The temptation is great.  You are in your car on your way to a restaurant and running late.  You want to inform your friends — you’ll be there in 10 minutes.  You grab your phone and start texting, only to look up a few seconds later seeing the rear end of the car in front of you coming up on you fast. You slam on the brakes. Safe this time! It’s happened to pretty much everyone with a smartphone at least once.

According to the National Safety Council, crashes caused by hand-held cell phone use while driving accounts for 1.6 million accidents each year in the United States. And among those, roughly 390,000 injuries occur each year from accidents caused by texting. That means one in four accidents now in the United States are caused by texting while driving – an epidemic. When you text, you take your eyes off the road for an average of 4-6 seconds, a 400% increase of time spent with eyes off the road. Driving at 55 miles per hour in 5 seconds is the equivalent of travelling the entire length of a football field! A lot can happen in 5 seconds.

The real tragedy is that accidents caused by texting are totally preventable, and the group most likely to fall victim to the texting temptation are teenagers.  According to the National Highway Traffic Safety Administration, 20% of drivers aged 18-20 say texting does not affect their driving, and worse 30% of those aged 21-34 feel the same. And it’s no surprise that of among 3,166 people killed by distracted driving in 2017 in the United States, the largest age group represented were teens.

The top causes of distracted driving, of which texting is just one activity, include the use of GPS, adjusting music or car controls, talking on the phone, and applying makeup, so extra care needs to be applied when engaging in these other more essential actions (except for the makeup!). As an aside, drivers engage in a scary range of activities while travelling in their cars, including singing while travelling down the road and eating a meal, and cursing at other drivers — according to Pew Research.

In 2014 New Mexico made it illegal to text or talk on a phone while driving. In all but four states an officer can pull you over and ticket you just for texting or using a hand-held phone. The law however does not apply to hands-free devices, GPS, or devices integrated into the vehicle. The first fine for texting is $25, the second $40. A texting driver is legally liable for damages ensuing from an accident of their making.

If you are involved in an accident caused by a texting driver:

• Call 911
• Accept medical attention, even if you think you are not injured
• Take as many photos as possible
• Secure witness statements
• Inform the officer you think the other driver was on their cell phone

What makes these actions so essential in this kind of accident is that it may be necessary to subpoena phone records of the driver who caused the crash. An attorney is the only person who can subpoena phone records. Prince, Schmidt, Korte and Baca can help.  Please call us for a free consultation.

If you are like most people, you may have been involved in an auto accident or two in your life, your fault or not.  And like most, you think the reimbursement to you for injury or damages is non-negotiable.  Not so.  There are many actions you can take to receive the maximum amount you deserve in the aftermath of an accident.  The insurance company is committed to handing out the minimum amount reimbursement for your claim.

This first line of defense in protecting your rights is to collect evidence and information at the accident scene.  Collect names of those involved in the accident, the year, make model of their car including license plates, obtain witnesses, gather insurance info and driver’s licenses.  Call the police, but do not rely on the police to file a report, and most certainly do not admit fault.  Do not make a recorded statement to an insurance adjuster.  Do not say you were not injured.

You do not have to accept the first amount that an insurance company presents to you.  Research the value of your car and its repairs by visiting several local mechanics.  Kelly Blue Book and Edmunds are reliable online resources to help you calculate the current value of your car if the car is a total loss.  Total loss does not mean your car is a smoking heap; rather it means the cost of repairs exceeds as little as 51% of the current value of the car.  Claim a higher value for repairs. Unless your car is less than one year old, expect the insurance company to use aftermarket parts. Some companies will consider a 2-year-old car new but anything beyond that will get aftermarket and used parts. You will have to pay extra for new replacement parts.

You do not have to accept the first offer an insurance company offers you!  Ask them to justify their first offer.  Also, keeping receipts, for example for new tires and other improvements will assist in increasing the declared value of your vehicle.  Push for a higher valuation.

New Mexico is an at-fault state, meaning each driver is assigned a percentage responsibility.  Clear cut responsibility is assigned to the following accident types:

• Rear-ending
• Drunk driving
• Texting while driving
• Right of Way issues
• Crossing the middle line
• It gets sticky in less clear-cut situations which is why gathering information at the scene of the accident is so important.  Fault is distributed after a determination is made in proportions. For example, at a trial, the jury decides that the total amount of damages is $100,000. You were 80 percent at fault, and your opponent was 20 percent at fault. In this situation, you would be able to recover 20 percent of $100,000, which is $20,000 of damages

Keep in mind the insurance company does not want to go to court on these accidents, so a little higher value for your vehicle or its repairs is an attractive alternative to legal proceedings. You do not need to rush.  Especially when bodily injury is involved you may find that seeking legal representation is the way to go.  Prince, Schmidt, Korte and Baca is here to help you should you need legal assistance.