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.
