The driver of a vehicle approaching a totally or partially blind pedestrian who is carrying a cane predominantly white or metallic in color, with or without a red tip, or using a guide dog shall take all necessary precautions to avoid injury to such blind pedestrian, and any driver who fails to take such precautions shall be liable in damages for any injury caused to such pedestrian; provided that a totally blind or partially blind pedestrian not carrying such a cane or using a guide dog in any of the places, accommodations or conveyances listed herein, shall have all the rights and privileges conferred by law upon other persons, and the failure of a totally blind pedestrian to carry such a cane or to use a guide dog in any such places, accommodations or conveyances shall not be held to constitute nor be evidence of contributory negligence.
History: 1953 Comp., § 12-13-4, enacted by Laws 1967, ch. 232, § 4; recompiled as 1953 Comp., § 12-26-4, by Laws 1972, ch. 51, § 9.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Contributory negligence, in motor vehicle accident case, of pedestrian under physical disability, 83 A.L.R.2d 769.
Structure New Mexico Statutes
Article 7 - Blind and Disabled Persons
Section 28-7-3 - Equal right to use public facilities.
Section 28-7-4 - Driver to take precautions approaching blind; liability for damage.
Section 28-7-5 - Interference with rights of blind; penalty.
Section 28-7-6 - Annual proclamation of white cane safety day by governor.
Section 28-7-7 - Policy of state on employment of persons with a disability.
Section 28-7-8 to 28-7-12 - Repealed.
Section 28-7-13 - Prohibiting influence against joining organizations for the visually handicapped.
Section 28-7-14 - Medical eye care.
Section 28-7-15 - Short title.
Section 28-7-16 - Commission for the blind created.
Section 28-7-17 - Commission for the blind; powers and duties.
Section 28-7-19 - Qualification as blind; examinations required.
Section 28-7-20 - Corrective medical services.