Written by Parnall Law Firm reviewed by Bert Parnall Motorcycle Accidents Articles
Owner/CEO at Parnall Law Firm
Motorcyclists who ride without a helmet face an increased risk of serious head injuries during accidents, which can result in long-term disabilities, high medical costs, and even fatalities. Many riders are unaware of the legal and safety implications of riding without any protection. Knowing these cases’ risks is crucial whether you seek compensation for an accident or simply want to stay informed. If you’ve suffered such an injury in New Mexico, Parnall Law can help in the legal process.
Wearing them is the most effective way to reduce the risk of head injuries in motorcycle collisions. Helmets are designed to absorb the impact, protecting your head and brain from trauma. According to the National Highway Traffic Safety Administration (NHTSA), this equipment reduces the risk of head damage by 69% and lowers the chance of fatality by 42%.
While New Mexico only requires riders under 18 to wear them, the safety benefits apply to riders of all ages. For riders over 18, wearing a helmet is a personal choice. That being said, it is also essential to understand that choosing not to wear one puts you at a significantly higher risk for life-threatening injuries. The Centers for Disease Control and Prevention (CDC) states that motorcycle helmets save hundreds of lives yearly and could prevent many more deaths if worn universally. For additional information on the importance of using protective headgear, visit the Eastern Association for the Surgery of Trauma’s study on helmet efficacy.
These can range from mild concussions to severe traumatic brain injuries (TBIs). Below are some of the most common types of head injuries sustained in motorcycle accidents when helmets are not worn:
The National Institutes of Health conducted an in-depth study on traumatic brain injury in motorcycle crashes, revealing that motorcyclists who ride without helmets face a significantly higher risk of severe damage and highlighting the critical importance of helmet use in preventing or mitigating the aftereffects of these injuries. Their findings emphasize the need for immediate medical care and comprehensive legal support for accident victims.
If you’ve been in a motorcycle accident and weren’t wearing a helmet, you probably wonder whether you still have the right to sue for damages. The answer is yes, but the case may be more complex. New Mexico follows a “comparative negligence” rule, meaning that your compensation might be reduced based on the percentage of fault attributed to you.
For example, if you are found to be 20% responsible for your injuries because you weren’t using the proper protection, your final compensation may be reduced by that percentage. However, you can still sue for medical expenses, lost wages, pain and suffering, and other damages if the other party was primarily at fault for the accident.
Our team represents individuals involved in these situations, offering experienced legal guidance. Even if you weren’t well-protected, you may still have the right to pursue significant compensation for your injuries. We are dedicated to ensuring you understand your rights and options throughout the legal process.
When it comes to these incidents, insurance companies can be particularly difficult to deal with. Although this security measure is not legally required for adult riders in New Mexico, insurance adjusters may argue that not wearing a helmet contributed to the severity of your injuries, thereby reducing the amount they are willing to pay.
They often focus on this aspect in cases involving head trauma, claiming that wearing a helmet could have lessened the damage. This can result in lower settlement offers, delays in processing claims, and lengthy negotiations. Nonetheless, experienced legal representation can counter these tactics by focusing on the other driver’s negligence or the specific circumstances of the accident.
At Parnall Law, we understand the tactics insurance companies use and are prepared to advocate for the compensation you deserve. Our team will guide you through building a solid case and protecting your interests, ensuring that insurance adjusters do not exploit you.
If you or a loved one has sustained a head injury in a motorcycle accident while not wearing a helmet, you don’t have to face this difficult journey by yourself. Whether or not you were partially at fault, Parnall Law is committed to guiding you through the legal process. Our dedicated team in Albuquerque, NM, has a proven track record of success in motorcycle accident cases, and we are ready to fight for the compensation you deserve.
Reach out to us for a free consultation at (505) 268-6500 or contact us online today, where we can discuss the details of your situation and explore the legal options available for you.
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.
Tell us about your accident and your injuries. An injury lawyer from our team will call and provide you with a Free Evaluation of your Case. If we can help, and you are unable to travel, we will come to your home, office or hospital. It’s easy – let’s get started.
CONTACT US FOR A FREE CONSULTATION
Parnall Law Firm, LLC
Hurt? Call Bert ®
2155 Louisiana Blvd NE #8000
Albuquerque, NM 87110
Parnall Law Firm, LLC
Hurt? Call Bert ®
1424 Luisa St STE 1
Santa Fe, NM 87505
Parnall Law Firm, LLC
Hurt? Call Bert ®
2003 Southern Blvd SE #126
Rio Rancho, NM 87124