Victim of Texting and Driving? A Las Cruces Auto Accident Attorney Can Help

One of the most dangerous scenarios you can face on the road is a distracted driver. In fact, 1 in 5 car wrecks are attributed to texting and driving, making texting and driving one of the leading causes of accidents in the United States. Even though texting and driving has been illegal in New Mexico since Senate Bill 19 was passed in 2014, distracted driving remains a constant threat for Las Cruces drivers.

Have you been a victim of texting and driving? A Las Cruces auto accident attorney can help. At Carabin Shaw, we are committed to aggressively fighting for victims and their families to get them proper justice. We know what it takes to win the compensation you deserve, and we will do everything in our power to make sure you are taken care of after a Las Cruces auto accident.

How to Prove Your Case

In court, your first step is to prove the other driver was at fault. If they were texting and driving, this should be easy for your Las Cruces car accident attorney to demonstrate. In all 50 states, drivers are legally considered to have a “duty of care” while on the road, meaning they are obligated to drive carefully and not endanger other drivers. Texting while driving is a breach of a driver’s duty of care, making it a negligent act in the eyes of the law. This negligence means the driver is liable to pay for the damages they cause.

A lawyer can show the other driver was at fault by proving the following four elements:

1. The other driver had a duty of care
2. The other driver breached that duty of care
3. This breach was the cause of your damages and injuries
4. These damages can be compensated

You can prove the first two criteria by referencing the law against texting while driving in Las Cruces, then showing that the other driver was texting and driving, therefore violating that law. An auto accident attorney in Las Cruces can then demonstrate how the other driver’s negligence led to your damages, followed by making a case for the types of compensation you should receive.

What Compensation Can You Receive?

If you can prove the other driver was at fault in a Las Cruces auto accident, you could be entitled to compensation for your damages. An attorney can help you recover money for the following types of damages:

• Medical Bills - Treatment costs pertaining to your injuries including doctor’s visits, ER bills, hospital costs, chiropractors, physical therapy, medicine, and more.
• Lost Wages - Wages lost due to missing work or future wages you were unable to earn because of the accident.
• Property Damage - The cost of vehicle repairs as well as personal property damage, like a laptop that was in your car and was damaged during the wreck, for example.
• Pain and Suffering - Payment for your suffering like emotional distress, loss of enjoyment of life, and mental anguish.
• Punitive Damages - A court-issued payment to punish the at-fault driver for extreme negligence.
• Out-of-pocket Expenses - Other expenses you accrue due to the accident, such as over-the-counter medications, nursing care, and Ubers or rental cars, plus more.

To learn more about what kinds of damages you can be compensated for in your case, be sure to speak with an attorney.

How You Can Be Taken Care Of

A Las Cruces auto accident caused by texting and driving can be hard to accept because it so easily could have been avoided. At Carabin Shaw, we believe at-fault drivers should pay because of their negligence, which is why we fight with all our power to give justice to victims of texting and driving accidents. Speak with a Las Cruces car accident attorney at our firm to begin your path to victory. Every lawyer in our office is ready to help you win what you deserve. Call us today for your free initial consultation at 915-779-2301.

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