Written by Parnall Law Firm reviewed by Bert Parnall
Although motorcycles account for 3% of all registered vehicles, they make up 14% of traffic fatalities. In the United States, a total of 6,222 motorcyclists died in traffic crashes in 2022, a 23% increase from three years prior.
Various states, including New Mexico, have motorcycle laws and regulations to protect the lives of riders and other road users. Further, all road users, including drivers of passenger vehicles and motorcyclists, must abide by New Mexico’s traffic laws and regulations.
There is an increased risk of accidents when drivers ignore motorcycle laws and regulations.
Consult a trusted motorcycle accident attorney in New Mexico to understand your rights as an injured victim.
Do You Know the Motorcycle Laws and Regulations in New Mexico?
You must obtain a motorcycle license to operate on New Mexico roads. According to the Department of Motor Vehicles in New Mexico, you need a class M license, which has three levels depending on age and the motorcycle’s power.
For instance, class W endorsement applies to motorcycles with 100cc and other large motorcycles. First-time applicants for motorcycle licenses should attend a motorcycle driver training program that involves a driving and written test.
More importantly, all drivers, including motorcyclists, must carry minimum liability insurance with the following policy limits:
- $25,000 for physical harm or death of one person in an accident
- $10,000 for property death in any accident
- $50,000 for injury or death of two or more people in an accident
Motorcycle Helmet Laws
Under motorcycle helmet laws, riders and passengers under 18 should always wear helmets. Once a rider or passenger turns 18, they are not under legal obligation to wear a helmet.
Similarly, no person or dealer who leases or rents a motorcycle shall rent or lease a bike to a person below 18 unless the renter or lessee shows that such a person possesses a valid driver’s license or permit and has safety requirements for people of that age.
Failure to wear a helmet can result in a fine. Here’s how to choose an ideal helmet:
- Shape: Everyone’s head has a unique shape, as do the helmets available on the market. You can find a round oval, intermediate oval, or long oval. Although most people have a round or oval shape, it is vital to establish the shape of your head before choosing a helmet.
- Style: There are different helmets, each with a distinct feature corresponding to a riding style.
- Size: An oversized helmet will move around or sit in an uncomfortable position. A suitable size will be slightly tight and provide even pressure devoid of painful pressure points. You can measure the size of your head using a cloth tape. Then, cross-reference the measurement with a helmet size chart.
- Safety Ratings: Ensure the helmet has a DOT symbol on the outside back, which means it meets Federal Motor Vehicle Safety Standard (FMVSS) No. 218. Although NHTSA doesn’t approve helmets, it conducts tests to ensure they meet safety standards.
Bicycle Helmet Laws
According to the Child Helmet Safety Act, any child or teen under 18 should wear a helmet while operating a bicycle. The act, which came into place in 2007, mandates the use of DOT-approved helmets for all children who ride bikes, scooters, skates, tricycles, and skateboards.
A similar law requires children to wear helmets aboard off-road vehicles, snowmobiles, and all-terrain vehicles. Interestingly, New Mexico is the only state that requires minors to use helmets on recreational vehicles.
Moped Helmet Laws
Mopeds are two or three-wheeled vehicles with automatic transmissions and motors with less than 50cc piston displacement. Riders cannot use mopeds on freeways that do not permit bicycles.
Motorcycle helmet laws also apply to moped riders: those below 18 must wear D.O.T.-approved helmets. The law applies to moped passengers and riders.
Electric Scooter Helmets
Many Americans, including New Mexicans, have embraced electric scooters as a new mode of transportation. Although New Mexico has adopted the mode of transport, it has done so with caution.
As such, it has set a few rules that e-scooter riders must adhere to for safety reasons. For instance, riders should operate e-scooters on the road and lanes, not sidewalks. Riders should also follow traffic laws like all road users.
Riders must wear e-scooter helmets if they are under 18 years old. Similarly, anyone renting or leasing e-scooters to minors must provide them with helmets.
What Are the Penalties for Failing to Wear a Helmet?
Failure to wear a helmet while operating a bicycle, moped, or electric scooter for those below 18 years could attract a fine. Failure of someone below 18 years to wear a helmet leads to a class three violation.
A person under the age of eighteen operating an off-highway bicycle without eye protection and a safety helmet can attract a fine of $100. Even so, failure to wear a helmet does not contribute to comparative negligence in case of an accident.
A defendant cannot use the failure to wear a helmet as a defense to shift the burden of paying accident-related losses.
Safety Tips for Motorcycle Riders
According to the National Occupant Protection Use Survey (NOPUS) findings, DOT-compliant helmets are 37% effective in preventing fatal injuries to riders and 41% for motorcycle passengers.
In addition to helmets, the following tips help prevent motorcycle accidents:
- Stay on your lane and avoid lane-splitting
- Plan your trips during fair weather
- Keep an eye on animals that may unexpectedly rush into the road
- Wear the right gear when riding
- Don’t engage aggressive drivers
- Get plenty of sleep and a good meal before starting your trip
- Choose a route that suits your skill set
- Stay alert of your surroundings
Injured in a Motorcycle Accident? Contact an Experienced New Mexico Motorcycle Accident Attorney
Although New Mexico motorcycle laws protect road users, some accidents are bound to happen. Victims of motorcycle accidents deserve compensation for injury-related losses like medical expenses or lost income.
Therefore, you should work with an experienced attorney like Parnall Law, with a proven track record of winning motorcycle accident cases. Contact us online or at (505) 268-6500 for a free consultation.
Bertrand Russell Parnall
Owner/CEO at Parnall Law Firm
“Though my firm has grown quickly to fill the legal needs of our community, it has retained its focus on providing excellent service to clients. I believe what sets the firm apart from others is the way we treat our clients.”
Years of Experience: 25+ years
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