Note: While I personally do not advocate that people ride a motorcycle without a helmet, I strongly believe the government has no right to tell you that you MUST wear one. There are numerous examples of when I, along with a majority of motorcyclists, would wear a helmet even if the laws are repealed.

I urge all of you to take a stand against unnecessary regulation, even if you don't agree with my views on helmet laws. Will anyone be left to stand with you when your pastime becomes regulated? A great American once said, "Those that would sacrifice freedom for security deserve neither."


Helmet Laws: Unfair, Unjust, & Unconstitutional.
A critical look at mandatory helmet laws.




As of this writing, mandatory seat belt laws are on the books in over 40 states, and the number is increasing. Mandatory helmet laws for adults are enforced in approximately 25 states, and the number is decreasing. Why the difference in the law, and only the enforcement of the helmet law? Why, if any state where there is both a helmet and seat belt law, will a motorcyclist be stopped and ticketed for not wearing a helmet, but a motorist in a car CANNOT be stopped because it is considered a "minor" infraction that doesn't warrant a stop by authorities.

Overview
Myth: Motorcyclists without helmets drain state coffers.
Myth: Bikers only want to be in the wind
Myth: Motorcycles are deadly.
Myth: Motorcyclists wanting to repeal helmet laws are borderline criminals.
Myth: The media presentation of the helmet debate is unbiased.
Myth: Wearing a helmet will save your life.
The final point.
Footnotes


Overview

Seat belts are a safety device that have been proven to save lives.
Our government, having been elected by you, decided that you needed to have a law stating that you have to wear your seat belt. In fact, they didn't require expert testimony or expensive graphs, it's known that seat belts save lives. Don't worry, the police cannot stop you for not wearing your seat belt, they must stop you for something else first, like going ninety mph in a school zone, or hitting the policeman's car outside the doughnut shop and leaving the scene...

Helmets are a safety device that may or may not save lives.
Congress, after testimony from "experts", initially passed a law stating that states that did not pass a helmet law would forfeit some of their federal highway funds. After hearing the word "blackmail" again and again, this statute was repealed. However, some states refused to repeal a federally mandated helmet law. Some state laws require a "safety" helmet to be worn by a motorcyclist AT ALL TIMES. Fifty degrees or ninety degrees, street riding or dirt bikes, that helmet will save your life, according to medical "experts". A motorcyclist without a helmet, obeying all traffic laws, can be stopped, detained (aka arrested), and cited for not wearing a helmet.

A little inconsistency from our government?

So, what's the story here? The main disagreement currently used for not allowing people the right to choose is the one of perceived public burden. Let's look at what that public burden actually is, along with some other interesting information that shows the ignorance of the government and individuals requiring us to wear helmets. Yes, I said ignorance. But ignorance can be cured.


Common myth: Motorcycle injuries are draining the coffers of local, state, and federal governments.

Well, here are the facts:
The perceived public burden that injured motorcyclists place on the taxpayers is, in reality, extremely minute. Motorcycle accidents account for only 1/10 of one percent of total US health care costs. 1

According to the National Highway Transportation Safety Administration (NHSTA), motor vehicle accidents in general account for 1% of total medical costs.

Motorcyclists are just as likely to have private medical insurance coverage as are other road accident victims. 2

It is claimed that uninsured, injured motorcyclists are a public burden costing taxpayers significant dollars to provide medical coverage for their injuries. Researchers from the North Carolina Highway Safety Research Center report that 49.4% of injured motorcyclists had their medical costs covered by private insurers, while 50.9% of other road trauma victims were similarly insured. Click here to see average cost data and crash statistics.

"Helmet use was not found to be associated with overall injury severity (ISS), discharge facility (home, rehab, etc.), or insurance status."2

Motorcyclist injuries may be LESS costly to the public than injuries to other victims of vehicle accidents. Medical costs for motorcycle accident victims was 20% less than other vehicle accident victims. Only 7.9% of motorcycle accident victims relied on Medicare or Medicaid compared to 13.9% of other road trauma cases and 27% of non-road trauma cases. Motorcyclists had the highest insurance payment rate of any group.3

The federal government (NHTSA) will try and state that they have a study showing that that public burden of motorcyclist injuries is exceedingly high. This study is called "The Crash Outcome Data Evaluation System" (CODES). This study contains a major flaw which severely misrepresents the cost to the public for injured motorcyclists.

The CODES study is based on discharge records. When any patient's medical expense payments shifts from insurance or self-pay to public funds, the discharge records state that the costs were public pay. This means that if you paid 99.99% of your health coverage, but public sources paid as little as 0.01%, the CODES study reports the ENTIRE AMOUNT of their inpatient costs as public pay.

Other charts in the study also reflect these lopsided figures regarding public or private pay, although not as dramatically. One chart showed that only 28 cases from a total sample of 1593 cases make up the public pay category of one chart. Want to know more about the NHTSA?

Still confused about CODES? See the AMA's and MRF's response to the CODES studies below.
Additional Resources:
Public Burden White Paper - from California ABATEPAC.
Public Burden Due to Mandatory Helmet Laws
Public Burden Attack - Information from NCOM.
Why motorcycles are targeted.
AMA response to CODES study
MRF's response to CODES study


Common myth: Those "bikers" wanting an end to the helmet law only care about being "in the wind".

As with anything requiring your concentration, motorcycling requires the operator to be comfortable while operating their machine. Imagine typing at your keyboard with two pound weights attached to your wrists. This is very similar to wearing a helmet at highway speeds. The force of the wind against an helmet causes an increase in reaction times from the motorcyclist. Fatigue does set in. Being uncomfortable actually increases your chance of an accident when on a motorcycle, just as in a car. Does this mean that helmets cause motorcycle accidents? No. But it can be a contributing factor in an experienced and trained rider.


Common myth: Motorcycles are too dangerous and motorcyclists are dying in epidemic proportions.

Motorcycle fatalities are actually decreasing! And it's due to training, education, and, to some extent, licensing of motorcyclists. The fatality rate per registered motorcycle has decreased by 50% since 1966, and the fatality rate per 100 million miles travelled has decreased by nearly 75%4. More info


Additional Resources: 1993 Statistics on Motorcycle Fatalities
- Based on helmet law vs. free choice states.

Common myth: Motorcyclists screaming for their "rights" to not wear a helmet are borderline criminals and are fringe members of our society.

The median income of a motorcyclist is above the U.S. average at $33,200. The median age of a motorcyclist is 31, and 39% of motorcyclist's have a college education, compared with 22% of the overall population 5


Common myth: The media is fair and unbiased towards motorcyclists.

Excuse me, but this myth is so untrue! An unbiased media WOULD exist, were it not for advertising, yellow journalism, union concerns, political tendencies, and the personal hobbies of the people reporting the news. Think I'm being unfair? Read the following two editorials, written by the SAME person.

Click here for an example of unfair editorials.

Hmmmm.. who am I to judge? But I must make a comment. I do not think there should be a law on mandatory life preserver use for adults. Life preservers don't prevent accidents, but they prevent divers from having to recover the body of someone who was stupid enough to take a 20' sailboat into open water in 20' seas, which is risky enough. Again, it's about freedom. The editorial makes disparaging comments about people seeking freedom in the first editorial, but cries freedom in the second. Can you say "hypocrite"?


Common myth: Wearing a helmet will always save the motorcyclist's life.

Anecdotal evidence seems to sway emotional opinion about motorcycles and motorcycle safety. I heard a story from a mother who just lost her son in a motorcycle accident. She was vehemently against me, my kind, and wanted to spit on me for killing her son because I propose to let a motorcyclist choose for themselves whether they wear a helmet. Well, this mother, as it turns out, DID lose a son on a motorcycle. He was so badly hurt, there was nothing that the doctors could do, except say, "If he'd been wearing a helmet, we might have saved him". Want the truth?

Stories abound about how helmets saved a particular individual. But those stories generally fail to state how the person got in the predicament in the first place! The vast majority of motorcycle accidents are avoidable. While blame is assigned to most vehicle accidents, a study of it's avoidability is never conducted. Alertness, sobriety, and knowledge of your limitations, combined with a little bit of paranoia (doesn't every car want to hit a motorcyclist?), will keep a motorcyclist upright.

Additional Resources:
Fatal facts about helmet usage.
Helmets can kill...
And these guys say it's for MY safety???
Helmets affect vision ONLY 18% of the time. - Yeah, and the other 82% turn their heads away from where they're going...



The final point...

HELMET LAWS DO NOT SAVE LIVES. The current fatality rate from motorcycle accidents fluctuates between 2 and 3 percent, irregardless of whether a mandatory helmet law exists.

TRAINING SAVES LIVES. Motorcycle fatalities have steadily decreased since training classes have been available to motorcyclists. The best courses currently out there are by the Motorcycle Safety Foundation. They have courses available for the beginning and experienced motorcyclist. You never stop learning. Even if you've been riding for years, if you haven't taken a course yet, do so. It helps!

The American Motorcycle Association (AMA) has made a decisive stand on helmet laws also. For a look at their stance, click here.

Additional Resources:
California reduces motorcycle fatalities. - And the CHP says it's not due to the helmet law.
Pocket Guide to the helmet law debate - If you read anything on this page, READ THIS!



FOOTNOTES:
1. The National Safety Council, Accident Facts, 1991 Edition.
2. The University of North Carolina Highway Safety Research Center HSRC-PR188 - June 1992
3. "An Examination of Motorcyclists Injuries and Costs using North Carolina Motor Vehicle Crash and Trauma Registry Data", by Jane Stutts and Carol Martell, UNC Highway Safety Research Center.
4. National Center for Statistics and Analysis, Research and Development, Washington, D.C. 1993
5. Motorcycle Industry Council 1993 Statistical Annual



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Copyright © 1997, 1998 Stephen W. McDermott
Material attributed to sources are copyrighted by their respective authors.