Yes. In New Mexico, an adult rider who was not wearing a helmet can still bring a claim after a motorcycle crash, because state law only requires helmets for riders and passengers under 18. What decides most motorcycle cases is who caused the crash, how much insurance is available, and whether the evidence is collected before it disappears. This guide covers the New Mexico laws that matter after a motorcycle crash in Gallup, Albuquerque, or anywhere along I-40, US 491, and old Route 66.
Do you have to wear a helmet on a motorcycle in New Mexico?
Only if you are under 18. Under Section 66-7-356, "No person under the age of eighteen shall operate a motorcycle unless the person is wearing a safety helmet," and no one may carry a passenger under 18 who is not wearing a securely fastened helmet. Riders 18 and older may legally ride without one.
Eye protection is different. Under Section 66-7-355(B), a rider on a motorcycle without a fixed windshield must wear "an eye protective device, which may be a faceshield attached to a safety helmet, goggles or safety eyeglasses." That rule applies at every age.
Can the insurance company blame your injuries on not wearing a helmet?
They often try. The answer depends on your age and on what the medical evidence shows.
For riders under 18, the statute speaks directly: "Failure to wear a safety helmet as required in this section shall not constitute contributory negligence" (Section 66-7-356(B)). For adults there is no helmet duty to violate, so riding without one breaks no traffic law.
What no New Mexico appellate court has squarely decided is whether a jury may reduce an adult rider's damages because a helmet would have made a head injury less severe. Two decisions frame the question:
- In Thomas v. Henson, 102 N.M. 417 (Ct. App. 1984), the Court of Appeals read the helmet provision narrowly, saying it goes "to negligence in causing the accident, and not to apportionment of damages."
- The New Mexico Supreme Court reversed that decision on the seat belt question, holding that "the creation of a 'seat belt defense' is a matter for the Legislature, not for the judiciary." Thomas v. Henson, 102 N.M. 326 (1985).
The Legislature later closed the door for seat belts. Section 66-7-373(A) says a failure to wear one "shall not in any instance constitute fault or negligence and shall not limit or apportion damages." There is no matching sentence for adult motorcycle helmets, so expect the other side to raise it.
In practice, a helmet argument only touches injuries a helmet could have prevented. It has nothing to do with a broken leg, road rash, a shoulder injury, or a spinal injury, and it never changes who caused the crash. We meet it with the medical record and, when needed, expert testimony on how the injury actually happened.
Who is usually at fault in a motorcycle crash?
Very often, a driver who did not see the motorcycle. The most common pattern is a car turning left across the rider's path. New Mexico law puts that duty on the turning driver:
"The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard."
New Mexico Statutes, Section 66-7-329
Other common causes we see on Gallup streets and on the highways around it:
- A driver changing lanes into the rider. Under Section 66-7-317(A), a vehicle must stay "as nearly as practicable entirely within a single lane" and may not move over "until the driver has first ascertained that such movement can be made with safety."
- Following too closely and rear-ending a rider who slowed or stopped
- A driver pulling out of a side road or driveway onto Route 66 or US 491
- Semi trucks and their wind blast, wide turns, and blind spots on I-40
- Gravel, potholes, and broken pavement left unrepaired
- Drunk, distracted, or speeding drivers
Lane splitting comes up often. New Mexico has no statute that authorizes riding between lanes of traffic, and the single-lane rule above applies to motorcycles like every other vehicle.
What if you were partly at fault?
You can still recover. New Mexico is a pure comparative fault state. As the Supreme Court put it in Scott v. Rizzo, 96 N.M. 682 (1981), pure comparative negligence "denies recovery for one's own fault; it permits recovery to the extent of another's fault." If a jury finds a rider 20 percent at fault, the rider still recovers 80 percent of the damages.
Each defendant generally pays only its own share. Under Section 41-3A-1(A), the liability of multiple defendants "shall be several." That is why every responsible party, from the driver to a trucking company to a road contractor, needs to be identified early. More on fault in Partly at Fault in a New Mexico Crash?
How much insurance does the other driver have to carry?
Not much. Under Section 66-5-215(A), the New Mexico minimum is:
| Coverage | New Mexico minimum |
|---|---|
| Injury to one person | $25,000 |
| Injury to two or more people in one crash | $50,000 |
| Property damage | $10,000 |
Motorcycle injuries routinely cost far more than $25,000, which makes your own uninsured and underinsured motorist coverage critical. Under Section 66-5-301, every policy for a motor vehicle registered or principally garaged in New Mexico must include UM/UIM coverage unless the named insured rejects it. The Supreme Court held in Jordan v. Allstate, 2010-NMSC-051 that a rejection "must be made in writing and must be made a part of the insurance policy," and that without a valid rejection "the policy will be reformed" to include the coverage.
That means a rider who thinks they have no UM coverage may have it anyway. We pull the full policy and the rejection form in every case. See also New Mexico Minimum Insurance and Uninsured Motorist Coverage.
What if a government vehicle or a dangerous road caused the crash?
Different and much shorter deadlines apply. The New Mexico Tort Claims Act waives immunity for negligence "in the operation or maintenance of any motor vehicle" (Section 41-4-5) and for negligent "construction, and in subsequent maintenance" of highways and streets (Section 41-4-11). It does not cover a defect in a road's plan or design.
- Written notice to the government is due within 90 days of the crash under Section 41-4-16(A).
- The lawsuit must be filed within two years under Section 41-4-15(A).
Potholes and loose gravel on a city street or state highway can fall under these rules, so call early if the road itself played a part.
How long do you have to file a motorcycle accident claim in New Mexico?
Three years in most cases. Section 37-1-8 allows an action "for an injury to the person" to be brought "within three years." The Tort Claims Act deadlines above are shorter, and crashes on the Navajo Nation or involving federal employees follow their own rules. See How Long Do You Have to File an Injury Claim in New Mexico?
How dangerous are New Mexico roads for riders?
In 2023, 55 of the 436 people killed in traffic crashes in New Mexico were motorcyclists, about one in eight. Of those 55 riders, 27 were wearing helmets and 28 were not, according to the 2023 fatality log compiled by the UNM Traffic Research Unit for NMDOT (data as of January 8, 2025). Motorcycles are a small share of the vehicles on the road, so riders carry far more than their share of the risk.
What should you do after a motorcycle accident?
- Get medical care now and keep every record. Adrenaline hides injuries, and head and back injuries can worsen over days.
- Keep the gear. Do not repair or throw away your helmet, jacket, or boots. Damage to the gear shows how the crash happened.
- Photograph the scene and the bike. Skid marks, debris, the other vehicle, the road surface, and any gravel or potholes.
- Get the crash report. Note which agency responded: New Mexico State Police, Gallup or Albuquerque police, the McKinley County Sheriff, or Navajo Nation Police.
- Do not give the other driver's insurer a recorded statement. Adjusters often lead with questions about speed and helmets.
- Find your own policy. Your UM/UIM coverage may be the largest source of recovery.
Why injured riders across New Mexico call Keeler & Keeler
Billy Keeler has practiced law since 1997 and is admitted in New Mexico and before the Navajo Nation courts. We have been trying injury cases from our office in Gallup for more than twenty years, and we represent riders hurt on I-40, US 491, Route 66, and the roads between Albuquerque, Farmington, and the Arizona line.
In a motorcycle case we answer the helmet argument with the medical evidence, find every insurance policy that applies, including your own UM/UIM coverage, and preserve the evidence before it is gone. Consultations are free, and we handle injury cases on contingency. Learn more about our personal injury practice and our Gallup crash cases.
Frequently asked questions
Can I sue if I was not wearing a helmet?
Yes. Adults are not required to wear a helmet in New Mexico, and the person who caused the crash is still responsible for it. The other side may argue a helmet would have reduced a head injury, which is a question about damages, not about who was at fault.
Is lane splitting legal in New Mexico?
No New Mexico statute allows it. Riders are held to the same single-lane rule as other drivers under Section 66-7-317(A), and a lane-splitting rider may be assigned a share of fault. Under pure comparative fault, that reduces a recovery but does not erase it.
What if the driver who hit me had no insurance or drove away?
Uninsured motorist coverage can apply, and in New Mexico it is part of your policy unless it was rejected in writing. Report a hit-and-run to police right away.
What if the crash happened on the Navajo Nation?
Jurisdiction depends on where the crash happened and who was involved. See Navajo Nation accident jurisdiction and Can I Sue If I Was Hurt on the Navajo Nation?
What if a family member was killed in a motorcycle crash?
New Mexico allows a wrongful death claim. Learn more on our wrongful death page.
What does it cost to hire Keeler & Keeler?
Nothing up front. Consultations are free and we handle injury cases on contingency, so the fee comes from the recovery.
General information about New Mexico law, not legal advice for your case.
