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Distracted Driving Lawyer in Hobbs, NM

Distracted driving involves any activity that takes your eyes off the road, hands off the wheel, or mind off driving—and it claims nine lives every day. New Mexico is often at the top of the list for distracted driving fatalities every year, sometimes doubling the national average in specific categories.

The car accident lawyers at Kemmy Law Firm understand the frequency of distracted driving accidents and their impact on victims. Our team will gather the necessary evidence to prove the other driver was distracted and strengthen your claim for compensation. Contact our family of lawyers today to schedule your free consultation at (575) 222-8549.

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New Mexico Distracted Driving Stats

Distracted driving has been an issue in New Mexico for years, and the New Mexico Department of Transportation has launched several awareness campaigns, such as DNTXT, to combat this epidemic. According to the National Highway Traffic Safety Administration’s Fatality and Injury Reporting System Tool, there were 174 fatal motor vehicle crashes in 2021 caused by distracted driving.

Another source gathered data from 2015-2019 and found that New Mexico was by far the worst state overall for distracted driving. Their data revealed that New Mexico has 53.9 distracted driving fatalities per 10 billion miles traveled. This is five times greater than the national average. Nationally, distracted driving claimed 3,522 lives in 2021, which is 522 more than the annual average of 3,000.

Types of Distracted Driving

When many think of distracted driving, they assume it only involves taking your eyes off the road. However, drivers could be distracted in other ways. The CDC states that there are three main types of distracted driving: Visual distractions, manual distractions, and cognitive distractions.

Visual Distractions

Visual distractions involve any activity that takes your eyes off the road. Types of visual distractions include the following:

Reading a text
Looking at your GPS
Looking at billboards
Rubbernecking (viewing a car accident)
Checking your appearance in the mirror

Manual Distractions

Manual distractions include activities that take your hands off the steering wheel. Examples of manual distractions include the following:

Eating or drinking
Reaching for items in the back seat
Grooming
Adjusting the radio
Texting
Feeding your dog or letting them sit in your lap (31% of drivers are distracted by their dog in the car)
Putting on makeup
Adjusting the air conditioning

Cognitive Distractions

Cognitive distractions occur when a driver takes their mind off the road. In other words, they may be looking at the road with their hands on the wheel, but they could be thinking of something else, which lowers their reaction time. Examples of cognitive distractions include the following:

Daydreaming
Driving while angry or sad
Zoning out to loud music
Talking to passengers
Mental fatigue
Noisy children in the back seat

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New Mexico Laws on Texting & Driving

According to N.M. Stat. § 66-7-374, drivers are prohibited from reading, viewing, or manually typing text messages on any handheld mobile communication device, including cell phones and tablets.

This law applies anytime a driver is operating a motor vehicle, whether at a stop light or on the highway. The only time a driver can use a phone is in an emergency situation. First-time offenders of New Mexico’s texting and driving law will be fined $25, and a second offense will result in a $50 fine.

Although this law only covers texting and driving, drivers can still be at fault if a distraction causes an accident. For example, if a driver reaches in the backseat and rear-ends you, they could be found negligent and responsible for your damages.

Texting & Driving Accident Stats

Almost everyone in the country has some kind of mobile device. While cell phones solve many problems daily, recent data reveals the consequences of not putting them down while driving. In fact, texting at a speed of 55 miles per hour is like driving the length of a football field blindfolded. The New Mexico Department of Transportation states that texting and driving makes you 23x more likely to crash.

The issue of texting and driving is common among young adults and teens. According to a 2019 survey of U.S. high schools, 39% of students texted or emailed while driving at least once in the past 30 days.

Testimonials

When you put clients first, they notice.

They fought for us as if they were fighting for their own family.

If you’re looking for a law firm, where you’re not just another client. I can say from personal experience, you have found the right place at The Kemmy Law Firm. Everyone there always treated us amazingly. Not at any time were we in the dark, not knowing what was going on. Either Tom, Nick or Melissa would give us updates often on the case and explain to us the next steps. Which this made us feel like we were the only case they had. They fought for us as if they were fighting for their own family. They were compassionate about making sure we were going to be all right during the case as well as the years after the case. We are so thankful we found the Kemmy Law Firm and you will be too. Thank you Tom, Nick, and Melissa and everyone at The Kemmy Law Firm.

Stacey Mitchell | 07.19.2019 | See All Reviews

How to Prove Another Driver Was Distracted

If you believe the driver that hit you was texting, rubbernecking, or distracted in another way, you must gather the right evidence to support your claim. Your attorney may use the following pieces of evidence in your case:

Police Report – Police are often the first to respond to a car accident, and their report could indicate who was at fault for the crash.
Eyewitness Statements – Other drivers on the road or pedestrians might have witnessed the at-fault driver texting right before they hit you. Their testimony could help strengthen your case.
Cell Phone Records – If you believe the other driver was texting, your attorney might be able to subpoena phone records that help prove this fact.

Our Verdicts and Settlements
Speak for Themselves

New Mexico Oil Field Worker Suffers Back Injury

We obtained a $2 Million settlement for a New Mexico Oil Field worker.

18-Wheeler Parks on Side of Road and Causes Catastrophic Injury

We recovered a confidential 7 figure settlement (in the millions) for a West Texas family man.

Child Suffers Closed Head Injury at Amusement Park

The Kemmy lawyers secured a $2.3 Million settlement.

Permanent Brain Injury

The Kemmy firm secured an $8 Million settlement on behalf of a client who suffered a brain injury when basic safety rules were violated.

MORE CASE RESULTS

Compensation for Distracted Driving Accidents

If a driver hits you at full speed while you’re at a red light or sideswipes you on the highway, you could suffer several types of injuries that result in the following damages:

Current and ongoing medical expenses
Lost wages
Lost earning capacity
Loss of consortium
Physical pain
Emotional suffering
Disfigurement

Injured by a Distracted Driver? Call Us Today

Distracted driving accidents could be challenging to prove, and you need an experienced attorney who knows how to fight for fair compensation. The family of lawyers at Kemmy Law Firm have helped injured victims recover from traumatic car accidents for years.

Let us negotiate with the insurance company and handle every aspect of your case. Contact us today at (575) 222-8549 for a free consultation.

Kemmy Law Firm, P.C.

1601 North Turner Street Suite 417, Hobbs

5.0 12 reviews

R N ★★★★★ 2 months ago
Nick was very easy to deal with. Very professional and understood the case very well. I hope to not have to work with him again (because not wanting another injury), but, if I do, I will work with again. Thanks for everything!
Manuel Arteaga ★★★★★ 2 months ago
We were looking for someone to takeour case and We were unresponsive from some layers, either from well recogniced firms and I'm so grateful for that because since the first day that we spoke with Nick we knew that we will be well … More represented. He was very honest, clear, diligent and communicative thru the process. His work ethics are first class. I put him as a role model for my kids to know How a Profesional Person should be. Words are less of how greatfull we are to count with Him to represent us. Thank you Nick and your Team. Many Blessings!
Cynthia Garza ★★★★★ 9 months ago
This law firm is professional , diligent and cares about their client. They were
able to settle our suit at the first round of mediation. We were well informed about the process and knew what to expect.. The staff kept us informed and responded … More in a timely fashion to all correspondence .
Stuart Kunkel ★★★★★ 10 months ago
I should have called Kemmy Law Firm, P.C. first
For six months I have been dealing with an insurance company that would not reimburse me for a rental car I paid for out of pocket.
I spoke to 10 different attorneys and nobody could help … More me.
Then I called the Kemmy Law Firm, P.C. during a 15 minute phone call I got a Professional, Direct, Legal consultation that set me on the right course to handle my situation.
The Kemmy Law Firm, P.C. is Polite, Respectful, and Sincerely Care about You enough to explain the legality of the Law with patience.
Stuart
Jerry Guillen ★★★★★ 10 months ago
Tom Kemmy helped me with a case about 20 years ago involving an insurance claim I had issues with and we were able to get the insurance to pay their part. I was very satisfied with Tom’s service. Also throughout the years since Tom has … More referred me and guided me in the right direction for legal questions. He is certainly a great person also because I personally know of him helping a grieving family that suffered the loss of 2 family members and he helped them gracefully. Thanks Tom for all you do.

Contact Kemmy Law Firm Today

(575) 222-8549 ONLINE FORM

Get a free consultation. We do not charge up-front fees, and you owe nothing unless you recover compensation.

When you work with us at Kemmy Law Firm, you are working with a family run firm with more than 50 years of combined experience. We are dedicated and successful trial attorneys practicing in West TX, Hobbs, NM, Midland-Odessa, and across the Permian Basin. Our team handles everything from catastrophic injury claims to complex business matters. We are here to fight for you. We dedicate our time and attention to your case and use every resource available to maximize your claim and obtain the best possible outcome.