Motorcycle Accident Claims in New Mexico
The New Mexico helmet law, whether lane splitting is legal, how fault is shared after a motorcycle crash, and the deadline to sue.
Short answer: Only riders under 18: no person under 18 may operate a motorcycle, and no one may carry a passenger under 18, unless that person wears a securely fastened safety helmet meeting state standards (autocycles are exempt). NMSA 1978, §§ 66-7-356, 66-7-355
| Motorcycle helmet law | Only riders under 18: no person under 18 may operate a motorcycle, and no one may carry a passenger under 18, unless that person wears a securely fastened safety helmet meeting state standards (autocycles are exempt). The statute says that failing to wear a helmet as required does not constitute contributory negligence. All operators without an approved windshield must wear eye protection. Read on NMOneSource (New Mexico Compilation Commission official site), NMSA 1978 unannotated, chapter document; the URL is the chapter page. Source: NMSA 1978, §§ 66-7-356, 66-7-355 |
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| Lane splitting | New Mexico's laned-roadway statute requires that a vehicle be driven as nearly as practicable entirely within a single lane and not be moved from that lane until the driver has first made sure the movement can be made safely. The motorcycle-riding section read (§ 66-7-355) does not mention lane splitting, and the statutes read do not name it. Read on NMOneSource (New Mexico Compilation Commission official site), NMSA 1978 unannotated, chapter document; the URL is the chapter page. A motorcycle-specific lane-splitting statute was not identified; no absence claim is made. Source: NMSA 1978, § 66-7-317 |
| Fault rule (comparative negligence) | New Mexico uses comparative fault. By statute, in cases where comparative fault applies, liability is generally several: each defendant pays only the share of damages equal to its percentage of the total fault attributed to all persons, including plaintiffs and non-parties, with joint and several liability kept for intentional wrongdoers, vicarious liability, strict product liability and certain other situations. Re-verified 2026-10-27. Source: NMSA 1978, § 41-3A-1 |
| Minimum car insurance | No owner may allow, and no person may drive, an uninsured vehicle on New Mexico streets or highways. Required evidence of financial responsibility is at least $25,000 per person and $50,000 per accident for bodily injury and $10,000 for property damage (or a $60,000 bond or cash deposit). Mandatory insurance: https://nmonesource.com/nmos/nmsa-unanno/en/item/18569/index.do Re-verified 2026-10-27. Source: NMSA 1978, §§ 66-5-205, 66-5-208 |
| Deadline to sue for an injury | Three years for an action for an injury to the person. Re-verified 2026-10-27. Source: NMSA 1978, § 37-1-8 |
More New Mexico personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in New Mexico
- Wrongful Death Lawsuits in New Mexico
- Medical Malpractice Rules in New Mexico
- Car Accident Claims in New Mexico
- Dog Bite Liability in New Mexico
- Slip, Trip and Fall Injuries in New Mexico
- Sidewalk and Public Property Falls in New Mexico
- Pedestrian Accident Claims in New Mexico
- Bicycle Accident Claims in New Mexico
- Uber and Lyft Accident Claims in New Mexico
- Truck Accident Claims in New Mexico
- Construction Site Injuries in New Mexico
- All New Mexico personal injury & wrongful death rules
FAQ
Do you have to wear a motorcycle helmet in New Mexico?
Only riders under 18: no person under 18 may operate a motorcycle, and no one may carry a passenger under 18, unless that person wears a securely fastened safety helmet meeting state standards (autocycles are exempt). The statute says that failing to wear a helmet as required does not constitute contributory negligence. All operators without an approved windshield must wear eye protection.
Is lane splitting legal in New Mexico?
New Mexico's laned-roadway statute requires that a vehicle be driven as nearly as practicable entirely within a single lane and not be moved from that lane until the driver has first made sure the movement can be made safely. The motorcycle-riding section read (§ 66-7-355) does not mention lane splitting, and the statutes read do not name it.
Can you recover damages if you were partly at fault in New Mexico?
New Mexico uses comparative fault. By statute, in cases where comparative fault applies, liability is generally several: each defendant pays only the share of damages equal to its percentage of the total fault attributed to all persons, including plaintiffs and non-parties, with joint and several liability kept for intentional wrongdoers, vicarious liability, strict product liability and certain other situations.
What is the minimum car insurance required in New Mexico?
No owner may allow, and no person may drive, an uninsured vehicle on New Mexico streets or highways. Required evidence of financial responsibility is at least $25,000 per person and $50,000 per accident for bodily injury and $10,000 for property damage (or a $60,000 bond or cash deposit).
What is the statute of limitations for personal injury in New Mexico?
Three years for an action for an injury to the person.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.