, “text message” means a digital communication transmitted or intended to be transmitted between communication devices. This definition includes email, instant messages, regular text messages, and commands or requests to an internet site (including social media).
The texting ban doesn’t apply to:
- device use for the purpose of contacting medical or emergency assistance
- a GPS or navigation system
- devices that are physically or electronically integrated into the vehicle, or
- devices in voice-operated or hands-free mode.
For most New Mexican drivers, there aren’t any restrictions on talking on a phone while driving. However, anyone operating a commercial vehicle is prohibited from using a handheld mobile communication device for any purpose (including talking on the phone) while operating that vehicle.
For purposes of the distracted driving laws, “driving” means being in actual physical control of a vehicle on a highway or street. This definition includes temporary stops because of traffic, a stop sign, or a stoplight.
The commercial driver handheld device ban doesn’t apply to:
- device use for the purpose of contacting medical or emergency assistance
- a GPS or navigation system
- devices that are physically or electronically integrated into the vehicle, or
- devices in voice-operated or hands-free mode.
Penalties for Breaking Distracted Driving Laws in New Mexico
A commercial vehicle texting or cellphone ticket carries a $25 fine for a first violation and a $50 fine for a second or subsequent violation.
For non-commercial drivers, a texting ticket carries a $25 fine for a first violation and a $50 fine for a second or subsequent violation.
Depending on the circumstances, a texting or cellphone violation could also lead to a reckless driving conviction. And if one of these offense results in the death of another person, vehicular homicide charges are also a possibility.
And these base fines can increase if you are charged with other violations.
If you kill or injure someone because you were using a handheld device illegally, you could face much higher fines, years of jail time, and years of license suspension. Distracted driving can result in far worse penalties than even high fines or prolonged jail time. You could have to live the rest of your life knowing you killed or seriously injured someone because of a text or social media post.
While distracted driving laws regarding texting and cellphone use exist to decrease the number of roadway injuries and wrongful deaths, self-discipline can be one of the most guaranteed ways to avoid the negative consequences of driving while distracted.
What is Considered Negligence in New Mexico?
Whether you are seeking compensation for an injury or trying to defend your actions in a personal injury case, negligence will be the topic of discussion. New Mexico operates under the “pure comparative negligence” law, according to FindLaw. Under New Mexico law, everyone is responsible, not only for the result of his or her willful acts but also for injury or damage done to another person through the neglect of ordinary care or skill in the management of his or her property or person. If a driver is responsible for any part of the activities that led to injury, the compensation will be adjusted in accordance with a percentage of fault assigned to each driver. If the accident was caused due to breaking distracted driving laws, the percentage of fault may be reflected in the compensation for the car accident case, including property and bodily injuries.
Your Rights if You Are Injured Because of Illegal Cellphone Use
While New Mexico laws do help decrease car accidents and injuries, many accidents still happen as a result of distracted drivers using cellphones and other devices illegally. If you have been injured or your loved one has been injured because of careless, distracted, or reckless driving, it’s time to get the justice you deserve! Injuries from car accidents can lead to a lifetime of medical bills, lost wages, and pain and suffering. You need an experienced personal injury attorney to help you get the compensation you are rightfully owed.
Were you injured because of a negligent or careless driver in Albuquerque, New Mexico?
Contact your personal injury attorney at 505.764.9710 or online!
715 Marquette Ave. NW
Albuquerque, New Mexico 87102I
Tel: 505.764.9710
Toll-Free: 888.972.1212