Motorcycle accidents can cause serious injuries. If you were involved in an accident caused by someone else, you may be able to file a lawsuit or claim to receive compensation from the other driver. Albuquerque motorcycle helmet laws can have a significant effect on your case. Wearing a helmet can affect how you are perceived, as well as how severe your injuries are. Motorcycle accident cases can be complicated and stressful, so hiring a skilled attorney will help you get the best possible outcome.
New Mexico Statute § 66-7-356 requires motorcycle riders under 18 to wear helmets. The helmet requirement also applies to motorcycle passengers in Albuquerque who are under 18. Dealers who rent or lease a motorcycle to a rider under 18 are also responsible for making sure the rider has an appropriate helmet. Adults 18 and older are not required to wear motorcycle helmets. However, they are required to wear eye protection. If the motorcycle has a fixed windshield, this can qualify. Otherwise, eye protection can be either the face shield on a helmet or separate safety goggles.
Regardless of how it affects the motorcyclist’s accident claim, wearing a motorcycle helmet is always a good idea. Helmets reduce the risk of a serious head injury that can lead to lifelong disability or death. Choosing to wear a helmet could also help the injured motorcyclist’s legal case. After filing an accident claim, the other driver’s insurance company will generally look for reasons to pay out as little as possible. These include any ways the injured person might have contributed to causing the accident or worsening their own injuries.
If the injured person was partially responsible for the accident, they will usually receive less compensation than they would have if they had no responsibility at all. New Mexico uses a pure comparative negligence system. This means if the injured person had some legal responsibility for the accident, they can still receive compensation. However, their compensation would be reduced based on the degree of responsibility compared to the other driver. For example, if a motorcyclist was considered 30 percent responsible for a crash and was awarded $100,000 in damages, they would receive $70,000.
The helmet law for motorcyclists in Albuquerque specifically states that failing to follow the requirement is not contributory negligence. If a motorcyclist who is required to wear a helmet does not wear one and is injured in an accident, a court cannot use the lack of helmet as evidence of negligence. However, since the law only applies to minors, a rider who is 18 or older can be considered negligent for choosing not to wear a helmet. If someone else caused the accident, this would not prevent the injured motorcyclist from receiving compensation, but it could reduce the total award.
Whether you are wearing a helmet or not, motorcycle accidents can cause devastating injuries. Helmets can minimize the risk of these injuries. If someone else was responsible for your accident, Albuquerque motorcycle helmet laws could also affect your legal case. Our attorneys could help you understand your legal options and guide you through the process. Start the process by scheduling a consultation with NMAF today.
