The repeal of the existing provisions on helmet use and contributory negligence will have significant implications on personal injury claims in the state. By allowing for a person's failure to wear a safety helmet to be considered in negligence claims, SB312 potentially increases the responsibility that riders hold for their own safety. This change could deter young riders from operating motorcycles without helmets, thereby promoting safer practices. Additionally, it aims to standardize helmet requirements across various jurisdictions within the state, fostering a consistent safety approach for motorcyclists.
Summary
Senate Bill 312 aims to amend existing motor vehicle laws in New Mexico by eliminating the provision that states a failure to wear a safety helmet cannot be considered as contributory negligence. This means that if someone doesn’t wear a helmet while riding a motorcycle, their failure to do so can now be taken into account in liability claims resulting from accidents. The bill specifically targets riders under the age of eighteen, requiring them to wear helmets while operating motorcycles or riding as passengers. The bill seeks to enhance safety protocols for young motorcyclists, reflecting a broader concern for youth protection on the roads.
Contention
There are expected to be notable points of contention surrounding this bill. Supporters may argue that it addresses public safety concerns and helps reduce the risks associated with motorcycle accidents, particularly for young riders who may be more vulnerable. Conversely, opponents could raise concerns that the bill may not sufficiently account for individual circumstances in accidents, potentially leading to unfair liability assignments. Additionally, there may be discussions about personal freedom and the right of individuals to choose whether or not to wear helmets, framing this as a matter of personal responsibility versus governmental regulation.