New Mexico Weather-Related Accident Claims: A Shiprock Semi-truck Case

Driving in the rain

Blowing sand and dirt can severely reduce visibility on New Mexico highways. After a weather-related accident in New Mexico, the investigation should examine both the conditions and how each driver responded.

Keller & Keller Injury Lawyers represented a passenger injured when a semitruck struck a vehicle that had stopped during a severe windstorm near Shiprock.

More Than $550,000 Recovered for Our Client

In 2022, our client was traveling as a passenger near Shiprock when winds reaching approximately 60 miles per hour blew sand and dirt across the highway. After visibility was lost, traffic came to a stop and the driver of our client’s vehicle safely stopped the vehicle. A semitruck attempted to continue through the dust storm and then struck our client’s vehicle from behind.

Case highlights:

  • Conditions: Blowing sand and dirt during a severe windstorm.
  • Collision: A rear impact involving a semitruck.
  • Injuries: A torn rotator cuff requiring surgery and muscle strains in the neck and back.
  • Recovery: More than $550,000.

This account describes one collision. It is not an instruction to stop in a travel lane during a dust storm.

How Does New Mexico Law Address Driving in These Conditions?

Relevant duties may include:

  • Controlling speed as necessary to avoid a collision. NMSA 1978, § 66-7-301(B)(1)
  • Maintaining reasonable following distance in light of speed, traffic, and highway conditions. NMSA 1978, § 66-7-318(A)

The presence of bad weather does not answer every question about a driver’s conduct. The evidence should establish when visibility changed and what happened next.

Checklist: Questions an Investigation Should Address

  • When did visibility deteriorate?
  • Where were the vehicles positioned?
  • What evidence supports their speeds?
  • When did the drivers brake or otherwise react?
  • What do witnesses remember about the conditions?
  • Is video or electronic vehicle information available?
  • Do weather records support the reported conditions?

Depending on the vehicle, electronic records may help evaluate movement before impact. Read Keller & Keller’s discussion of truck black boxes and accident investigations.

Checklist: Documenting Your Recovery

  • Keep treatment and surgical records.
  • Save medical bills and related correspondence.
  • Record missed work accurately.
  • Note assistance needed with household responsibilities.
  • Document changes in symptoms and daily activities.

Our injury-journal guide offers a simple way to organize these observations.

If you were injured in a New Mexico collision involving wind, dust, or reduced visibility, contact Keller & Keller for a free consultation.

Past results do not guarantee future outcomes. Each case depends on its facts, applicable law, and available recovery sources. This article provides general information, not legal advice.


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Albuquerque, NM Office

6301 Indian School Rd NE #920
Albuquerque, NM 87110

(505) 938-2300