Written by Parnall Law Firm reviewed by Bert Parnall Car Accident Articles
Owner/CEO at Parnall Law Firm
Seat belts have been a cornerstone of vehicle safety for decades, and it’s no surprise that wearing one significantly reduces the risk of injury in an accident. Nonetheless, many drivers and passengers are unclear about specific seat belt requirements, especially regarding who must buckle up in the back seat. By law, all passengers in the back seat are required to wear a seat belt in New Mexico. This may surprise some, but understanding and following this law can keep you safe and avoid hefty fines.
At Parnall Law in Albuquerque, we are dedicated to helping clients understand their rights and responsibilities on the road. This blog will clarify New Mexico’s security belt laws, the importance of wearing one in the back seat, and the steps you can take to stay safe while traveling in the Land of Enchantment.
Seat belts are more than just a legal requirement—they save lives. Whether you’re in the front or the back seat, wearing it reduces your chances of serious harm or death by a significant margin. In fact, according to the National Highway Traffic Safety Administration (NHTSA), security belts reduce the risk of death for rear-seat passengers by 25% and for front-seat occupants by 45% in car incidents. These statistics are compelling, especially considering the thousands of lives saved annually due to seat belt usage.
Moreover, seat belts help prevent passengers from being thrown from the vehicle in a crash. People in the back seat who aren’t belted up can become projectiles, posing a grave danger to themselves and everyone else in the car. Buckling up is a small act that makes a big difference, whether you’re driving across town or the state.
In New Mexico, state law requires all passengers, regardless of age, to wear a seat belt when riding in the back seat. This law applies to everyone—adults and children alike—and is part of the state’s broader efforts to reduce traffic-related injuries and fatalities.
In many states across the U.S., including New Mexico, primary enforcement laws allow officers to pull over a vehicle if anyone in the car, including those in the back seat, is not wearing a seat belt. You can be stopped and ticketed solely for failing to wear your seat belt, even if no other traffic violation has occurred. The fine for not buckling up in New Mexico can range from $25 to $50, depending on the circumstances.
The law also extends to child safety. Children under 18 must be properly secured in an appropriate child restraint system or seat belt, depending on their size and age. It’s crucial to ensure that children are buckled up correctly, as improperly secured children are at an even greater risk of harm in the event of a crash.
Yes, it does. New Mexico is among the states that have a primary enforcement law for seat belt usage. This means that an officer can stop your vehicle if they notice that a passenger, including those in the back seat, is not wearing a seat
Primary regulatory statutes are more effective at ensuring compliance and reducing fatalities. A U.S. Department of Transportation report shows that primary regulatory requirements result in higher seat belt usage rates and fewer injuries and deaths from car incidents.
While seat belts protect occupants, they can still cause specific injuries in a crash. However, injuries from not wearing a seat belt are often much more severe. Typical seat belt-related injuries include:
Despite these risks, seat belts remain the best protection in a crash. Damages like head trauma, spinal injuries, or ejection from the vehicle are far more likely without one.
At Parnall Law, we believe the best way to stay safe on the road is to avoid accidents. While some crashes are unavoidable, there are steps you can take to reduce your risk:
Taking these steps can protect yourself and others on the road. But it’s essential to seek legal advice if the worst happens and you are involved in a car collision.
In New Mexico, all backseat passengers must wear a seat belt by law. Complying with this law avoids fines and dramatically reduces the chance of grave injury or death in a catastrophe. For legal assistance after an accident, Parnall Law is ready to protect your rights and help secure the compensation you deserve. belt, even if there’s no other violation. Contact us for a free consultation.
In contrast, some states have secondary enforcement laws, where officers must observe another traffic violation before stopping a vehicle and issuing a seat belt citation. But in New Mexico, police officers have the authority to stop and ticket you solely for failing to comply with security belt requirements.
Bertrand Russell Parnall is an Albuquerque native, salutatorian of the Class of 1988 at Albuquerque High School, and co-captain of the district football champion Bulldogs. He earned his undergraduate degree from Rice University with a double major in history and French, and his law degree from the University of New Mexico School of Law after coming home to Albuquerque.
Years of Experience: 27+ years
Justia Profile: Bert Parnall
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Bertrand Russell Parnall who has more than 20 years of legal experience as a personal injury attorney.
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