Will Not Wearing a Helmet Impact My Motorcycle Accident Settlement in New Mexico?

by | Oct 15, 2022 | Motorcycle Accidents | 0 comments

Motorcycles are a great way to explore all that New Mexico has to offer, but they can be dangerous because they do not offer the same protection that cars do. One of the best ways to prevent serious injuries during a motorcycle accident is to wear a helmet. But, according to the Insurance Information Institute, only 65% of motorcyclists wore their helmets in 2021. However, if you got into a motorcycle accident and did not wear a helmet, you may still recover compensation.

At Dominguez Law, our bilingual team of lawyers works tirelessly to protect your rights and advocate for justice, even if you were not wearing a helmet at the time of the accident. We understand the laws and legal processes surrounding these claims can be complicated, so we are here to help you manage every aspect of your case while you recover.

What Are New Mexico’s Motorcycle Helmet Laws?

Every state has different laws regarding motorcycle helmets. According to New Mexico law, you must wear a helmet if you are under 18 years of age, and it must meet the United States Department of Transportation standards. 

While you do not have to wear a helmet if you are over 18, they are still recommended as a safety precaution. Since motorcycles don’t offer the same level of protection that cars do, wearing your helmet is essential to help avoid serious injury. 

Can You Recover Damages If You Did Not Wear a Helmet During a Motorcycle Accident?

Even if you are found to have broken New Mexico’s motorcycle helmet law, you may still recover compensation for your losses. For example, if you broke a bone because a negligent driver was texting and driving, they would be at fault and responsible for your damages. Every case is different, so you may still recover damages depending on the circumstances.

It is also important to remember that New Mexico is a pure comparative negligence state. This means each party in your case is assigned a percentage of fault for the accident, and that percentage gets deducted from their damages. For example, if you are found 20% at fault, your compensation gets reduced by 20%. So, if you did not wear a helmet at the time of the accident, you may still receive the following damages:

  • Ambulance ride
  • Hospital costs
  • Current future medical bills
  • Prescription medication costs
  • Rehabilitation
  • Physical therapy
  • Property damage
  • Lost wages from missed work
  • Pain and suffering
  • Reduced quality of life
  • Emotional distress

If someone else’s negligence caused the accident, your lack of a helmet should not prohibit you from the damages you are owed. 

How Can a Lawyer Help With Your New Mexico Motorcycle Accident Claim?

Even if you were not wearing a helmet, you deserve compensation for the injuries you sustained due to someone else’s reckless behavior. Contacting a lawyer after the accident may increase your chances of a successful outcome. We can listen to your story and review the circumstance of your case to determine the best course of action. Additionally, our attorneys may be able to manage the following:

  • Documenting important details
  • Answering any legal questions
  • Investigating your case
  • Negotiating with insurance companies
  • Keeping track of offers and counteroffers
  • Gathering evidence 
  • Interviewing witnesses
  • Filing your claim on time
  • Determining your claim’s worth
  • Using resources like accident reconstructionists and medical professionals

With the help of our experienced team, you can relieve any stress about your claim and the impact your lack of helmet may have on your case. We may be able to ensure this does not affect your settlement and that you are treated fairly.

Contact a Knowledgeable New Mexico Motorcycle Accident Lawyer at Dominguez Law

If you have sustained injuries in a motorcycle accident and did not wear a helmet, you may worry about how that will impact your case. Even if you broke New Mexico’s helmet law, this might not have anything to do with your injuries and other damages. Due to the complex nature of these cases, you deserve high-quality representation that will fight for you and ensure you get a fair settlement. 

Our professional and talented team at Dominguez Law has proudly provided New Mexico motorcycle accident victims with innovative and effective legal services for years. We commit ourselves to protecting your rights and working with you to find the best path forward for your case. Our lawyers also speak Spanish to be able to reach as many people as possible. Give us a call at (505) 850-5854 or fill out our contact form to schedule a free consultation.