After a car crash in New Mexico, many injured people worry that not wearing a seatbelt might destroy their chance to recover compensation. Good news – New Mexico law protects your right to fair compensation regardless of whether you were buckled up at the time of the crash.
The Truth About Seatbelts and Your Accident Claim
Here’s something that might surprise you: In New Mexico, the fact that you weren’t wearing a seatbelt cannot be used against you in your personal injury claim. This is different from many other states, where defense attorneys can argue a “seatbelt defense” to reduce your compensation.
New Mexico law is clear – failure to wear a seatbelt is not considered contributory negligence. This means the at-fault driver can’t claim you’re partially responsible for your injuries just because you weren’t buckled up.
New Mexico’s Stance on the “Seatbelt Defense”
In the important case of Mott v. Sun Country, the New Mexico Court of Appeals confirmed that seatbelt non-use cannot be held against plaintiffs in personal injury cases. The court recognized that the cause of the accident is the at-fault driver’s negligence, not whether someone was wearing their seatbelt.
This protection exists because New Mexico lawmakers understand that:
- The person who caused the crash should be responsible for all resulting injuries
- Allowing seatbelt evidence could unfairly reduce compensation for serious injuries
- Juries might make assumptions about seatbelt use that aren’t based on scientific evidence
Seatbelt Laws in New Mexico
It’s worth noting that New Mexico does have a mandatory seatbelt law under the Safety Belt Use Act. You’re legally required to wear your seatbelt while driving, and police officers can ticket you for not wearing one.
But here’s the important part: This traffic law is completely separate from your right to compensation after an accident. Even if you received a ticket for not wearing your seatbelt, this fact cannot be introduced as evidence in your personal injury case.
Common Questions About Seatbelts and Accident Claims
Q: Will not wearing a seatbelt hurt my case in New Mexico?
A: No. Unlike some states, New Mexico prohibits the “seatbelt defense.” The defendant cannot argue that your injuries would have been less severe if you had been wearing a seatbelt.
Q: Can insurance companies deny my claim because I wasn’t wearing a seatbelt?
A: Absolutely not. Insurance companies sometimes try this tactic, but they’re wrong. At Roadrunner Law Firm, we fight these improper denials aggressively.
Q: What if the other driver’s insurance company brings up my seatbelt use?
A: This is precisely why having experienced car accident lawyers on your side matters. We’ll object to any mention of seatbelt use and ensure the court follows New Mexico law.
Real-World Example: How This Affects Your Compensation
Let’s say you’re in a serious accident caused by a distracted driver. You suffer $100,000 in medical bills and lost wages. In some states, if you weren’t wearing your seatbelt, the defense might argue your compensation should be reduced by 30% or more.
In New Mexico, you’re entitled to recover the full $100,000 (assuming that’s within the available insurance limits). Your seatbelt use is simply not relevant to your right to compensation.
Why This Matters to Accident Victims
This legal protection is especially important when we consider that many crashes result in catastrophic injuries requiring extensive medical care. A reduction in compensation based on seatbelt use could mean the difference between financial security and bankruptcy for many families.
For example, a traumatic brain injury might require $500,000 in lifetime medical care. In New Mexico, your right to pursue the full amount of your damages is protected, regardless of whether you were wearing a seatbelt.
What To Do After an Accident in New Mexico
If you’ve been injured in an accident:
- Seek medical attention immediately
- Document everything related to the crash
- Don’t discuss seatbelt use with insurance adjusters
- Contact an experienced personal injury lawyer who understands New Mexico’s specific laws
How Roadrunner Law Firm Can Help
At Roadrunner Law Firm, we’ve helped countless New Mexico accident victims recover fair compensation, regardless of seatbelt use. We understand the nuances of New Mexico law and how to protect your rights throughout the claims process.
Our team will:
- Prevent improper seatbelt evidence from harming your case
- Calculate the true value of your injuries and damages
- Handle all communications with insurance companies
- Prepare your case for trial if a fair settlement isn’t offered
Don’t Let Insurance Companies Diminish Your Claim
Insurance adjusters often try to use seatbelt non-use as leverage to reduce settlements, even though it’s not legally valid in New Mexico. Having knowledgeable legal representation ensures these tactics won’t work against you.
Get Help With Your New Mexico Accident Claim Today
If you’ve been injured in an accident, don’t let concerns about seatbelt use stop you from seeking the compensation you deserve. Contact Roadrunner Law Firm today at 505-444-4321 for a free consultation.
Our experienced team will evaluate your case, explain your rights under New Mexico law, and fight to get you the maximum compensation available. We have extensive experience handling car accident cases throughout New Mexico and understand how to protect your rights every step of the way.
Remember: In New Mexico, your right to compensation after an accident caused by someone else is protected – whether you were wearing your seatbelt or not.
