Most personal injury claims come from the individual who got hurt through someone else’s wrongful acts or negligence. However, sometimes the neglect or bad behavior of one individual or a business results in a loss of life.
When someone dies because of the actions or mistakes of another person, their surviving family members sometimes have the right to pursue a wrongful death claim. Under New Mexico law, such lawsuits are an option in scenarios involving wrongful acts, neglect or defaults.
If you have recently lost a loved one because someone chose to text while driving, does that situation mean that your family could pursue a wrongful death claim?
Texting while driving is illegal in New Mexico
For years now, New Mexico state statutes have explicitly prohibited manual use of mobile phones while in control of a motor vehicle. People can use talk to text or other hands-free communication technology, but they should not have their phone in their hands, especially not to type out a text message or email manually.
The drivers who violate this rule run afoul state law and could find themselves paying a ticket if police officers catch them. If someone distracted at the wheel causes a crash and kills someone, their decision to text is a wrongful act that opens them up to claims made by surviving family members.
How do you prove that someone texted while driving?
Sometimes people admit their faults after a crash, but many people try to lie or hide their misconduct. The simplest way to prove that someone inappropriately used mobile technology while at the wheel of a vehicle is through a review of their phone records.
While someone could delete a social media update or a text message composed while driving, their telephone service provider will still have records. You may be able to request such records as part of a pending lawsuit. You may also be able to request access to security camera or traffic camera footage that shows the individual with their phone in their hands immediately prior to the crash.
Once you have proof that they improperly used technology while driving, you will be in a good position to explore your right to a wrongful death claim.
