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Motorcycles might seem more fun and exciting than other passenger vehicles, but they can also be more dangerous since nothing protects the rider from the road. To minimize the risk, many states, including New Mexico, may require bikers to wear an approved helmet at all times. Failing to do so puts your life and safety at risk, and could limit your personal injury lawyer’s ability to collect compensation for your injuries.

Motorcycle Helmet Laws & Personal Injury Claims

Understanding the Motorcycle Laws in New Mexico

personal injury lawyerNew Mexico does require some riders wear a helmet, but the rule only covers motorcyclists under the age of 18. Failure to do so will likely result in a moving violation, while those over the age limit are free to choose whether or not they want to wear a helmet. Fortunately, New Mexico law, unlike many other states, protects the rights of adult bikers who are injured without a helmet.

What Is Contributory Negligence?

In most states, if your own actions contributed in some way to the accident in which you were injured, the court will reduce your compensation by a proportional amount. Because helmets are known to dramatically reduce the frequency and severity of head injuries, failure to wear one can be considered a form of negligence, even if the law doesn’t mandate headgear use. However, New Mexico’s motorcycle law specifically states that failing to wear a helmet, even in violation of state requirements, should not be construed as contributory negligence, allowing your personal injury lawyer to pursue full compensation for your losses.

 

Since 1977, Gary C. Mitchell, P.C. has fought for the rights of accident victims throughout New Mexico. If you’ve been injured by a negligent driver, this skilled personal injury lawyer will build the strongest case possible to help you get justice. To discuss your accident with an accomplished personal injury lawyer and arrange a consultation, call his offices at (575) 257-3070.

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