How Motorcycle Helmet Laws Affect Personal Injury Claims in New Mexico
Motorcycling is a popular activity in New Mexico, offering riders the freedom to explore the state’s vast landscapes. However, motorcycle riding comes with inherent risks. In the unfortunate event of an accident, serious injuries are common, and the severity of those injuries can be influenced by a variety of factors. One of the most significant factors is whether the rider was wearing a helmet at the time of the crash. In New Mexico, motorcycle helmet laws play a crucial role in determining liability and damages in personal injury claims.
Understanding how these laws interact with personal injury claims can help riders, accident victims, and their families navigate the complex process of securing compensation for injuries. But how do motorcycle helmet laws affect personal injury cases, and why do you need a New Mexico personal injury lawyer for your motorcycle crash claim? Read more to learn why you should retain an attorney after a motorcycle crash, and in the meantime, reach out to a lawyer in your area. An experienced Albuquerque motorcycle accident lawyer will handle every aspect of your claim so that you can focus on your recovery.
Motorcycle Helmet Laws in New Mexico
New Mexico has specific laws regarding helmet use for motorcyclists. As of now, the state requires all riders and passengers under the age of 18 to wear a helmet while riding a motorcycle. For riders who are 18 and older, wearing a helmet is optional. However, even though adults are not legally required to wear a helmet, doing so is still highly recommended for safety and can significantly affect personal injury claims following an accident.
How Helmet Use Affects Injury Severity
The primary function of a helmet is to protect the head and brain in the event of a crash. Helmets are designed to absorb the impact of a collision and reduce the risk of traumatic brain injuries (TBIs), skull fractures, and other severe head injuries. According to studies, wearing a helmet reduces the risk of head injuries by up to 69% and the risk of death by 42%. Therefore, when a motorcyclist is involved in a crash, helmet use can be the difference between life and death.
In New Mexico, personal injury claims often focus on the severity of injuries sustained during an accident. If a rider is not wearing a helmet and suffers a head injury, it may complicate the claim in several ways. The severity of the injuries could be more severe, leading to higher medical bills, longer recovery periods, and more significant pain and suffering.
Helmet Use and Contributory Negligence
One of the key aspects of New Mexico personal injury law is the concept of “contributory negligence.” This doctrine holds that if an injured party contributes to their injury through their actions, it may reduce the compensation they can recover in a personal injury lawsuit. In the case of a motorcyclist who chooses not to wear a helmet, insurance companies, defense lawyers, and even courts may argue that the rider’s failure to wear protective gear contributed to the severity of their injuries.
If this argument is successful, it could lead to a reduction in the compensation awarded to the rider. For example, if a rider sustains a head injury that would have been less severe or even avoided had they been wearing a helmet, the insurance company may argue that the rider’s decision not to wear a helmet contributed to the injury. As a result, the compensation for medical bills, pain and suffering, lost wages, and other damages could be reduced in proportion to the rider’s level of fault. This is particularly important in New Mexico, which follows a comparative negligence rule.
Under this rule, if the injured party is found partially at fault for the accident, their damages will be reduced based on the percentage of fault assigned to them. New Mexico follows a tort-based system, which is the same as a fault-based system. Successive tort liability is the legal term when comparative negligence laws apply to more than one negligent party in a single claim. This occurs when the same third-party plaintiff suffers harm from two or more seemingly unrelated acts of negligence. For instance, after an injured motorcyclist is sent to the hospital, they could sustain secondary injuries or losses due to medical negligence.
How Helmets Can Strengthen a Personal Injury Claim
On the flip side, wearing a helmet can help bolster a motorcyclist’s personal injury claim. If a rider is involved in an accident and wearing a helmet, it demonstrates a commitment to safety, which could strengthen their case. A helmet may reduce the severity of injuries, limiting the extent of the damages and making it easier to prove that the rider was not at fault for their injuries. This can also lead to a more favorable outcome in terms of compensation.
Additionally, if a motorcycle accident is caused by another party’s negligence—such as a driver failing to yield, running a red light, or driving under the influence of alcohol—wearing a helmet can help establish that the rider took appropriate precautions to protect themselves. This can help shift the focus of the case to the negligence of the other party rather than any potential shortcomings in the rider’s behavior.
Helmet Use and Insurance Claims
Insurance companies often play a significant role in personal injury claims. When a rider is injured in a motorcycle accident, they may file a claim with their own insurance company, the other driver’s insurance company, or both. Insurance adjusters may look at whether the rider was wearing a helmet when assessing the severity of the injuries and the extent of liability. In cases where the rider was not wearing a helmet, insurance companies may argue that the rider’s injuries would have been less severe if they had taken proper precautions.
As a result, the rider may face more difficulty in obtaining full compensation for their medical bills, lost wages, and pain and suffering. On the other hand, if the rider was wearing a helmet, the insurance company may have a harder time arguing that the rider contributed to their injuries. Of course, to secure damages by filing a personal injury claim in New Mexico, you have to prove that another person caused your wreck via their negligent actions and prove they were liable for your injuries. In a motorcycle accident, you must prove that a driver breached their reasonable duty of care in New Mexico, which means they are legally obligated to drive carefully and obey traffic laws to keep themselves and others on the roadways safe.
Contact a New Mexico Motorcycle Accident Attorney
Oftentimes, injuries sustained in motorcycle accidents are serious, long-term, and painful, not to mention the substantial emotional and financial burden victims may bear during the aftermath. Unfortunately, it is not easy to file and win a claim for injuries. Hiring an attorney who specializes in motorcycle accidents makes the process of building and filing a personal injury case after a wreck much easier.
Fortunately, an Albuquerque motorcycle accident lawyer from Will Ferguson & Associates is here to take your call. Call our personal injury attorneys in New Mexico at (505) 243-5566 to find out whether you are eligible for compensation for your injuries. Contact us immediately for a free, no-obligation consultation when you’ve suffered injuries at the hands of a negligent party in New Mexico and want to learn more about your legal options in the aftermath.
