Distracted driving has been a growing issue across the country for several years, but recent years have seen the number of accidents and fatalities rise at an alarming rate. This is especially true in New Mexico, which has ranked as the state with the most distracted driving for four years in a row.
In fact, according to a report by Zutobi, New Mexico’s 163 deaths caused by distracted driving in 2023 (the year with the most recent data available) mean that 37.06% of New Mexico’s fatal crashes involved distracted driving.
As Bert Parnall, founder, owner and CEO of Parnall Law Firm, a personal injury law firm based in New Mexico explains, this alarming spike in distracted driving deaths has a significant influence on the state’s road safety needs and potential legal reforms.
Distracted Driving and Road Safety
“New Mexico’s rise as the top state for distracted driving is truly alarming,” Parnall says. “For 2023, New Mexico actually had more distraction-related traffic deaths than big states like New York, Illinois and California. Considering our state only has a population of about 2.1 million, the fact that we have more distracted driving deaths than these states with tens of millions of people tells us that New Mexico has a serious problem.”
Indeed, New Mexico’s distracted driving deaths far outpace the rest of the nation. The NHTSA estimates that nationwide, roughly 8% of traffic fatalities are linked to distracted driving — well below New Mexico’s 37% rate. With 10.58 distracted driving fatalities per 100,000 licensed drivers, New Mexico’s death rate is nearly double that of Kansas, the third-worst ranked state in the data.
Distracted driving isn’t the only area where New Mexico performs poorly. Another recent study found the state to have the second-most dangerous intersections in the country — an issue that some fear will worsen thanks to a new law allowing bicyclists to legally run red lights and stop signs.
What Does the Law Say?
Part of the irony surrounding New Mexico’s race to the top of distracted driving fatalities is that the state has had a distracted driving law on the books since 2014. However, digging deeper into the law reveals some deficiencies that could be a contributing factor to current trends.
“New Mexico’s distracted driving law is focused very specifically on cell phone use, making it illegal to read, write or send texts or emails using a cell phone,” Parnall explains. “This type of law is definitely helpful, but at the same time, it’s not nearly as comprehensive as distracted driving laws found in other states. New Mexico’s law doesn’t say anything about talking on the phone while driving, or other activities that often lead to distracted driving accidents, like eating or drinking.”
Indeed, the Zutobi study cited earlier actually found that making phone calls contributed to more accidents (38%) than sending a text (9%). Other top contributors included eating or drinking (48%) and using a navigational system (36%). A MoneyGeek survey found that 80% of drivers make phone calls while driving, which greatly increases their risk for an accident.
In addition, New Mexico’s distracted driving law has very light penalties — a $25 fine for first-time offenders, and a $50 fine for repeat offenders. By comparison, other states have fines worth hundreds of dollars, and many add points to a driver’s license for distracted driving. Oregon has a massive $1,000 fine for texting while driving.
Fighting Back Against Distracted Driving
When it comes to distracted driving, New Mexico has clearly been trending in the wrong direction. While distracted drivers who cause accidents do often face legal charges, the state’s relatively lenient distracted driving law can make more drivers feel that the issue isn’t as big as it seems to be.
“New Mexico clearly needs to address this issue more directly,” Parnall says.
“Distracted driving causes far too many injuries and deaths in our state. Smartphones and other electronic devices are certainly part of the problem, but they’re far from the only distraction impacting traffic safety. We need to take a good look at driver education, legal reform and other solutions that will make people understand how important it is to stay focused on the road.”
For his part, Parnall’s law firm has also been involved in grassroots efforts to fight back against distracted driving. “We’ve been giving out scholarships to high school students in New Mexico for the past 10 years to try to help them better understand the dangers of distracted driving,” Parnall says.
“Education is a key part of this. People don’t realize how dangerous these seemingly small distractions can be. Encouraging our youngest and most vulnerable drivers to take this issue seriously can hopefully inspire change and better behavior in the future.”
What Comes Next?
New Mexico’s distracted driving statistics over the last several years certainly haven’t been encouraging. However, Parnall and others hope that the state’s newsworthy ranking can help draw more attention to this important issue.
As more people in the state become aware of how dangerous distracted driving can be, it may be able to lead to both behavioral changes and legal reforms that help reverse the trend.
