New Mexico Distracted Driving Laws

Finding an Albuquerque Distracted Driving Attorney After a Car Accident

Distracted driving is one of the leading causes of accidents in the United States. As a matter of fact, there are thousands of preventable accidents cause by distracted driving each year, and these accidents lead to injuries and death.

The Land of Enchantment is not immune to these statistics. New Mexico is one of the states where distracted drivers have become a major concern, sparking distracted driving laws for the state. From Albuquerque to Santa Fe, drivers across the state need to wake up, pay attention, and focus on the roads.

In The Article

Examples of Distracted Driving

You get an alert that you’ve gotten a new text. Your dash display asks you if you want to read it or ignore it. You decide to read it. In this situation, you’re not just taking your eyes off the road for a few seconds. You’re taking your entire concentration and much of your consciousness off the road while you read and process the information on the message. Even milliseconds of processing time can distract you from the task at hand: driving.
While many of us consider distracted driving as looking at your cell phone, distracted driving isn’t just using your cell phone. Distracted driving can include:

• Eating while driving
• Turning the radio volume dial
• Talking to passengers
• Looking at or assisting your children
• Filming social media videos
• Changing the radio station/song from your playlist

How Distracted Driving Affects New Mexico Drivers

New Mexico has staggering numbers of distracted driving car crashes. According to Survivors Against Distracted Driving, “41% of all accidents that happen in NM are caused by distracted drivers.” And “there were approximately 284 fatalities attributed to distracted driving” in New Mexico in 2024. It’s important to remember that these aren’t just numbers; they represent real people whose lives have been affected by a moment of distraction behind the wheel.

National and New Mexico Distracted Driving Statistics

According to the United States Department of Transportation:

• Over 320,000 people were injured in car crashes involving distracted drivers in 2023.
• Of the drivers involved in fatal car crashes (ages 15-20 years old) were reported to be distracted.
• 611 pedestrians, cyclists and those no in passenger vehicles were killed due to distracted driving wrecks in 2023.
• The death toll for distracted driving car wrecks in 2023 reached 3,275 people nationwide.

What Are the Three Types of Distracted Driving?

Distracted driving encompasses any activity that diverts a driver’s attention away from the primary task of operating a vehicle safely. This can include texting or using a cell phone, talking to passengers, eating or drinking, adjusting the radio or GPS, and even daydreaming. Essentially, anything that takes your focus off the road can be considered a distraction.

There are three main types of distractions that drivers face: cognitive, visual, and manual.

Cognitive Distracted Driving

Cognitive distractions occur when the driver’s mind is not fully focused on driving. This could be due to daydreaming, thinking about personal issues, or even being preoccupied with a conversation.

Visual Distracted Driving

Visual distractions involve taking your eyes off the road, such as looking at a mobile device screen or turning to talk to passengers.

Manual Distracted Driving

Manual distractions occur when the driver takes their hands off the steering wheel, like reaching for something in the backseat, typing a text, or adjusting the controls on the dashboard.

One common misconception about multitasking while driving is the belief that it’s possible to effectively divide attention between driving and other activities. However, research has shown that the human brain is not capable of truly multitasking when it comes to complex tasks like driving.

Instead, what often happens is task switching, where the brain rapidly switches its focus between different tasks. This can lead to slower reaction times and decreased ability to recognize and respond to hazards on the road. So, while you may think you’re capable of texting and driving safely, the reality is that doing so significantly increases the risk of an accident.

What Are the Distracted Driving Laws in New Mexico?

New Mexico outlawed texting while driving in 2014, and then updated NM Stat § 66-7-374 in 2021. The law prohibits drivers from texting while “in actual physical control of a motor vehicle on a highway or street.” The law clearly prohibits texting while driving, but it may come as a surprise to some drivers that this law also applies to drivers who are temporarily stopped, such as while sitting at a traffic light or waiting in standstill traffic. If you’re behind the wheel of a vehicle, you can be fined for texting. The statute calls for a fine of $25 for the first offense of texting while driving and increases to $50 for all subsequent offenses.

Can You Use a Cell Phone in New Mexico While Driving?

No, drivers are not allowed to use cell phones while driving in New Mexico. In addition, specific laws include the following rules for driving with a cell phone in New Mexico:

• Commercial drivers are not allowed to use a cell phone while driving due the risk of truck accidents.
• Other drivers are not allowed to read, view, or type a text message on a hand-held cell phone while driving according to New Mexico law.
• It is illegal to use a phone for calls or texting at stoplights, stop signs, and traffic signals in New Mexico as it still falls under the law’s definition of “driving.”
• Drivers who pull over to the side of the road and park the car are allowed to text or take calls.
• Police may seize cell phones to check if text messages were sent or received.

A distracted driving traffic violation isn’t proof of negligence in an accident on its own. However, a distracted driving accident lawyer can use the ticket as a legal basis for a pattern of carelessness by the driver.

Safety Tips to Avoid Distracted Driving

Practicing safe driving starts with understanding how dangerous distracted driving can really be. While you may believe there are emergency situations in which you require your cell phone while driving, preparing for those situations every time you drive can reduce the chances you’re distracted on the roads.

Taking safety measures every time you get into your car can help you avoid distracted driving. Practical steps drivers can take include:

• Prior to driving, ensure that your vehicle is free from distractions. Stow away your phone, secure loose items, and organize any materials so they won’t shift while driving.
• Take advantage of hands-free features in your car, such as Bluetooth connectivity for calls and voice-activated commands for navigation or music. However, avoid interacting with complex technology that diverts your attention from the road.
• Plan your route and any necessary adjustments before starting your journey. This minimizes the need for on-the-go navigation and reduces the temptation to check your phone or GPS while driving.
• Be mindful of your thoughts and actions, avoiding multitasking or daydreaming. If you find your mind wandering, gently redirect your focus back to the road.
• Set a positive example for passengers, especially young drivers or family members. Demonstrate responsible driving habits by avoiding cell phone use and other distractions yourself, emphasizing the importance of safety behind the wheel.

Additional Resources to Learn More About Distracted Driving

• Ending Distracted Driving is Everyone’s Responsibility (National Safety Council)
• Tips for Preventing Distracted Driving (AAA Foundation for Traffic Safety)
• The Dangers of Distracted Driving (Federal Communications Commission)
• EndDD.org (End Distracted Driving)
• Traffic Safety (New Mexico Department of Transportation)

Contact Ron Bell’s Albuquerque Distracted Driving Attorneys for a Free Consultation

If you or someone you know was injured or killed in a car accident that involved a distracted driver, contact the experienced Albuquerque car accident attorneys at Ron Bell Injury Lawyers today. We work hard to help our clients navigate the complexities of insurance claims, gather evidence to support their cases, and pursue the compensation distracted driving victims deserve. We know how insurance companies work, and we can help you calculate the recovery you deserve based on your medical bills, lost wages, pain and suffering, and any other damages.