NTSB Asking States to Take Up Mandatory Helmet Laws

February 02, 2011

In 2009, over 4,400 motorcyclists were killed in traffic accidents according to the National Highway Traffic Safety Association (NHTSA). That number represents a 16 percent reduction from the previous year when over 5,300 riders died on U.S. roads.

Some of that reduction can be attributed to an increase in motorcycle helmet use. Statistics from the NHTSA note that in 2009, 67 percent of all motorcycle riders were regularly wearing helmets in 2009, up from 48 percent in 2005. But despite the recent decline in motorcycle deaths, the number of motorcycle traffic fatalities more than doubled from 1997 to 2008. As a result, the National Traffic Safety Board has added mandatory helmet use in its Most Wanted List of Transportation Safety Improvements for 2011.

History of Helmet Laws

According to the Governor's Highway Safety Association (GHSA), Congress required states to enact motorcycle helmet laws in order to receive highway funding in 1967. Most states had complied with this requirement by 1975. But in 1976, Congress revoked the authority to assess penalties for noncompliance. Since that time, there has been little incentive for states to prioritize helmet laws and, as a result, laws regarding helmet use have been consistently weakened.

The GHSA notes there are 20 states that have a mandatory helmet law for all riders, with 27 others having a partial helmet law for passengers and minors. There are three states, Illinois, Iowa and New Hampshire, that have no helmet law in place.

Effectiveness of Helmets

Head injury is the leading cause of death in motorcycle accidents according to the American College of Emergency Physicians. Still, many riders question just how effective helmets are at preventing serious injuries or death in accidents. As the NHTSA notes, even in states where motorcycle helmet use is mandatory, 86 percent of riders wear them.

Using a comparative analysis, the National Center for Statistics and Analysis of the NHTSA has estimated that helmets are effective in reducing fatal accidents by 37 percent. The same analysis notes that helmets are even more effective in preventing the deaths of passengers with a 41 percent effectiveness rate.

Other Ways to Stay Safe

Helmets are the best way to stay safe, but they are also just one of the many steps riders can take to prevent serious and fatal accidents. The Motorcycle Safety Foundation notes that all helmets sold in the U.S. must have a Department of Transportation compliance sticker on them, meaning that the helmet meets specific impact criteria.

Aside from a helmet, the MSF recommends operators take other safety precautions when riding. Wearing some form of eye protection is crucial. If the helmet does not have an attached visor, it is important to wear shatterproof glasses or goggles. A jacket and pants made of sturdy material, along with gloves and boots, are also recommended.

Visibility is another factor working against riders. Much smaller than other vehicles, motorcycles do not stand out and are difficult for drivers to see. Riders are advised to wear high-visibility gear -- brightly colored clothing during the day and reflective gear when riding at night.

Working With an Attorney

Due to the difference in size and the open nature of a motorcycle, riders often face serious and life-threatening injuries. If you have been injured in motorcycle accident, it is important to discuss your case with an experienced personal injury attorney.

Article provided by Knapp & Roberts
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