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Dust Storms and Bad Weather Motor Vehicle Collisions

Posted by Chance Gauthier | Feb 27, 2023 | 1 Comment

Gauthier & Maier Bad Weather and Dust Storm Attorneys

Bad weather conditions can cause devastating motor vehicle collisions. Dust storms, snow, ice, fog, and rain can affect a driver's visibility and create other dangerous conditions which can lead to severe injuries for many drivers across the state through no fault of their own.

At Gauthier & Maier Law, we have experience with some of the most complex storm cases in the State of New Mexico which caused multiple commercial motor vehicle pile ups, catastrophic injuries and wrongful deaths. Therefore, we understand the complexity these claims can pose and the impact these collisions can have on an individual and their family. The attorneys at Gauthier & Maier Law will advocate for you at every step of the litigation process. Contact Gauthier & Maier Law today to schedule a free case evaluation and learn more.

Heavy Winds and New Mexico Dust Storms 

Dust storms, sometimes referred to as haboobs, occur when strong, violent and/or oppressive winds pick up dirt, sand, and debris, lifting it into the air. The wide-open spaces in the arid climate of New Mexico make New Mexico drivers vulnerable to dangerous dust storms throughout the seasons. Recently, areas of New Mexico were hit with a dust storm that included wind gusts of up to 94 mph and blinding conditions for motor vehicle drivers.

Dust storms and/or haboobs can drastically limit visibility for motor vehicles, and can cause some motor vehicles or trailers to tip over and cause obstructions in the roadway. Multi-vehicle pileups aren't uncommon during New Mexico dust storms and are usually caused by the unsafe and negligent handling of one or more drivers. Although dust storms can appear suddenly, drivers still have a legal duty to drive reasonably under the circumstances. Often accidents occur, because drivers in motor vehicles confronted with a dust storm do not:

  • Check for surrounding vehicles and slow down.
  • Pull over or exit the highway immediately before the dust reaches them;
  • Once safely pulled off of the highway or main thoroughfare take their keys out of the ignition and take their foot off the brake so the tail lights are not illuminated.

Proving Liability After a Dust Storm or Bad Weather

Bad weather conditions make driving hazardous. While none of us can control the weather, we can control how we respond to dangerous weather conditions while traveling. As with any type of car collision, victims need to prove that the other driver is liable for the accident that caused their injuries.

When a driver's negligent or unsafe actions worsen during a storm, they can cause a devastating collision with serious injuries. For example, when the driver ignores the hazardous weather conditions and engages in reckless behavior or driving while distracted, the victim may have a strong claim for damages. Some of the negligent actions drivers take that can cause motor vehicle collisions in bad weather include the following:

  • Driving too fast under the conditions, even when driving under the speed limit
  • Following another driver too closely, also called tailgating
  • Unsafe lane changes
  • Improper passing
  • Driver distraction
  • Choosing to drive in extremely low visibility 
  • Driving while distracted during bad weather
  • Driving with deflated or thread-worn tires
  • Improper stopping of vehicles in the middle of intersections

Recoverable Compensation After Being Injured in a Collision

What if you did everything you were supposed to do in a dust storm or other bad weather condition, but a negligent driver still struck you? If you've suffered an injury in a motor vehicle collision that wasn't your fault or was brought about by bad weather conditions, you can pursue compensation. 

Victims can pursue a settlement from the at-fault driver's insurance company. They can also pursue compensation through a personal injury lawsuit against the party or parties whose negligence caused their injuries. Under New Mexico law, personal injury victims are entitled to recover economic and non-economic damages, including:

  • Past, current, and future medical expenses
  • Lost income due to missed work because of your injuries
  • Pain and suffering, anxiety, depression, diminished quality of life
  • Mental anguish from the motor vehicle accident and resulting injuries
  • Punitive damages in some cases

Contact a dust storm and bad weather accident attorney that serves the entire State of New Mexico.

If you become injured in a dust storm or bad weather collision because of another person's negligence, it's essential that you discuss your case with a skilled attorney. The New Mexico personal injury attorneys at Gauthier and Maier Law know how to hold insurance companies and defendants accountable for the injuries they cause. We offer potential clients a free, no-obligation consultation. Call Gauthier & Maier Law at 505-226-0009 to discuss your case with an experienced attorney and learn whether you have a valid legal claim for compensation. 

About the Author

Chance Gauthier

Attorney Chance has the specialized knowledge and skill to handle even the most complex civil claims in the State of New Mexico. Chance had previously defended insurance companies and learned the ins and outs of the insurance industry. Chance now utilizes that insider knowledge to advance his injured clients claims and ensure his clients are being treated justly and fairly. For most of Chance's career he has devoted his time to helping injured victims throughout the State of New Mexico and is honored to have done so. As a New Mexico native, Chance takes great pride in representing New Mexico families and giving back to the New Mexico community where he grew up. If you have been injured or wronged in the State of New Mexico please contact Chance Gauthier with the Gauthier & Maier Law Firm for a free consultation at (505) 226-0009.


Chance Gauthier Reply

Posted May 08, 2023 at 06:08:16

New Mexico has had extremely high winds this season, stay alert and stay safe New Mexico.

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