Consequences of Using Your Cell Phone While Driving in New Mexico

November 29, 2024 | Car Accidents

Consequences of Using Your Cell Phone While Driving in New Mexico

Laws about using a cell phone while driving vary by state, but most authorities agree that it significantly increases the risk of accidents. Beyond the potential for collisions, there are additional consequences for driving while distracted by a mobile device.

Consequences of Using a Cell Phone While Driving in New Mexico

Below are several of the consequences you could face for using your cell phone while driving in New Mexico:

Traffic Citations and Fines

Several cell phone laws in New Mexico drivers should be aware of because they could result in significant consequences. NM Stat § 66-7-374 prohibits drivers from reading or viewing a text message while driving. They cannot manually type on a handheld mobile device.

The statute defines text message as a digital communication transmitted or intended to be transmitted through communication devices, including:

  • Electronic mail
  • Text messages or images
  • Instant message
  • Command or request to an internet site

A few exceptions include computer-aided dispatch services used by rescue and law enforcement personnel. A driver may manually type on a handheld device to summon emergency or medical help.

The fine for the first violation of no texting while driving is $25, and a second violation results in a $50 fine. Some cities in New Mexico, including Albuquerque, have enacted tougher laws and fines for texting while driving. Always check local ordinances to avoid fines and penalties.

Commercial Drivers Who Use Cell Phones While Driving

NM State § 66-7-375 prohibits using a handheld mobile communication device while driving a commercial motor vehicle for any reason. The only exception is to call for emergency or medical help.

In addition to the fine assessed by the state, a truck driver who uses a handheld device while driving faces federal penalties. The FMCSA imposes civil penalties of up to $2,750 on the truck driver and civil fines of up to $11,000. Truck drivers may also be disqualified from driving for multiple offenses.

New Mexico reported hundreds of accidents related to cell phone use in 2022. However, the report also includes accidents related to driver distraction by texting and driving or distracted by talking on hands-free devices. The federal government reported that 3,308 people died and 290,000 people were injured in distracted driving accidents, including cell phone use, in 2022.  

Many drivers may not admit they were using a cell phone at the time of the accident. Unless there is evidence to the contrary, cell phone use may not be noted in the accident report. Therefore, the rates of traffic accidents related to cell phone use could be much higher.

Injuries and Fatalities From Distracted Driving

Distracted driving, including crashes caused by cell phone use, causes catastrophic injuries and deaths. Common injuries caused by distracted driving and cell phone use accidents include:

Some injuries may result in wrongful deaths, disabilities, and permanent impairments. The recovery period could be lengthy and costly for accident victims.

Financial Consequences of Using a Cell Phone While Driving

Using a cell phone and driving may result in financial consequences. Examples include:

Fines and Higher Insurance Rates

Traffic tickets may increase your insurance rates because the company views you as a risk. Drivers repeatedly ticketed for texting while driving could cause a distracted driving accident.

Distracted driving accidents also increase your insurance premiums. Your insurance company may refuse to renew your policy, depending on the circumstances.

Loss of Jobs

Commercial drivers who drive while using a cell phone could lose their driving privileges. A suspended CDL impacts their career and ability to earn an income.

Distracted Driving Accidents

Distracted car accidents caused by cell phone use can result in significant damages. The accident victim may sue the at-fault driver for economic and non-economic damages, including:

  • Permanent impairments and disabilities
  • Medical bills and expenses
  • Scarring and disfigurement
  • Rehabilitation and therapy
  • Lost wages and benefits
  • Emotional distress and mental anguish
  • Reduced earning capacity
  • Pain and suffering
  • Loss of enjoyment of life
  • Out-of-pocket expenses
  • Diminished quality of life

The value of the damages depends on the facts of the case. Generally, victims who suffer catastrophic injuries have higher damages. However, all accident victims deserve to be compensated fully for the damages caused by a negligent driver.

How Do You Prove Fault for a Car Accident Caused by Using a Cell Phone While Driving?

The accident victim has the burden of proving the legal elements of negligence to recover compensation for a car accident case. Proving the driver was breaking the cell phone law can be helpful. If you have cell phone records to prove the allegations, you can use negligence per se to prove your claim.

However, proving that cell phone use caused the crash is not necessary. In a distracted driving accident, you prove the elements of negligence, which are:

  • The driver who caused your accident owed a legal duty of care to you.
  • The driver’s conduct breached that duty of care.
  • The breach of duty was the proximate and direct cause of the car accident.
  • You incurred damages and sustained injuries because of the car crash.

For example, suppose a driver is texting and does not see the light change to red. The driver runs the red light because they are looking at their cell phone and smashes into your car. Instead of proving the person was using a cell phone, you can prove that the driver failed to yield the right of way (i.e., breach of duty) and slammed into your car, causing the accident (i.e., causation).

Contact an Experienced Albuquerque Car Accident Lawyer for Help With Your Claim

If you were injured in a car accident in Albuquerque, NM, and need legal help, contact our Albuquerque car accident attorneys at Runion Personal Injury Lawyers to schedule a free case review today.

Runion Personal Injury Lawyers
400 Gold Avenue SW Suite 650
Albuquerque, NM 87102
(505) 594-3621

Runion Personal Injury Lawyers
1221 E Osborn Rd. Suite 201
Phoenix, AZ 85014
(602) 595-5559