2019 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety
Part 4 - TRAFFIC LAWS GENERALLY
Section 66-7-325 - Turning movements and required signals.

A. No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in Section 66-7-322 NMSA 1978, or turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate signal in the manner hereinafter provided in the event any other traffic may be affected by such movement.

B. A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning.

C. No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.

History: 1953 Comp., § 64-7-325, enacted by Laws 1978, ch. 35, § 429.

Cross references. — For the penalty assessment for violation, see 66-8-116 NMSA 1978.

Where police officer had objectively reasonable and articulable suspicion that defendant violated Subsection A of this section, and officer's testimony supported district court's determination that his patrol car was affected by the lack of a signal on defendant's part, the court's determination is supported by the record. United States v. Malouff, 114 Fed. Appx. 975 (10th Cir. 2004).

The phrase "may be affected". — The phrase "may be affected" means when there is a reasonable possibility that other traffic may be affected. The broad reach and underlying policy of Section 66-7-325A NMSA 1978 dictate that the effect that one driver's movement may have on another driver is not confined to the point in time when the actual, physical movement occurs. Rather, the effect also involves a driver's decision-making process in the time leading up to the movement. State v. Hubble, 2009-NMSC-014, 146 N.M. 70, 206 P.3d 579.

Reasonable compliance with provision. — The evidence that plaintiff stopped, looked and found cemetery road free of traffic for a distance of 300 feet before entering it establishes reasonable compliance with Sections 64-18-24 and 64-18-30, 1953 Comp. (similar to this section and Section 66-7-331 NMSA 1978, respectively). International Serv. Ins. v. Ortiz, 1965-NMSC-095, 75 N.M. 404, 405 P.2d 408.

If person looks and does not see, reasonable inference follows that lights did not turn on, but quite the contrary is true when the person who would have seen had he been looking testifies that he was not looking. Turner v. McGee, 1961-NMSC-023, 68 N.M. 191, 360 P.2d 383.

Inability to stop not actionable when properly excused. — Car, which had signaled turn and was turning, was struck by defendant's car after it had come over a rise in the road from the opposite direction approximately 100 to 150 feet away. The defendant was traveling at a speed of 50 m.p.h. and due to icy road conditions was unable to stop; therefore, the jury could find that there had been no wrong committed by the defendant. Jensen v. Allen, 1958-NMSC-012, 63 N.M. 407, 320 P.2d 1016.

Turning without signaling negligence per se. — If a truck was proven to be of a certain size, mechanical turning signals would be required and their absence, or nonuse, would be negligence per se from which liability could be found if this negligence was the proximate cause of the accident. Mills v. Southwest Builders, Inc., 1962-NMSC-115, 70 N.M. 407, 374 P.2d 289.

Negligence per se not to yield right-of-way to oncoming traffic. — Where appellees' vehicle was some 40 to 50 feet east of the intersection, traveling 25 to 30 miles per hour, as the left turn was started, appellant was legally bound to look and see westbound traffic so near the intersection and yield the right-of-way. She admittedly failed to do so, and a violation of these statutory standards of conduct was negligence per se. Danz v. Kennon, 1957-NMSC-090, 63 N.M. 274, 317 P.2d 321.

Negligence relied upon must be proximate cause of accident for liability to ensue even though the negligence asserted is negligence as a matter of law for failure to comply with a statutory requirement. Turner v. McGee, 1961-NMSC-023, 68 N.M. 191, 360 P.2d 383.

Whether person negligent for failing to look for fact finder. — Where the minds of reasonable men might differ as to whether the driver of a bakery truck was negligent in failing to look at the last moment before turning, the causal relationship in a "chain reaction" accident was clearly one for the determination of the fact finder. Brown v. Hayes, 1961-NMSC-095, 69 N.M. 24, 363 P.2d 632.

Section instruction proper where nonsignaling car causes collision among others. — It was not error for the trial court to instruct the jury in the language of Section 64-18-24, 1953 Comp. (similar to this section), which requires the giving of a signal before stopping, decreasing the speed or turning right or left from a public highway, where plaintiff motorist who had stopped his automobile in time to avoid striking a nonsignaling vehicle was struck from rear by defendant; the court did not interject a false issue into the case in that the lead car's failure to signal went to the issue of proximate cause with respect to this lawsuit, and another instruction informed the jury that a statutory violation must have been the proximate cause. Sandoval v. Cortez, 1975-NMCA-088, 88 N.M. 170, 538 P.2d 1192.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 257, 268.

Construction and operation of regulations as to sudden stop or slowing of motor vehicle, 29 A.L.R.2d 5.

Duty of motor vehicle driver approaching place where children are playing or gathered, 30 A.L.R.2d 5.

Liability for accident arising out of motorist's failure to give signal for right turn, 38 A.L.R.2d 143.

Liability for accident arising from failure of motorist to give signal for left turn between intersections, 39 A.L.R.2d 103.

What amounts to reckless driving of motor vehicle within statute making such a criminal offense, 52 A.L.R.2d 1337.

Negligence or contributory negligence of motorist in failing to proceed in accordance with turn signal given, 84 A.L.R.4th 124.

60A C.J.S. Motor Vehicles §§ 301, 354; 61A C.J.S. Motor Vehicles § 653.