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Apr 15, 2026
Seat belts are a vital safety feature in modern vehicles, and they save lives every day. Cars travel at high rates of speed, and collisions happen, even when drivers exercise the most care possible. There are no federal laws enforcing the use of seat belts, but all 50 U.S. states have some kind of seat belt statutes. If you live in New Mexico, it is important to know New Mexico’s seat belt laws.
If you are ever in a car accident, a New Mexico car accident attorney from Berenson & Associates, PC, can represent your car accident case.
Seat Belt Statistics
Although some people may find seat belts annoying or uncomfortable, it is an indisputable fact that they are highly effective at saving lives in a car accident. According to the Centers for Disease Control, seat belts statistically reduce fatalities in car accidents by half. In 2023, of the 23,959 people who were killed by passenger vehicle crashes in the United States, 49% were not wearing a seat belt.
According to the National Highway Traffic Safety Administration, wearing a seat belt while sitting in the front seat of a car reduces your risk of death by 45% and your risk of moderate to serious injury by half.
New Mexico Seat Belt Laws
New Mexico, like all other states in the U.S., has its own laws enforcing the use of seat belts, both for adults and for children. In summary, those legal requirements are as follows.
For Adults
All adults in a moving car must wear a seat belt. These include drivers, passengers, and those in the back seat. The seat belt must also be worn properly, as intended, not under the arm or behind the back.
For Children
Until they reach the age of seven years old, all children must ride in a specifically designed child car seat. After a child is seven and until they are 12, they must use a booster seat with the regular seat belt until they are tall enough that the restraint fits them properly.
Infants in child safety seats must ride rear-facing until they are at least one year old or weigh at least 20 pounds, although it is advisable to keep them rear-facing for as long as possible. This is because, when involved in an accident, the directional impact is less dangerous for young children’s developing spinal column. Many infant seats are convertible from rear-facing to front-facing and can accommodate children who weigh up to 50 or 60 pounds.
Penalties for Violating Seat Belt Laws in New Mexico
Generally, penalties for violating seat belt laws in New Mexico involve fines and driver’s license points. A first violation results in a $25 fine, and subsequent violations can result in higher fines. Always keep in mind that an adult driver is responsible for the safety of all the passengers in the car, particularly minors. Therefore, it is the adult’s responsibility to make sure that all minors comply with seat belt laws.
If you were injured in an accident that was not your fault in New Mexico, and you were not wearing your seat belt, it is important to hire a car accident lawyer as soon as you can. Because you were not wearing your seat belt, the liable party’s insurance company may try to deny your claim or reduce the damages you can recover. However, not wearing a seat belt is not a valid reason to reduce a personal injury claimant’s damages, per New Mexico’s car accident laws.
The same goes for children injured in car accidents. Although children are required to be properly restrained, whether in a child safety seat, a booster seat, or a regular seat belt, failure to comply with this law does not constitute grounds for reducing damages or establishing partial liability in an accident. If you face pushback from an insurance company or another liable party because of seatbelt use, your personal injury lawyer can negotiate for what you deserve.
FAQs
Are There Any Exceptions to the Seat Belt Requirement in New Mexico?
Yes, under certain circumstances, individuals may be exempted from New Mexico’s requirement to wear a seat belt. According to the law, if a person has a medical reason not to wear a seat belt, they can be exempted from a citation by producing a written note from a physician. Seat belt laws also do not apply to rural mail carriers while doing their job.
If I Was Injured in an Accident and Not Wearing a Seat Belt, Can I Still File a Personal Injury Claim?
Yes, you can still file a personal injury claim against the party liable for your accident if you were not wearing a seat belt when you were injured. New Mexico law specifically states that failure to wear a seat belt is not a sufficient reason to deny or reduce an injured person’s damages.
Can a Police Officer in New Mexico Pull a Vehicle Over Because the Occupants Are Not Wearing Seat Belts?
Yes, a police officer in New Mexico can pull a vehicle over if it is visible that the occupants are not wearing seat belts. Furthermore, if a police officer stops you for another reason and subsequently notices a seat belt violation, that officer is within their rights to issue a citation for the seat belt violation, in addition to the primary reason for the stop.
If I’m Pregnant, Should I Still Wear a Seat Belt?
Yes, if you are pregnant, you should absolutely still wear a seat belt. In fact, according to the National Highway Traffic Safety Administration, wearing a seat belt is the most effective thing you can do to protect yourself and your unborn child in the event of a crash. You should, however, make sure the belt is situated below your belly.
Hire a Car Accident Lawyer
If you have been injured in a New Mexico car accident, you have legal options to seek compensation for your losses, both financial and otherwise. At Berenson & Associates, PC, we bring over 25 years of experience to our clients’ cases. Contact us online today, or stop by our office at 415 6th Street Northwest in Albuquerque.
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