All Laws Decoded

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 lawOnly 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.
Lane splittingNew 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.
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.
Minimum car insuranceNo 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.
Deadline to sue for an injuryThree years for an action for an injury to the person.
Re-verified 2026-10-27.

More New Mexico personal injury & wrongful death

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.