Safety features such as seatbelts and airbags, which come standard in modern passenger cars, can often protect occupants from serious injuries even during high-speed collisions, and the frame of the vehicle itself can physically separate those occupants from the forces generated by a wreck. By comparison, there is almost nothing separating a bicycle rider from the full force of anything they collide with or that collides with them, making it all the more crucial for bicyclists to wear safety helmets at all times while riding.
However, while wearing a safety helmet can substantially reduce your chances of suffering life-altering head and brain trauma in a bike wreck, it is not strictly required for all riders in Albuquerque by state or local law. That said, any experienced bicycle injury lawyer will strongly advise you to wear appropriate head protection regardless of what Albuquerque bicycle helmet laws say, especially if you ride regularly around vehicle traffic.
In Albuquerque and throughout New Mexico, the Child Safety Helmet Act—which has been enshrined in state law since July 1, 2007—requires all bicycle riders and passengers under the age of 18 to wear helmets at all times while riding. More specifically, these riders must wear helmets that meet the safety standards necessary for approval by the Department of Transportation, which should be signified by a DOT sticker somewhere on the helmet itself.
If someone under the age of 18 rides a bicycle, motorcycle, moped, electric scooter, or off-road/all-terrain vehicle without wearing a helmet, they may be subject to a traffic ticket and a fine, the value of which can increase for second and subsequent offenses. Depending on the circumstances, the parent, guardian, or other adults responsible for the child not wearing a helmet may face legal consequences instead of the child, since it would be their responsibility to make sure minors under their supervision are following the law.
In many states, failing to wear a helmet while riding a bicycle can be held against that rider as comparative fault. This means, in the event of an accident, the rider may be deemed responsible for causing their injuries through their own negligence, even if the law did not require them to wear safety equipment. That percentage of comparative fault could then be held against the injured person as a proportional reduction from the amount of money they are eligible to recover for their injuries, or it could be used as a reason to deny them compensation altogether.
Fortunately, the state is doubly generous to bike accident victims in this regard. First, state law expressly prohibits bike accident victims in Albuquerque from being assigned comparative fault for accident-related injuries based solely on their failure to wear appropriate head protection, even if wearing a helmet likely would have prevented or lessened the severity of their injuries. Second, even if a bicyclist is found partly at fault for their own accident, the pure comparative fault approach taken by state courts means that no amount of comparative fault—other than 100 percent—would completely disqualify that person from seeking at least some compensation from another negligent party.
Understanding Albuquerque bicycle helmet laws is important to keeping you and your family safe. No matter what the law says, you should always wear a helmet while riding in order to minimize your risk of suffering debilitating brain damage in a wreck.
Regardless of whether or not you were wearing a helmet, if you were hurt in a bicycle crash caused by someone else, a skilled lawyer with years of experience helping the community could work on your behalf to get you the compensation you deserve. Call today for a free consultation.
