Driving during monsoon season in New Mexico means rolling the dice that a flash flood, blinding downpour, or dust storm won’t spin up and drop your visibility to zero.
The National Weather Service tracks monsoon season in Albuquerque from June 15 through September 30, and every summer some drivers treat the storm as a free pass. The law doesn’t. A driver who goes too fast for a flooded road or a wall of dust can still be responsible for the crash that results, and an Albuquerque car accident attorney can look past the weather to see what really went wrong.
Here’s what makes monsoon driving dangerous, who’s liable when a storm crash happens, and what to do if you’re hurt in one.
When Arroyos Become Rivers
New Mexico’s parched ground can’t soak up a sudden downpour. This means the water runs off fast and collects in arroyos, the dry channels and washes that cut through Albuquerque and much of the state. Most of the year, these arroyos are empty. But in a monsoon, they fill with fast-moving water so quickly that there’s little warning. This is why the metro area’s arroyo flood control authority works so hard to keep people out of them. Low-water crossings and dips in the road flood the same way and just as quickly.
New Mexico flash flood safety for drivers comes down to one rule from the National Weather Service: Turn Around, Don’t Drown. The agency’s numbers explain why. Twelve inches of rushing water can carry away most cars, and two feet can carry away SUVs and trucks. Over half of all flood-related drownings happen when someone drives into hazardous flood water. You can’t eyeball depth from the driver’s seat, and you can’t see whether the road underneath has washed away.
Treat a barricade at a low-water crossing like a brick wall. Stop and turn around.
Slick Roads, Blinding Rain and Walls of Dust
Monsoon rain brings its own collection of Southwest weather hazards. After weeks of dry heat, the first storm lifts oil and grime off the pavement and makes it slick. Hydroplaning accidents in Albuquerque often follow because tires riding on a film of water can’t steer or stop, and speed makes this danger far more likely. Monsoon storms can also unleash microbursts, sudden bursts of wind and rain that cut visibility to near zero.
Sometimes the wind arrives first, ahead of the rain. Thunderstorm outflow winds can whip up a haboob, a towering wall of dust that swallows a highway in moments. Interstate 10 near Lordsburg is notorious for it. In June 2017, a dust-driven pileup there involved 25 vehicles and killed six people, according to the Associated Press.
Dust storm driving safety in New Mexico follows Weather Service guidance. Pull as far off the pavement as you can and set the parking brake. Turn off your lights and take your foot off the brake, so drivers behind you don’t follow your taillights straight into your bumper.
Bad Weather Isn’t a Legal Excuse
After a storm crash, the other driver’s insurer might try to blame the weather. That argument has limits. the act-of-God defense generally only covers natural events so extreme that no reasonable care could have prevented the harm. A July thunderstorm in New Mexico is about as predictable as weather gets.
New Mexico law requires drivers to control their speed as needed to avoid a collision and to use due care. A posted speed limit is a ceiling for good conditions. When rain is pounding or dust is swirling, a careful driver slows down, leaves extra room, and turns on the headlights. Courts judge negligence in rainy conditions the same way they judge it on a sunny day.
What would a careful driver have done?
Monsoon car accident liability can reach beyond the other driver, too. A trucking company that sends a rig through a known dust storm might share the blame, and so might a government agency that allowed a storm drain to clog. Claims against a city, county, or state agency generally require written notice within 90 days. That’s a much shorter time frame than many people assume. New Mexico also follows pure comparative fault, so even if you were partly to blame, you can still recover damages. The amount you can recover, however, is reduced by your share of blame.
What to Do After a Monsoon Crash
Get safe first. If you’re trapped by moving water, the Weather Service advises that you move to the highest point you can reach and then call 911.
Once you’re safe:
- Document everything before the crash scene dries out.
- Photograph the standing water, the debris, and the road signs.
- Photograph the skid marks and the damage to every involved vehicle.
- Save any weather alert on your phone and note the time.
- Write down the names and numbers of witnesses.
- Call police to ensure there’s an official report.
Then report the crash to your insurance company but choose your words carefully. Weather-related car insurance claims can hinge on one question, which is whether the storm caused the crash or whether a driver did. New Mexico generally gives you three years to file an injury lawsuit, but the evidence from a storm crash can dry up in an afternoon.
Don’t Let the Storm Take the Blame
Monsoon storms are dangerous, but they are also predictable, and drivers who ignore them can be held responsible for the crashes they cause. Barrera Law Group LLC looks past the weather to the decisions behind a crash, from flooded crossings in Albuquerque to dust storms on the interstate.
Our Albuquerque personal injury lawyers are real trial lawyers, and your first consultation is free. If you were hurt in a crash during monsoon season, reach out to our firm to talk through your options.