Does New Mexico Have a Helmet Law?

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Does New Mexico Have a Helmet Law?

As a motorcyclist in New Mexico, you may be asking yourself whether New Mexico has a helmet law you need to follow. Proper helmet use is key to safety wherever you are and can help you avoid legal consequences. Here’s an overview of the legal helmet requirements in New Mexico from the Phoenix injury lawyers at Sargon Law Group. 

Are Helmets Mandatory in New Mexico?

A man and a woman are riding a motorcycle on a road.

The motorcycle helmet law in New Mexico states that riders and passengers under the age of 18 must wear a helmet at all times while on a motorcycle. The helmet must have approval from the Department of Transportation (DOT). Riders also need to secure the helmet properly to offer the best possible protection.


However, riders and passengers who are at least 18 years old do not have to wear a helmet. Although helmets are not required for adults, it is highly recommended for all riders to wear one, as it significantly reduces the risk of fatal head injuries in the event of an accident. The choice to wear a helmet as an adult rider is ultimately a personal one, but it’s important to weigh the safety benefits against the freedom of riding without one.

Can You Get in Trouble for Not Wearing a Helmet?

A person is laying on the ground next to a motorcycle.

If you are under 18 and caught riding without a helmet, you can face legal consequences. Law enforcement officers in New Mexico can issue citations to underage riders or their guardians if they violate the New Mexico helmet law.


Adult riders will not face legal penalties for riding a motorcycle in New Mexico without a helmet, since the motorcycle helmet law in New Mexico only applies to minors. However, it’s worth noting that riding without a helmet could impact personal injury claims if an accident occurs. Insurance companies may argue that not wearing a helmet contributed to the severity of injuries, potentially reducing the compensation you might receive.

Does Everyone Have to Wear a Helmet on a Motorcycle?

No, not everyone has to wear a helmet on a motorcycle in New Mexico. As mentioned, the law only requires riders and passengers under the age of 18 to wear a DOT-approved helmet. Riders who are 18 and older have the legal freedom to decide whether or not to wear a helmet while riding in New Mexico.


While the New Mexico helmet law is relatively lenient compared to states with universal helmet laws, riders can face serious non-legal consequences for riding without a helmet. For instance, in the event of an accident, helmet use—or lack thereof—could influence the chances of injury and the potential compensation a victim can claim.

Let Us Help You With New Mexico Helmet Laws

So, does New Mexico have a helmet law? Yes, but it only applies to motorcyclists and passengers under the age of 18. Though adult riders have the legal freedom to not wear a helmet, it’s important to remember that helmets significantly reduce the risk of injuries in a collision. If you or a loved one has been in a motorcycle accident in New Mexico, contact Sargon Law Group so our Phoenix motorcycle accident attorneys can help you receive the care and compensation you deserve.

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