New Mexico Motorcycle Accident Lawyer

Can I still recover in New Mexico if I was not wearing a helmet?

Yes. New Mexico requires helmets for riders under 18, but adults may legally ride without one, so skipping a helmet is not a violation of law for an adult rider. Whether it can reduce your recovery is a separate question.

Insurers sometimes argue that a helmet would have prevented or reduced a head injury. Even when that argument is allowed, it targets the head injury, not your broken leg, road rash or damaged bike. And it does not change who caused the crash. A driver who turns left into your path is still responsible for the collision itself.

Our attorneys look at the medical records closely to separate injuries a helmet could not have changed from those where the defense will try to argue it. That separation keeps the full value of the other injuries in the case.

Where do motorcycle crashes happen most in New Mexico?

Most serious crashes happen on two-lane scenic routes and on busy urban corridors. The scenery that draws riders also brings hazards.

• The Enchanted Circle around Taos, Red River and Angel Fire, which fills with riders during summer rallies
• The Turquoise Trail between Albuquerque and Santa Fe
• Mountain roads in the Jemez and Sacramento ranges, with tight curves and sudden shade
• Central Avenue in Albuquerque, the old Route 66, with heavy cross traffic and left turns
• Long rural highways where cattle guards, loose gravel, wind gusts and wildlife create hazards

Southern New Mexico allows riding nearly all year, while northern mountain roads see most of their traffic from late spring to early fall. Afternoon monsoon storms can leave sand and debris across the pavement in minutes.

How does pure comparative fault work for a rider?

Your award is reduced by your share of fault, and there is no point at which you are cut off. That rule is especially important for riders, because juries sometimes start with a bias against motorcyclists.

Here is an example. A rider on the Turquoise Trail is hit by an SUV pulling out of a gas station. The rider was going 8 miles over the limit and not wearing a helmet. The jury values the rider's losses at $250,000, finds the SUV driver 80% at fault, and assigns the rider 20%. The rider recovers $200,000. Even if a jury had split the fault evenly, the rider would still collect half.

Why do drivers so often blame the rider?

Drivers commonly say they never saw the motorcycle. That statement is not a defense. Drivers have a duty to look for all traffic, including smaller vehicles.

Insurers also lean on stereotypes about speed and risk-taking. Our job is to replace those assumptions with facts. Helpful evidence includes:

• Helmet camera or dashcam video
• Scene measurements and sight-line photos showing what the driver could see
• Damage patterns on the bike and the car
• Witnesses, including other riders in your group
• Your riding experience and any safety courses you completed

What insurance pays for a New Mexico motorcycle crash?

The at-fault driver's liability policy is the first source. Because serious motorcycle injuries can exceed minimum limits, your own uninsured and underinsured motorist coverage is often just as important.

Check whether your motorcycle policy includes those coverages, and whether a car policy in your household might also apply. Medical payments coverage, if you bought it, can help with early bills. A passenger on the bike may have claims against both the other driver and, in some cases, the rider. If the crash was caused by a pothole or missing sign on a public road, written notice to the government entity is generally required within 90 days. See our government and public property claims page.

What should I do after a motorcycle crash?

Get checked by a doctor even if you rode away, because internal and head injuries can be delayed. Then protect the evidence.

1. Keep your helmet, jacket and gear exactly as they are.
2. Photograph the bike before any repair, and the road surface where you went down.
3. Collect contact details from other riders and bystanders.
4. Avoid posting ride photos or comments about the crash online.

Most motorcycle injury lawsuits in New Mexico must be filed within 3 years. Our New Mexico injury law overview covers the state's general rules. We offer a free case review and charge no fee unless we win. Learn more on our motorcycle accident page, or read about New Mexico car accident claims if another vehicle's insurer is disputing fault.