NEW MEXICO*
New Mexico motorcyclists are protected under New Mexico motorcycle law that makes negligent drivers responsible and liable to New Mexico motorcyclists. A biker who is involved in a New Mexico motorcycle accident may obtain compensation for his or her injuries that were caused by the other driver’s negligence. Damages may include payment for pain and suffering, scarring, disfigurement, loss of enjoyment of life, economic loss, no fault benefits, and more. What follows are some of the relevant law involving motorcycles in the State of New Mexico.
If you sustained an injury due to a New Mexico motorcycle accident and you haven’t contacted a lawyer about your New Mexico motorcycle accident, the best thing you can do for yourself is contact us NOW. We’ll listen to you and help you understand your options. If you have a case, we’ll help you find the best motorcycle accident injury attorney or law firm in your area. As an attorney who litigates these cases, I belong to many trial lawyer and motorcycle lawyer groups and have gone out of my way to find the best motorcycle attorneys in each state. Even the phone call is free, and there is no obligation. Don’t wait until it’s too late, make a simple call and talk to attorney Jason Waechter, The Motorcycle Lawyer. 1-877-Biker-Law (1-877-245-3752).
Ø New Mexico is an at-fault state. This means that the law of negligence governs New Mexico motorcycle and New Mexico motor vehicle accidents. The person who is found to be “at fault” for the New Mexico motorcycle accident can be held accountable for your injuries and damages in your New Mexico motorcycle accident.
Ø New Mexico Motorcycle – Definition: The following statute gives the definition of a New Mexico motorcycle.
§ 66-1-4.11. Definitions
As used in the Motor Vehicle Code:
F. "motorcycle" means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, excluding a tractor;
H. "motor vehicle" means every vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from batteries or from overhead trolley wires, but not operated upon rails; but for the purposes of the Mandatory Financial Responsibility Act, "motor vehicle" does not include "special mobile equipment"; and
Ø New Mexico Motorcycle Helmet Law: If you are riding on or operating a New Mexico motorcycle, and you are under the age of 18, you are required by law to wear a helmet with reflectorization.
N. M. S. A. 1978, § 66-7-356
§ 66-7-356. Mandatory use of protective helmets
A. No person under the age of eighteen shall operate a motorcycle unless he is wearing a safety helmet securely fastened on his head in a normal manner as headgear and meeting the standards specified by the director. The director shall adopt rules and regulations establishing standards covering the types of helmets and the specifications therefor and shall establish and maintain a list of approved helmets meeting the standards and specifications of the director. No dealer or person who leases or rents motorcycles shall lease or rent a motorcycle to a person under the age of eighteen unless the lessee or renter shows such person a valid driver's license or permit and possesses the safety equipment required of an operator who is under the age of eighteen. No person shall carry any passenger under the age of eighteen on any motorcycle unless the passenger is wearing a securely fastened safety helmet, as specified in this section, meeting the standards specified by the director.
B. Failure to wear a safety helmet as required in this section shall not constitute contributory negligence.
Ø New Mexico Motorcycle Eye Protection Law: If you are operating a New Mexico motorcycle, you are required by law to wear eye protection, unless the New Mexico motorcycle has a windshield or windscreen.
N. M. S. A. 1978, § 66-7-355
§ 66-7-355. Riding on motorcycles
A. A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, shall have his feet upon the footrests provided on the machine and shall not carry any other person nor shall any other person ride on the motorcycle unless it is designed to carry more than one person. If a motorcycle is designed to carry more than one person, the passenger may ride upon the permanent and regular seat if designed for two persons or upon another seat firmly attached to the rear or side of the motorcycle. The passenger shall have his feet upon the footrests attached for passenger use.
B. Any person operating a motorcycle not having a fixed windshield of a type approved by regulation of the secretary shall wear an eye protective device which may be a faceshield attached to a safety helmet, goggles or safety eyeglasses. All eye protective devices shall be of a type approved by regulations promulgated by the director.
Ø New Mexico Motorcycle Insurance: You are required by law to insure your New Mexico motorcycle. The minimum required insurance for your New Mexico motorcycle is Compulsory Liability. The required minimum limits are as follows:
· Bodily Injury Liability (1 Person): $25,000
· Bodily Injury Liability (All Persons, 1 Accident): $50,000
· Property Damage Liability: $10,000
N. M. S. A. 1978, § 59A-17A-3
§ 59A-17A-3. Definitions
As used in the Personal Insurance Credit Information Act:
H. “personal insurance” means private passenger automobile, homeowners', motorcycle, mobile-homeowners', boat, personal watercraft, snowmobile, recreational vehicle, noncommercial dwelling fire, personal umbrella or any other type of insurance policy that is individually underwritten for personal, family or household use; and
§ 66-1-4.11. Definitions
As used in the Motor Vehicle Code:
I. "motor vehicle insurance policy" means a policy of vehicle insurance that covers self-propelled vehicles of a kind required to be registered pursuant to New Mexico law for use on the public streets and highways. A "motor vehicle insurance policy":
(1) shall include:
(a) motor vehicle bodily injury and property damage liability coverages in compliance with the Mandatory Financial Responsibility Act; and
(b) uninsured motorist coverage, subject to the provisions of Section 66-5- 301 NMSA 1978 permitting the insured to reject such coverage; and
(2) may include:
(a) physical damage coverage;
(b) medical payments coverage; and
(c) other coverages that the insured and the insurer agree to include within the policy.
Ø New Mexico – Uninsured/Underinsured Motorist Coverage: If you are involved in a New Mexico motorcycle accident with an at-fault driver who has inadequate or no insurance to cover your claim, UIM coverage may protect you in this situation. This insurance is applicable in a situation where you are involved in a New Mexico motorcycle accident and the other driver is either underinsured or uninsured.
N. M. S. A. 1978, § 66-5-301
§ 66-5-301. Insurance against uninsured and unknown motorists; rejection of coverage by the insured
A. No motor vehicle or automobile liability policy insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any person and for injury to or destruction of property of others arising out of the ownership, maintenance or use of a motor vehicle shall be delivered or issued for delivery in New Mexico with respect to any motor vehicle registered or principally garaged in New Mexico unless coverage is provided therein or supplemental thereto in minimum limits for bodily injury or death and for injury to or destruction of property as set forth in Section 66-5-215 NMSA 1978 and such higher limits as may be desired by the insured, but up to the limits of liability specified in bodily injury and property damage liability provisions of the insured's policy, for the protection of persons insured there under who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness or disease, including death, and for injury to or destruction of property resulting there from, according to the rules and regulations promulgated by, and under provisions filed with and approved by, the superintendent of insurance.
B. The uninsured motorist coverage described in Subsection A of this section shall include underinsured motorist coverage for persons protected by an insured's policy. For the purposes of this subsection, "underinsured motorist" means an operator of a motor vehicle with respect to the ownership, maintenance or use of which the sum of the limits of liability under all bodily injury liability insurance applicable at the time of the accident is less than the limits of liability under the insured's uninsured motorist coverage. No motor vehicle or automobile liability policy sold in New Mexico shall be required to include underinsured motorist coverage until January 1, 1980.
Ø New Mexico Motorcycle Accidents: If you are involved in a New Mexico motorcycle accident, you must immediately stop at the scene of the accident.
N. M. S. A. 1978, § 66-7-201
§ 66-7-201. Accidents involving death or personal injuries
A. The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible, but shall then immediately return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 66-7-203 NMSA 1978. Every such stop shall be made without obstructing traffic more than is necessary.
B. Any person failing to stop or to comply with the requirements of Section 66-7-203 NMSA 1978 where the accident results in great bodily harm or death is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
C. Any person who knowingly fails to stop or to comply with the requirements of Section 66-7-203 NMSA 1978 where the accident results in great bodily harm or death is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
D. Any person failing to stop or comply with the requirements of Section 66- 7-203 NMSA 1978 where the accident does not result in great bodily harm or death is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Subsection A of Section 31-19-1 NMSA 1978.
Ø New Mexico Statute of Limitations: If you are injured in a New Mexico motorcycle accident and wish to file a claim against the at-fault driver, you must do so within 3 years from the date of the New Mexico motorcycle accident.
NMSA §37-1-8: Actions against sureties on fiduciary bonds; injuries to person or reputation.
Actions must be brought against sureties on official bonds and on bonds of guardians, conservators, personal representatives and persons acting in a fiduciary capacity, within two (2) years after the liability of the principal or the person from whom they are sureties is finally established or determined by a judgment or decree of the court, and for an injury to the person or reputation of any person, within three years.
*There are many exceptions, special definitions and complex issues that cannot be explained in this material. It is not intended to be a substitute for specific legal advice. Your legal rights greatly depend on the facts of your accident.
*Law changes constantly. Do not rely on this information. Law is vast and can not be covered in this limited space.
***Law portion of site in progress. New Mexico motorcycle law regarding New Mexico motorcycle accidents is being drafted and will be updated soon. Please call our firm for a free consultation to see if you have a case.
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