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Finding Evidence of Distracted Driving After a New Mexico Truck Crash


— January 18, 2022

Sometimes, finding evidence of distracted driving is as easy as viewing a police report.


If you have been injured in a semi-truck crash, you may be relatively certain that the driver of the truck was distracted at the time of the accident. You may feel frustrated that this type of negligence led to serious injuries, and you may be intent on filing a lawsuit and suing the trucker for their misconduct. But how do you actually prove that a trucker was distracted at the time of the crash? This is often one of the biggest challenges for personal injury lawsuits that involve distracted driving. 

Although proving negligence can be difficult, you can approach this situation with a sense of efficiency and confidence if you work with a qualified, experienced truck accident attorney in New Mexico. These legal professionals bring strong investigative skills to the table, and they can find important details that point to a trucker’s negligence. They can also use a variety of strategies to prove that a trucker was distracted at the time of the crash. 

What Constitutes Distracted Driving in New Mexico?

Anything that takes a driver’s attention away from the road can be defined as distracted driving. This includes:

  • Eating
  • Drinking
  • Reading
  • Watching movies
  • Talking on a phone
  • Having an emotional conversation with a passenger
  • Fixing your hair in the mirror
  • Fixing your makeup
  • Fiddling with the music controls

In addition, New Mexico has its own unique distracted driving laws. Sending and reading texts while driving is illegal in the Land of Enchantment. It is also illegal to use a handheld cell phone while driving.

Lawyer Suspended for Causing Accident with Bicyclist and Smashing Cellphone
Photo by Selwyn van Haaren on Unsplash

Finding Evidence of Distracted Driving

Sometimes, finding evidence of distracted driving is as easy as viewing a police report. Authorities may discover evidence of distracted driving inside the cab of the truck, including fast food, portable DVD players, books, and other suspicious items. In addition, authorities may take a trucker’s cell phone and access their text messaging history, which usually contains time-stamped messages. They may then discover that a truck driver was sending text messages seconds before the accident occurred. This is clear evidence that the truck driver was texting while driving. 

Enlist the Help of a Qualified Attorney Today

If you’ve been searching the New Mexico area for a qualified, experienced truck accident attorney, look no further than The Law Office of Brian K. Branch. Over the years, we have helped numerous injured victims in the state of New Mexico, including those who have been hurt by negligent semi-truck drivers. We understand that getting hold of your settlement is crucial, especially when you’re dealing with serious injuries, expensive medical bills, and missed wages. Book your consultation today, and we can help you fight for your rights and pursue justice. 

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