Riding a motorcycle on the open road can be an exciting experience, offering a sense of freedom and adventure. However, that thrill comes with inherent risks. Motorcycle accidents often result in serious injuries or even fatalities for riders. This raises the critical question as to whether motorcyclists are legally required to wear helmets in New Mexico. At the Ruhmann Law Firm, we believe it is essential for riders to understand the state’s helmet laws and how they impact rider safety.
New Mexico’s Motorcycle Helmet Laws
New Mexico law (NMSA 66-7-356) requires all motorcycle operators and passengers under the age of 18 to wear a safety helmet. The helmet must fit properly on the person’s head and be secured with a chin strap while the motorcycle is in motion. The law also mandates that the helmet must comply with federal standards specified by the US Department of Transportation (FMVSS 218).
However, New Mexico does not have a universal helmet law. Riders 18 and over are not legally required to wear a helmet. New Mexico is one of 28 states that only have partial helmet laws, typically requiring helmet use for young riders but not adults.
The Importance of Wearing a Helmet
While not universally mandated for adults, wearing a helmet is one of the most effective ways for a motorcyclist to protect themselves. According to the CDC, helmets reduce the crash impact, reducing the chances of head injury by 69% and the risk of death by 42% in a motorcycle crash.
Motorcycle helmets protect the head and brain by absorbing the impact forces during a collision. They have a hard outer shell to resist penetration and a padded inner liner to cushion the head. Full-face helmets offer the most protection, defending the entire head, neck, and face in an accident.
Arguments For and Against Helmet Laws
Many motorcycle safety advocates believe New Mexico should join the 18 states and the District of Columbia that require helmets for all riders. They argue that helmet laws are effective at increasing helmet use and reducing crash fatalities and head injuries. Helmet laws also save money by reducing crash-related healthcare costs, which are often borne by public funds.
On the other side, some motorcyclists oppose mandatory helmet laws for adults, viewing them as an infringement on personal freedom. They believe the decision to wear a helmet should be a personal choice. Critics also argue that helmet laws discourage ridership, negatively impacting the motorcycle industry and tourism.
However, courts have consistently upheld the constitutionality of helmet laws. In cases dating back to the 1970s, courts found that helmet laws have a rational basis as a matter of public health and safety and do not violate an individual’s constitutional rights.
Our Firm’s Perspective
At Ruhmann Law Firm, our experienced motorcycle accident attorneys have represented far too many riders whose lives were permanently altered by crash injuries. Whether you are legally required to or not, we urge all motorcyclists to wear DOT-compliant helmets every time they ride. It could literally be the difference between life and death. However, we know that even helmeted riders can sustain serious injuries if they are hit by a negligent driver. Contact us for consultation today.