What Are the Motorcycle Helmet Laws In New Mexico?

If you have a motorcycle accident, the popular conception of motorcyclists as risk-takers may work against you in court, even if your accident was due to their negligence.

New Mexico motorcycle riders are often seen riding without helmets. In the state, this is not necessarily unlawful but may put you at risk both physically and legally if you have an accident.

Under current New Mexico laws, you are only required to wear a helmet if you are 17 or younger. Adult riders are only required to wear a form of protective eyewear.

However, current statistics provided by the New Mexico Department of Transportation show that motorcycle riders have been in jeopardy on New Mexico roads in recent years. Not wearing a helmet can make things much worse.

For example, these recent statistics show that:

• Over 44 motorcyclists died in crashes in New Mexico in a single year.

• Motorcycle fatalities make up 11% (and now probably more) of all vehicle accident fatalities.

• Motorcycle crash fatalities tend to increase during the warmer months when many more riders are on the road.

Another rising statistic is that most motorcycle accidents are involved in multiple-vehicle crashes. So, motorcycle riders are commonly not-at-fault drivers. Many of these motorcycle accidents result from the negligence of other drivers who fail to see the cyclists or don't acknowledge a motorcyclist's equal road-sharing rights.

Why It's Important To Wear a Helmet in New Mexico?

Motorcycle enthusiasts love to ride, but being on two wheels in a four or more-wheel world can leave you open to severe injury, especially to the head and neck. This is why Helmets are designed to protect riders from these possibly dire head injuries; head injuries are the leading cause of death in motorcycle accidents.

According to recent statistics provided by the National Highway Traffic Safety Administration, wearing a helmet is over 37% effective in preventing your death in a crash and 67% effective in preventing injury to your head and neck.

Even though you do not have to wear a helmet as an adult, it is highly recommended, as it will protect you from potential injuries and complications in the event of an accident.

Additionally, wearing a helmet will usually significantly reduce the severity of the injuries sustained if you are injured. So, you will be far less likely to receive a Traumatic Brain Injury (TBI), which usually leads to long-term disabilities or a fatality.

Helmets also typically mitigate your injuries so that you will incur lower medical expenses, time in the hospital, etc.

If you must sue for damages, wearing a helmet also commonly works in your favor. If your injuries are reduced, this can lead to quicker settlements and possibly higher compensation amounts, and insurance companies are far more likely to cover all reasonable medical costs.

You must also note that New Mexico follows the doctrine of "comparative negligence." This law states that your percentage of fault may reduce the compensation you can receive for causing your accident or your injuries. Therefore, if you're a motorcyclist not wearing a helmet, the insurance company's lawyers will argue that your negligence contributed to the severity of your injuries, and the court could reduce your compensation accordingly.

These cases can be legally complex, and to ensure that all your legal options are covered, you must seek the professional help and guidance of a highly trained and passionate motorcycle lawyer.

What Are Some Legal Implications That Wearing a Helmet May Imply?

It's vital to note that the current legal landscape pertaining to motorcycle accident claims in New Mexico is complex. The decision to wear a helmet or not can have myriad legal implications for injured riders seeking the compensation they truly deserve.

When the court determines liability in a motorcycle accident, it almost always involves evaluating the actions of all the parties involved. 

If you weren't wearing a helmet, you can be assured that the opposing lawyers will argue that you contributed to the severity of their injuries; this fact can potentially affect the entire outcome of your case.

In New Mexico, the use of your helmet maybe excluded from evidence presented to the jury which is why it is important to have a lawyer who specializes in motor vehicle accident cases and trials. 

Additionally, the economic impact of motorcycle accidents in New Mexico is currently substantial. The costs associated with medical treatment, rehabilitation, lost wages, legal expenses, and more can be financially overwhelming.

Your professional, experienced, and thorough motorcycle accident lawyer will explain that wearing a helmet can significantly mitigate these costs, reduce the severity of injuries, expedite your recovery times, and, at times, make the entire case work out better on your behalf.

Can I Obtain Damages In a Lawsuit If I Wasn't Wearing a Helmet When I Crashed?

The simple answer is yes, you can usually do it, even if you may have broken New Mexico's motorcycle helmet law.

Let's say you had an accident and broke your leg because a negligent driver was texting and driving. That driver would be at fault and usually held responsible for your damages.

That said, every motorcycle accident case differs; whatever the circumstances, with professional, experienced, and committed legal representation, you may still recover the damages that are due.

However, by not wearing a helmet, you can ostensibly leave yourself open to New Mexico's comparative negligence laws (and more). If you and the other parties involved in your case are assigned a percentage of fault for the accident, that percentage can severely diminish the amount you end up with.

Depending on the unique circumstances of your case, not wearing a helmet can have varied implications for its outcome. The only way to honestly know these variables is to obtain the qualified, professional counsel of a skilled motorcycle accident lawyer and thoroughly discuss all aspects of your lawsuit.

In fact, whether you wore a helmet or not, contacting a lawyer after your motorcycle accident will usually always increase your chances of a successful outcome. Your lawyer will listen to all aspects of your case, analyze the circumstances, and determine the best course of legal action.

I've Been Injured In a Motorcycle Accident and Wasn't Wearing My Helmet; What Should I Do

If you have sustained injuries in a motorcycle accident and weren't wearing a helmet, it may undoubtedly be problematic about how this will impact your case. Additionally, even if you were cited for breaking New Mexico's helmet law, this fact might not have anything to do with your injuries, costs, or the damages you could receive.

Motorcycle accidents are complex, and you deserve high-quality representation that will fight for your rights and ensure you get a fair settlement. 

The professional and talented motorcycle accident lawyers at the Gautier & Maier Law Firm P.C. have successfully helped New Mexico motorcycle accident victims with innovative and highly effective legal services and have a winning history to prove it.

Call them today at 505-226-3205, and they will tirelessly commit to protecting your rights and working with you and your family to find the best path forward for your case, your finances, and your future.