It can, but not in the way most people assume. New Mexico does not require adult riders aged 18 and older to wear a motorcycle helmet. Since there is no legal obligation for adults to wear one, riding without a helmet is not a traffic violation and does not make you negligent on its own. However, that doesn’t stop insurance companies from trying to use it against you in a motorcycle accident case. Adjusters may argue that your head injuries would have been less severe had you been wearing a helmet, and that tactic can threaten the value of your claim if it isn’t handled properly.
What Does New Mexico Law Actually Say About Motorcycle Helmets?
The state’s helmet law is limited in scope. Under NMSA § 66-7-356, only motorcycle riders under the age of 18 are required to wear protective headgear. If you are an adult rider, the decision is left entirely to you. There is no penalty for choosing to ride without one.
This distinction matters in the context of an accident claim. Since you weren’t breaking any law by riding without a helmet, the other side cannot argue that you were negligent simply for making that choice. Negligence requires a violation of a legal duty, and New Mexico imposes no such duty on adult motorcyclists regarding helmets.
How Might the Insurance Company Use My Helmet Choice Against Me?
Despite the fact that riding without a helmet isn’t illegal for adults, the insurance company may still raise it as a factor in your case. Their argument typically focuses on the severity of your injuries rather than who caused the crash. The insurer may claim that a helmet would have reduced or prevented your head injuries, and that you should bear some financial responsibility for the extent of the harm you suffered.
This strategy is designed to reduce the payout on your claim. If the insurer can convince a jury that your injuries were partially your own doing, your total recovery could shrink. Whether this argument gains traction depends heavily on the specific facts of your case and the evidence presented.
Key ways your attorney can counter this tactic include:
- Emphasizing that New Mexico law does not require adult riders to wear helmets
- Presenting medical expert testimony showing that the helmet would not have prevented the specific injuries you sustained
- Demonstrating that the at-fault driver’s negligence was the sole cause of the crash itself
- Highlighting that the focus should remain on the defendant’s conduct rather than the victim’s personal choices
An experienced motorcycle accident lawyer will know how to neutralize this defense before it can erode the value of your claim.
Does the Helmet Issue Apply Differently if I’m Under 18?
Yes. Because New Mexico law does require helmets for riders under 18, a minor who was not wearing one at the time of the crash faces a different legal situation. The failure to comply with the helmet law could be treated as evidence of negligence, which may reduce the amount of compensation recoverable. However, even in that scenario, the driver who caused the accident still bears primary responsibility for the collision itself.
Contact an Albuquerque Motorcycle Accident Attorney To Discuss Your Case
Insurance companies will look for every possible angle to reduce what they owe you. Whether you were wearing a helmet or not, you still have the right to pursue compensation if another driver’s negligence caused your crash.
Contact Caruso Law Offices, P.C. today for a free consultation at (505) 883-5000 to learn about how to protect the full value of your claim. We have been helping accident victims in New Mexico for over 40 years and have secured more than $1 billion in the process.