What Are the New Mexico Helmet Laws?

Helmet Laws In New Mexico

There is no federal law about helmet use while riding motorcycles; rather, each state establishes its own requirements. New Mexico’s law is relatively simple:

  • Motorcycle riders under age 18 must wear a helmet

  • Passengers are included under the law

  • Helmets must meet the state’s predetermined requirements

  • When selling a motorcycle to a minor, the seller must confirm that the buyer owns an approved helmet

If a motorcycle rider or passenger is age 18 or older, he does not have to wear a helmet. Of course, it is a good idea to wear a helmet and other safety features for protection while riding, but New Mexico state law does not require it. If a motorcyclist suffers injury or death in an accident, an insurance company may not refuse to pay because he was not wearing a helmet.

What the New Mexico Helmet Law Means

In states with strict helmet laws, insurance companies may try to claim that, because a rider was disregarding his own safety by neglecting to wear a helmet, he partially contributed to his own injuries. In New Mexico, however, this strategy does not apply. In fact, the legal code stipulates that, even if a minor is not wearing a helmet, he should not be considered guilty of “contributory negligence.”

  • New Mexico drivers must take extra care to avoid colliding with motorcyclists because they may not be wearing helmets.

  • Many biking injuries in the state are more serious than they would be if helmets were required.

  • Riders and passengers under age 18 must wear an approved helmet in order to do everything possible to protect themselves in the event of an accident.

After a Motorcycle Accident

Whether or not a rider wears a helmet, a collision with another vehicle is usually disastrous. There are several disadvantages that motorcyclists have on the roads:

  • Lack of doors, windows, and walls to protect the rider during an accident

  • Small size of motorcycle makes it hard for drivers to see when changing lanes

  • Prejudice against motorcycling causes some drivers to act aggressively around bikers

  • Falling off a bike and coming in contact with the road is likely to cause serious injury, whether or not the rider is wearing a helmet

Drunk Driving Victims in the U.S.

Drunk Drivers

Drunk driving is a major cause of injury and death on the roadways of the United States, including here in New Mexico. Despite the efforts of many non-profit groups and government agencies at the local, state, and national levels, driving under the influence of alcohol (and drugs) continues to threaten innocent drivers and pedestrians every day.

Adding to the pain of DUI incidents is the fact that not all of these innocent victims get financial compensation to help pay for recovery from their injuries.

  • If a defense lawyer gets the case against a drunk driver dropped, it may be very difficult for the victim to obtain compensation.

  • Even if convicted of DUI, a separate lawsuit is needed to win compensation for the victim.

  • An initial offer from the drunk driver’s insurance company is usually far too low to cover recovery costs fully.

  • Inexperienced or discount lawyers are easily defeated by well-funded insurance companies.

The Next Step for Drunk Driving Victims

When someone chooses to drive drunk, he acts negligently toward everyone around him. Here are just a few examples of the kind of damage that is possible due to this careless behavior:

  • Damage to personal property (vehicles, houses, commercial buildings)

  • Emotional trauma for victims

  • Physical injury, often permanent in nature

  • Wrongful death

Following a drunk driving accident, you may not even be aware of the costs that lay ahead of you. Medical bills and lost wages are only the most obvious expenses that victims have. If your injuries are permanent, you may need lifelong assistance in the form of prosthetics, medical equipment, or professional care.

Don’t take chances with your future security—get the help of a personal injury attorney who has experience handling cases like yours under New Mexico law. At Killian Davis Richter & Mayle, we have the expertise to accurately estimate your total financial need and present it to the insurance company responsible for paying you.

Justice for Drunk Driving Victims

The worse your injuries are, and the more careless a drunk driver’s actions were, the more emotionally charged all parties will be. A good personal injury lawyer knows how to:

  • Assemble enough evidence and testimony to conclusively prove your innocence and the drunk driver’s responsibility

  • Oppose attempts to avoid paying you because of legal loopholes

  • Keep negotiations on a professional level, insisting on fair, just treatment for you as the victim

  • Present a thorough case to the court if a settlement cannot be reached

Danger of Driver Fatigue

Driver Fatigue

Ten years ago, it was estimated that driver fatigue was the cause of 2-3% of all auto accidents. A recent study by the Virginia Tech Transportation Institute, however, has thrown that theory in disarray: It is now estimated that at least 20% of all vehicular accidents are the result of fatigue.

It is every driver’s responsibility to be awake and aware when behind the wheel. This means more than just downing an energy drink; it means having the humility and understanding to get off the road when symptoms of fatigue occur:

  • Yawning

  • Boredom

  • Memory problems

  • Lack of focus

  • Soreness in eyes

  • Inconsistent driving habits including unstable steering, acceleration, etc.

The biggest danger when these symptoms occur is not falling asleep at the wheel. That happens rarely. What happens all too commonly is called microsleep, a sleep pattern that can last from a couple of seconds up to four minutes. Microsleep on the road can often lead to fatal road crashes and, due to what appears to be a statistical realignment of many Americans’ sleep habits, is a growing concern on the nation’s roadways–especially among younger drivers.

Liability and Driver Fatigue

When a semi truck is involved in an accident on the roads of New Mexico, that driver is accountable in a variety of ways:

  • Required log books

  • Records kept through onboard GPS tracking

  • Cell phone records

Most commonly, the driver keeps a personal log which may establish a pattern of pushing too hard while on the road. Tracking receipts may be a way to establish driver fatigue on the road as well. Some larger trucking firms now go so far as to have cameras mounted in the truck to monitor drivers for liability purposes.

When a fatigue-related accident occurs and the driver is not a professional, however, then legally establishing that the fatigued state caused the accident can be more difficult. The same principles apply, however: gathering evidence, whether from cell phone records, GPS records from that day (assuming that the driver owns a car-mounted GPS or used their cell phone for such purposes during the day), anecdotal evidence from other people, etc. In addition, if witnesses can be found that can describe erratic driving immediately before the accident occurred, then it may be possible to establish a fatigued driving state.

Driver Fatigue and the Law

If you become fatigued while driving, pull over and take a power nap. Don’t worry about being late, missing the big meeting, pickup up your spouse or children from the airport, etc. Your life, and the lives of those around you, are far more important than the ten minutes you need to set aside to rest your body.

If you feel you have been the victim of a fatigued-while-driving incident, whether in any of the situations listed below, then you need a personal injury lawyer:

  • Driver fell asleep while driving, colliding with another vehicle and causing injury

  • Driver fell asleep, crashing into property and causing damage

  • Driver fell asleep, crashing car and causing injury to others in the same vehicle