Putting the Lid On Helmet Laws - Kevin A. Case
I’ve had several heated on-line debates on the issue of helmet laws in certain states throughout the US. The most common argument against the law requiring motorcyclists to wear helmets are they should be free to choose. Most, also go on to say that they choose to wear a helmet but don’t want the government telling them they have to. I say that the freedom of choice argument is fine, but the choice one makes needs to come from a list of alternatives, and when it comes to motor vehicles, there is the issue of public safety and collateral damage that needs to be addressed.
Have you ever driven down the road in your cage (motorcyclists lingo for car / truck/ mini-van etc.) And had a stone fly up from the road and hit your windshield due to a vehicle in front of you or one that has passed by in the opposite lane? I’m sure most of you have. I say the danger of this happening while riding a motorcycle, causing you to lose control has serious implications with regard to PUBLIC safety. Imagine getting struck in the forehead by a small stone at upwards of 100 miles per hour or more as you have to account for the speed of the rock as well as the speed of the bike. It is very probable that this would cause you to lose control and the possibilities of causing a multiple vehicle accident are greatly increased. That being said, the “choice” the rider makes by not wearing a helmet directly affects the safety of others.
You need to also look at the consequences of a single vehicle motorcycle accident. Orphaned children, widowed wives or husbands, undue stress and commitment (financial or otherwise) by family members to care for a seriously injured rider, unnecessary insurance premium increases are all factors that can be easily influenced by the choice to ride without a helmet. Not to mention the trauma inflicted on emergency services personnel and others involved in an accident, no matter whos at fault.
I cannot get over how strongly people fell about their right to choose to wear a helmet or not simply due to the fear of government dictating their lives. You certainly have the freedom of choice. Here are some choices we all need to ponder. Choose your battles; join the NRA and protect the right to bear arms, organize a peaceful protest and protect your right to assembly, fight for you right to party. Whatever you choose, choose wisely. Back to the helmet issue, I say you have the right to choose and the alternatives are wear a helmet or don’t ride. Your choice.
- By Kevin A Case
March 20th, 2006 at 5:31 pm
You’ve probably heard this argument before, if so, my apologies. Just erase this entry if you have.
I always wear a helmet on the bike and a seatbelt in the cage. Not doing so is just not prudent. However, I also work for a law enforcement agency, and the cops here scare me sometimes. They always seem to think that their seach-and-seizure rights are too restrictive. I’ve listened to them speak of using the seatbelt law as an excuse to search a vehicle.
For me, this is an attack on the 4th amendment, which states that a “person shall be secure in his person, papers, and effects” against unreasonable search and seizure. I know of one federal law agent, who told me that he pulled over a driver and detained him until a sheriff came to ticket him for not wearing a seat belt.
In these post 9-11 days, I think that law enfocement is taking advantage of the warm fuzzy feeling the public has towards them. I feel safer from unreasonable search on a motorcycle than I do in a car, due to the lack of helmet laws.