Many motorcycle enthusiasts are staunchly opposed to mandatory helmets laws because they view them as an unwarranted infringement of a rider’s personal freedom of choice. Although there are legitimate liberty issues surrounding mandatory helmet laws, there is a substantial body of evidence supporting the view that wearing a motorcycle helmet that meets minimum Department of Transportation standards substantially reduces traumatic brain injuries and fatalities. Further, comparisons of fatality rates between states with universal helmet law and those that have repealed such laws indicate that more people suffer catastrophic injuries or wrongful death when there is no mandatory helmet use law in effect.
The effectiveness of motorcycle helmets at preventing head injuries and fatalities is well-established. Studies of fatal motorcycle accidents indicate that helmets are 37 percent effective in preventing fatalities involving motorcyclists and 41 percent effective at preventing deaths of passengers. There is also an abundance of evidence that more riders wear helmets in states that have universal helmet laws. The National Highway Traffic Safety Administration (NHTSA) reports that compliance is virtually 100 percent in states with mandatory universal helmet laws. In state without universal helmet laws, the NHTSA indicates that only between 28 and 40 percent of riders wear helmets.
Because motorcycles do not provide riders with the safety features available to passenger car occupants, such as a steel protective enclosure, shoulder and lap belts and air bags, a helmet is virtually the only significant safety equipment available to motorcyclists. Further, motorcycles greatly reduce the likelihood of head injuries, which are the leading cause of motorcycle fatalities.
When states have repealed motorcycle helmet laws, the percentage of riders that use helmets has dropped significantly. A study of tens states that repealed such laws found that motorcycle helmet use declined from virtually full compliance to no more than fifty percent. Motorcycle fatalities constitute just under 15 percent of traffic fatalities despite the fact that motorcycle account for less than one percent of all miles traveled by motor vehicles.
Our Kansas motorcycle accident attorneys at Cummings and Cummings know that many distracted, intoxicated and reckless drivers of passenger vehicles put motorcyclists in situations that make motorcycle accidents almost unavoidable. We strongly support helmet use as a critical safety measure to protect riders from negligent and inattentive drivers. If you are injured in a motorcycle accident, our dedicated team of Kansas motorcycle accident lawyers work diligently to obtain the compensation our clients need to rebuild their lives. We have over 30 years of combined litigation experience so contact us today at 316-264-1548 to learn about your rights and options.
