Getting injured in a motorcycle accident is already difficult enough. When it comes to securing fair financial compensation for your injuries and losses, you could face a whole new set of challenges. Depending on the state where your motorcycle accident occurred, a lack of a helmet could interfere with your claim – potentially resulting in the reduction of your financial recovery.
What Is New Mexico’s Motorcycle Helmet Law?
According to New Mexico State Statute §66-7-356, helmets are only legally required for riders and passengers who are under the age of 18. Adults 18 and older may lawfully ride without a helmet, although helmets are still highly recommended by safety organizations to help prevent serious brain injuries in accidents.
If someone 17 or younger is operating or riding on a motorcycle in New Mexico, they must wear a Department of Transportation (DOT)-approved safety helmet. The helmet must fit snugly and correctly on the individual’s head and meet federal safety standards.
What Is the Helmet Defense?
The “helmet defense” refers to a defense against liability, or legal and financial responsibility, that an insurance company (or defendant) could potentially use against someone for failing to wear a helmet at the time of an accident. It may arise as part of a motorcycle or bicycle accident claim.
The helmet defense asserts that the claimant’s injuries would not have been as serious – or would not have happened at all – had the person been wearing a helmet at the time of the crash. The goal of using this defense is to diminish the victim’s financial recovery by reducing the defendant’s liability for injuries.
Can the Helmet Defense Be Used Against a Motorcyclist in New Mexico?
Whether or not the helmet defense can be used during a motorcycle accident claim depends on the law in the state where the collision took place. In general, it is only a usable defense in situations where the rider was in violation of state law by not wearing a helmet. In New Mexico, this means adults are protected against the helmet defense in court.
Since helmets are not a legal requirement for those 18 and older in New Mexico, automobile insurance companies cannot use a lack of a helmet to reduce the amount of an adult victim’s injury settlement. This is true even if the victim sustained a serious traumatic brain injury in the crash that likely would have been prevented with a helmet.
However, if a person under the age of 18 was not wearing a helmet at the time of a motorcycle accident, his or her financial recovery could potentially be diminished using the helmet defense in New Mexico. If a child passenger suffered a facial injury, for example, the insurer may have the right to reduce his or her compensation for not complying with the helmet law.
Requirements for Using the Helmet Defense
If an insurance provider wishes to use the helmet defense, it must prove that the injured person was unlawfully not wearing a helmet at the time of the accident and that this more likely than not contributed to the injury that the victim is claiming.
Since not wearing a helmet did not cause the motorcycle accident, it cannot protect a defendant from liability entirely. The at-fault driver or party will still be held responsible for negligence that caused the collision. However, when the helmet defense is allowed, a lack of a helmet can place a percentage of fault for a related injury on the plaintiff.
Typically, the helmet defense is only usable when an accident involves injuries that were scientifically less likely to occur if a rider had been wearing a DOT-approved helmet. Examples include concussions, traumatic brain injuries, facial injuries or disfigurement, dental injuries, head and skull injuries, and neck injuries.
New Mexico’s Comparative Negligence Law
A legal doctrine called the comparative negligence law exists to protect an injured accident victim’s financial recovery in cases where the victim shares fault. In New Mexico, the comparative negligence rule allows a motorcycle crash victim to receive a financial recovery even if he or she is assigned a percentage of the blame.
In cases where a victim is allocated a portion of fault, his or her settlement or judgment award will be diminished by an equivalent percentage. If an insurance company uses the helmet defense to place 15 percent of the blame on a helmetless victim, for instance, a total settlement of $100,000 would be reduced by the victim’s 15 percent of fault ($15,000) to $85,000.
Since New Mexico uses a “pure” comparative negligence law, there is no cap on how much fault can be allocated to a victim, short of 100 percent. In modified comparative negligence states, on the other hand, fault is capped at a certain percentage (usually around 50 percent), at which point a victim cannot recover any financial compensation from the other party.
What to Do if You Weren’t Wearing a Helmet at the Time of Your Motorcycle Accident
Under New Mexico’s motorcycle helmet laws, even if you were not wearing a helmet at the time of your accident, you can still be eligible for financial compensation from the party at fault for causing the crash. The helmet defense is more likely to affect your claim if minors are involved, since these are the only individuals required to wear a helmet in New Mexico.
That being said, if you weren’t wearing a helmet at the time of your accident, the extent of your injuries may be significant. If you suffered a severe or catastrophic injury that will have a major impact on your life, it is critical to consult with a skilled motorcycle accident attorney during the claims process to protect your rights.
The insurance company that receives your claim will try to pay you as little as possible to protect its own profits. This is especially common in high-value claims, such as those involving life-changing or fatal injuries. A talented motorcycle accident lawyer can shape your case to achieve the best possible outcome. Your lawyer can deal with insurance companies and potential defenses asserted against you while you focus on healing – including the helmet defense.
If you were injured in a recent New Mexico motorcycle accident, you can benefit from consulting with an attorney from The Fine Law Firm, whether or not you were wearing a helmet. Call (505) 494-1646 for a free consultation