For years, New Mexico has had the highest pedestrian death rate in the nation, maintaining this status every year since 2016. By 2023, the state reached 4.97 pedestrian deaths per 100,000 residents, far above other states. In 2024, 94 people were killed while walking, and the state still ranked worst in the country. After years at the top of that grim list, lawmakers finally moved to change course. The result is the New Mexico vulnerable road user law. Just enacted in 2026, this new law aims to improve driver and motorcycle education to promote safety and protect vulnerable road users when sharing the road in New Mexico.
In this blog, the New Mexico pedestrian accident lawyer team at Lerner and Rowe will cover the law’s purpose, who it protects, how it changes driver training, and what to do if you’re injured in an accident.
What New Mexico’s Senate Bill 73 Actually Does
Senate Bill 73 is not a new penalty law, and it doesn’t create a standalone offense for hitting a vulnerable road user. Instead, it updates the state’s driver-education requirements.
New Mexico Senate Bill 73 amends the state’s education code to require that approved driver-education and motorcycle driver-education courses include at least 3 hours of instruction on driving around vulnerable road users. Governor Michelle Lujan Grisham signed it in 2026, and the requirement takes effect on January 1, 2027.
Many drivers have questions about how the new law will impact them and if they are required to obtain additional educational requirements. However, the law only applies to new drivers. It does not force current license holders to retake a class or meet any new requirement.
Who the New Mexico Vulnerable Road User Law Covers
A vulnerable road user is anyone using the road without the metal shell that a car or truck provides. Under the law and the state’s guidance, vulnerable road users include:
- Pedestrians, including people walking, jogging, or standing near the roadway
- Bicyclists and riders of other pedal-powered vehicles
- Scooter riders and skateboarders
- People using wheelchairs or other personal mobility devices
- Motorcyclists
- Roadside workers, utility workers, highway maintenance crews, and construction workers
- People operating farm equipment or riding horseback
The common thread among these groups is exposure; none have anything between them and a vehicle on the road, making them easy to miss. A cyclist in a blind spot, a pedestrian stepping off a dark curb, or a scooter rider crossing at dusk can disappear from a driver’s view in an instant, and the consequences fall entirely on the person without protection.
Why the New Mexico Vulnerable Road User Law Passed
Families of those who died in pedestrian and bicycle accidents pushed hard for this bill, and the state legislature listened. Their advocacy came as New Mexico continued to face persistently high rates of pedestrian and bicycle crashes. There are several factors as to why the pedestrian and bicycle accident rates have been high in New Mexico:
- Larger and faster vehicles
- Crowded urban areas where bike lanes and car traffic share tight space
- Increase in distracted driving
Driver education was the logical first move. If new drivers learn early to watch for and yield to vulnerable road users, fewer crashes happen. It won’t fix everything, but it adds to the New Mexico pedestrian safety laws and New Mexico bicycle safety laws already on the books.
New Mexico Vulnerable Road User Law Requirements
New drivers in New Mexico will be required to complete three hours of added education, focusing on the situations where drivers and vulnerable road users come into conflict and how to handle them safely.
The curriculum is set to cover:
- Giving bicyclists and pedestrians a wide, deliberate berth for safe passing
- Yielding when a pedestrian or cyclist has the right of way
- Actively looking for people on foot, on bikes, and on the shoulder, rather than only watching for other cars.
- Slowing down near work zones
The New Mexico vulnerable road user law is designed to make roads safer and hopefully decrease overall accidents involving the state’s vulnerable road users
Driver Behaviors the New Mexico Vulnerable Road User Law Addresses
Understanding the behaviors that cause these crashes is the key to stopping them. That’s exactly what the New Mexico vulnerable road user law is built around: its added driver education helps new drivers understand why these accidents happen in the first place.
The most common culprits include:
- Distracted driving
- Failure to yield
- Speeding
- Unsafe turns
- Passing too closely
What Vulnerable Road Users Should Do After a Crash
If a driver strikes you while you’re walking, biking, or working near the road, the moments and days afterward matter. Here’s what you can do to protect both your health and a potential personal injury claim:
- Get medical attention right away: Adrenaline masks injuries and some don’t show up immediately.
- Call law enforcement: A police report creates an official record of what happened and who was involved.
- Gather evidence: Photograph the scene, the vehicle, your injuries, and anything relevant like skid marks or a missing crosswalk signal.
- Get witness information: Names and phone numbers from anyone who saw the crash can make a real difference later.
- Preserve records: Keep medical bills, treatment notes, damaged gear, and anything else tied to the incident.
Be cautious with the insurance company, too. Adjusters may contact you quickly and seem friendly, but their job is to limit what the company pays. Some rely on tactics like delaying, denying, or defending rather than paying a fair amount. You’re not required to give a recorded statement before talking to an attorney.
Compensation after a Pedestrian or Bicycle Accident
The New Mexico vulnerable road user law focuses on preventing crashes, but it doesn’t change your right to seek compensation when a driver causes one. A car crash can leave you with bills, lost income, and a long recovery. State law lets injured people pursue recovery when someone else’s negligence caused the harm. Depending on the circumstances, that may include:
- Medical expenses for emergency care, surgery, hospital stays, and rehabilitation
- Lost wages for time missed at work during recovery
- Future treatment costs when injuries require ongoing or long-term care
- Pain and suffering for the physical pain and emotional toll of the crash
- Property damage to your bicycle, mobility device, or other belongings
- Wrongful death damages when a family loses a loved one in a fatal crash
Every case is different, and the value of a claim depends on its specific facts. An attorney can look at your situation and explain what recovery might realistically look like.
How a New Mexico Personal Injury Lawyer Can Help
Pedestrian and bicycle cases can get complicated fast. Fault can be disputed, injuries are often severe, and insurers push back hard. A New Mexico personal injury lawyer can help you by:
- Investigating the crash and identifying who’s responsible
- Gathering evidence like traffic camera footage, police reports, and witness accounts
- Documenting the full extent of your injuries and losses
- Dealing with the insurance companies so you don’t have to
- Pushing for the compensation you’re owed, in settlement talks or in court
The attorneys at Lerner and Rowe have represented injured New Mexicans across the state, and an Albuquerque personal injury attorney on our team can review your case at no cost. You focus on healing. We’ll focus on the claim.
Talk to a New Mexico Personal Injury Lawyer Near Me
The New Mexico vulnerable road user law is a step toward safer streets, but it can’t undo a crash that’s already happened. Getting hurt while walking or biking can change everything, and you shouldn’t have to deal with the aftermath alone. Our team is available 24/7.
To schedule a free case review, call (505) 444-4444, reach us through LiveChat, or fill out our online contact form.
Lerner and Rowe has recovered billions of dollars for injured clients nationwide, including more than a billion in the past three years. And with no fees unless we win, there’s no risk in reaching out.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.