A Motorcycle Helmet: Use It or Lose It?

March 25, 2011 (Press-News.org) The National Transportation Safety Board (NTSB) recently issued a press release putting mandatory motorcycle helmet use on its Most Wanted List of Transportation Safety Improvements.

It reported that from 1997 through 2008, the number of motorcycle fatalities more than doubled during a period when overall highway fatalities declined

The NTSB has recommended that everyone riding a motorcycle be required to wear a helmet. Currently, only 20 states, the District of Columbia and four territories have universal helmet laws that apply to all riders.

Twenty-seven states have partial laws that require minors and/or passengers to wear helmets. Three states - Iowa, Illinois and New Hampshire - have no helmet laws.

South Carolina Helmet Law

South Carolina law requires anyone under the age of twenty-one to wear an approved protective helmet when either operating or riding as a passenger on a motorcycle or two-wheeled motorized vehicle. S.C. Code Ann. Sections 56-5-3660 (2010)
- "It shall be unlawful for any person under the age of twenty-one to operate or ride upon a two-wheeled motorized vehicle unless he wears a protective helmet of a type approved by the Department of Public Safety.
- Such a helmet must be equipped with either a neck or chin strap and be reflectorized on both sides thereof."

City of Myrtle Beach Helmet Law Ruled Unconstitutional

In 1988, the City of Myrtle Beach passed an ordinance requiring the use of helmets when using motorcycles. However, the South Carolina Supreme Court struck down the ordinance last year ruling that the City cannot mandate the protective gear in the absence of a state law.

The Myrtle Beach City Council adopted the ordinance in 2008 after years of complaints from residents about noise, lewd behavior and congestion along the 60-mile Grand Strand, and the helmet ban had an almost immediate effect: rallies saw double-digit percentage drops in attendance last spring.

The Court found that "the City Helmet Ordinance fail[ed] under implied field preemption due to the need for statewide uniformity and therefore issue[d] a declaratory judgment invalidating the ordinance." Individual cities each making distinctive rules on helmets and eyewear would lead to chaos for motorcycle riders. Aakjer v. City of Myrtle Beach, 388 S.C. 129, 694 S.E.2d 213, 2010 S.C. LEXIS 206 (S.C. 2010)

The Sad Truth

The NTSB issued an alert with the sobering statistics:
- Deaths from motorcycle crashes had more than doubled in the past decade - from 2,294 in 1998 to 5,290 in 2008 -- Another 96,000 people were injured in motorcycle crashes in 2008.
- Head injuries are a leading cause of death in motorcycle crashes.
- Motorcyclists who crash without a helmet are three times more likely to have brain injuries than those wearing a helmet.
- In addition to the tragic loss of life, the economic cost to society is enormous. In 2005, motorcyclists without helmets were involved in 36 percent of all motorcycle crashes, but represented 70 percent of the total cost of all motorcycle crashes - $12.2 billion.

Most surprising is the fact that in 1975, 47 states had mandatory helmet laws. Because of a change in federal law, by 1980, 27 states had repealed their laws.

Motorcycle rights advocates have pushed a well-orchestrated campaign of "Freedom to Ride," but their freedom comes at a high price. Medical costs for unhelmeted riders involved in crashes, according to the NTSB, are "staggering, estimated at $310,000 per crash-involved motorcyclist."

Wear A Helmet

The NTSB's overall guidance is that helmets are very effective at reducing risk of dying in a crash by 37%. They also reduce the need for ambulance service, hospitalization, intensive care, rehabilitation and long-term care that results from motorcycle crashes.

Moreover, it points out that helmets do not increase the likelihood of other injures. While many bikers want the "freedom to ride," the resulting brain injuries, bodily injuries, and deaths make others, including friends and family members, question the wisdom of the law. Is the freedom to ride without a helmet worth the freedom for a motorcycle crash victim to spend a lifetime as a quadriplegic, in a coma, or in the worst cases, to have the freedom to die?

Sources:

http://www.ntsb.gov/Pressrel/2010/101116.html

http://www.ntsb.gov/alerts/sa_012.pdf

Article provided by Rosen Law Firm, LLC
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