In New Mexico, only those under 18 years of age are required to wear a helmet. This means that regardless of whether you’re operating the motorcycle or you’re traveling as a passenger on one.
New Mexico’s Department of Transportation has more information about motorcycle safety regulations.
If you were not wearing a motorcycle helmet, and you were involved in a traffic accident while being under 18 years of age, you would be in violation of the state’s helmet law. Let’s imagine that another driver was at-fault for the accident, and you wanted to start a personal injury lawsuit. The fact that you did not wear a helmet means you might not receive as much compensation as you may have hoped. This is even the case if you sustained head injuries in the accident.
New Mexico’s courts use a comparative negligence rule and will, therefore, rule that you bear at least some fault for your injuries.
However, New Mexico’s motorcycle helmet law states that a failure to wear a helmet will not be used as evidence in the case.
If you are currently suffering from a personal injury and are unable to read ‘New Mexico’s Motorcycle Helmet Law’ please watch our Injury Pedia video so you can gain the Personal Injury Information and Answers you are seeking.