New Mexico bans texting behind the wheel, but the rule has gaps that catch a lot of drivers off guard. If someone was on a phone when they hit you, what the law actually says shapes their ticket, your insurance claim, and whether you have a strong case.
Here is what is true in New Mexico specifically, cited to the statute and the state's own crash data.
The statewide texting ban
Under NMSA 1978 Section 66-7-374, a driver may not read or view a text message or manually type on a handheld mobile communication device while driving.1 The statute defines that device as a wireless unit built to send and receive text or image messages. It specifically excludes GPS and navigation systems, equipment wired into the vehicle, and voice-operated or hands-free setups.1
Two details trip people up. The first is that "driving" includes sitting still. The ban applies while you are temporarily stopped for traffic, a red light, or a stop sign. It lifts only once you have pulled over to the side of or off the road.1 Thumbing out a quick text while you wait at a light is a violation. The second is enforcement. This is a primary offense, so an officer can pull you over and cite you for texting alone, without needing any other reason for the stop.
The financial penalty is light. New Mexico's penalty assessment schedule sets the fine at $25 for a first offense and $50 for a second or later offense.2 The narrow exceptions let you use the device to summon medical or emergency help, and they exempt licensed amateur radio operators.1
Handheld calls are legal statewide, with local exceptions
Here is the gap most people miss. The statewide law bans reading and typing text, not talking. A non-commercial driver who holds a phone to their ear for a voice call is not breaking Section 66-7-374. New Mexico has no statewide hands-free requirement for ordinary drivers.
Cities can go further, and some do. Albuquerque prohibits handheld phone use for every driver under its traffic code and requires hands-free operation.3 A handful of other New Mexico municipalities have passed their own handheld ordinances. So the same call that is legal on a rural highway can earn you a ticket inside Albuquerque city limits. If your route runs through the larger cities, assume the local rule is stricter than the state one.
Commercial drivers face a full handheld ban
The rules tighten sharply for anyone at the wheel of a commercial vehicle. NMSA 1978 Section 66-7-375 bars a commercial driver from using a handheld mobile communication device for any purpose, voice calls included, with the same narrow emergency and amateur-radio exceptions.4 The state fine mirrors the texting statute at $25, then $50.2
Federal rules stack on top. FMCSA regulations at 49 CFR 392.80 and 392.82 ban both texting and handheld phone use in a commercial motor vehicle, permitting contact only with law enforcement or emergency responders.5 The stakes are much higher than a state ticket. A driver can be fined up to $2,750, an employer that allows or requires the conduct up to $11,000, and two violations within three years disqualify the driver from operating a commercial vehicle for 60 days. A third pushes that to 120 days.5 For a trucker, a distracted-driving habit is a career risk, not a nuisance fine.
What New Mexico's crash data actually shows
New Mexico recorded 42,836 traffic crashes in 2023, including 402 fatal ones, according to the state's official crash report prepared for the Department of Transportation.6 Driver inattention was the single most common human contributing factor that year. It was cited in 17,266 crashes and in 161 of the fatal ones.6
The device-specific counts look far smaller. Crash reports flagged cell phone use as a factor in 533 crashes, texting in 112, and hands-free device use in 39.6 Do not read that as evidence phones are rarely to blame. Drivers seldom admit to texting, and unless an investigator subpoenas phone records, the report usually just records "inattention." The 17,266 figure is the one that captures the real scope of distracted driving in the state.
How a distracted-driving citation affects your claim
If a distracted driver injured you, the citation is worth more than the fine suggests. It documents that the other driver broke a specific safety statute, which goes straight to the heart of a negligence claim.
New Mexico applies pure comparative negligence, a standard the state Supreme Court set in Scott v. Rizzo.7 Your recovery drops by your own share of fault, but you are not shut out even if most of the blame lands on you. A driver found 70 percent at fault can still collect 30 percent of their damages. That rule matters the moment an insurer starts trying to shift part of the blame onto you.
The clock is unforgiving. You generally have three years from the date of the crash to file a personal injury lawsuit under NMSA 1978 Section 37-1-8.8 Let that deadline pass and the claim is dead, however clear the other driver's fault.
New Mexico is an at-fault state with no personal injury protection requirement, so you file against the at-fault driver's insurer rather than your own by default.9 Every driver must carry at least $25,000 per person and $50,000 per crash in bodily injury coverage, plus $10,000 for property damage, under NMSA 1978 Section 66-5-215.10 Those minimums are thin. If your injuries are serious, your own uninsured and underinsured motorist coverage often ends up doing more work than the other driver's policy.
When distraction crosses from ordinary carelessness into reckless disregard for other people's safety, punitive damages can come into play on top of your actual losses, and New Mexico does not cap them in an ordinary claim against a private driver.
If you need the official crash report, New Mexico's process is covered on our New Mexico crash report page. If the wreck cut your car's resale value, see our page on diminished value in New Mexico. And if you are deciding whether to pursue a claim, you can find a New Mexico attorney.
This article is general information, not legal advice.
Sources
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New Mexico Statutes 1978, Section 66-7-374 (Texting while driving). https://law.justia.com/codes/new-mexico/chapter-66/article-7/part-4/section-66-7-374/
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New Mexico Statutes 1978, Section 66-8-116 (Penalty assessment misdemeanors; schedule of assessments). https://law.justia.com/codes/new-mexico/chapter-66/article-8/part-2/section-66-8-116/
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Albuquerque Code of Ordinances, Section 8-2-1-24 (Driver's Prohibited Acts). https://codelibrary.amlegal.com/codes/albuquerque/latest/albuquerque_nm/0-0-0-118748
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New Mexico Statutes 1978, Section 66-7-375 (Use of a handheld mobile communication device while driving a commercial motor vehicle). https://law.justia.com/codes/new-mexico/chapter-66/article-7/part-4/section-66-7-375/
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Federal Motor Carrier Safety Administration, Motor Carrier Safety Planner, Electronic Devices and Mobile Phones (49 CFR 392.80 to 392.82). https://csa.fmcsa.dot.gov/safetyplanner/MyFiles/SubSections.aspx?ch=23&sec=68&sub=170
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University of New Mexico, Geospatial and Population Studies, Traffic Research Unit, 2023 New Mexico Community Report (prepared for the New Mexico Department of Transportation), Tables 1 and 18. https://gps.unm.edu/tru/reports/community-reports/2023/statewide/state_new-mexico.pdf
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Scott v. Rizzo, 96 N.M. 682 (1981). https://law.justia.com/cases/new-mexico/supreme-court/1981/96-n-m-682.html
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New Mexico Statutes 1978, Section 37-1-8 (Actions for personal injury; three years). https://law.justia.com/codes/new-mexico/chapter-37/article-1/section-37-1-8/
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New Mexico Motor Vehicle Division, What automobile insurance am I required to have in New Mexico? https://www.mvd.newmexico.gov/what-automobile-insurance-am-i-required-to-have-in-new-mexico/
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New Mexico Statutes 1978, Section 66-5-215 (Motor vehicle insurance; minimum coverage). https://law.justia.com/codes/new-mexico/chapter-66/article-5/part-3/section-66-5-215/