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Over the 4th of July weekend, a New York man died while on a ride to protest the mandatory helmet law in his state.
Philip Contos 55, died when his bike fishtailed and he went over the handlebars, hitting his head on the road. Medical personnel at the hospital had no doubt Contos would have survived if he had worn a helmet.
Contos was participating in the 11th annual helmet protest ride sponsored by the Onondaga chapter of ABATE, American Bikers Aimed Toward Education. The group lobbies for freedom and awareness among bikers and the public. The Syracuse chapter president, Christinea Rathbun, told a news agency how saddened and shocked the group was at Contos’ death.
ABATE believes that each adult rider should have a choice whether to wear a helmet, but New York is one of 20 states with a mandatory helmet law applying to all ages. South Carolina’s law requires riders under age 21 to wear a helmet.
A representative of the Governors Highway Safety Association, Jim Hedlund, stated that a helmet reduces the risk of fatality in a motorcycle accident by 40%. However, ABATE of New York’s website notes that helmet laws do nothing to prevent accidents, and the decision to wear one should be up to each adult rider.
As South Carolina motorcycle accident lawyers, we represent riders who were victims of motorcycle and auto accidents, and we see both sides: victims who did and did not wear helmets.
What do you think? Should wearing a motorcycle helmet be mandated by law, and why or why not?
Twenty seven U.S. states currently have partial motorcycle helmet laws—this means that, depending on a motorcyclists age, they may be required to wear a helmet. Some states even have bicycle helmet laws. In South Carolina, individuals who are 20 years-old or younger are required by the state to wear a helmet while operating a motorcycle. The only states that do not have age requirements associated with helmets include Illinois, Iowa, and New Hampshire.
We did a sweep of current motorcycle news across the country and found a few states that are in the works of changing their motorcycle helmet laws. Below are three mini news stories related to motorcycle helmet laws across the country:
Connecticut: According to a recent article on NewHavenIndependent.org, “The analysis of state Department of Transportation crash data between 2001-2007 found that there were 9,214 motorcycle crashes, including 358 fatalities. The number of fatalities was more than twice as high – 235, or 65.6 percent – among those riders who were not wearing helmets as among those who were – 123, or 34.4 percent.”
Connecticut implemented a mandatory helmet law in 1989 for motorcycle riders 17 years of age and younger. Since 1989, legislation was to change these laws arose five separate times, however, the law has remained the same.
Michigan: According to an article on Northern Michigan’s 9&10 News, 2011 just might be the year when motorcycle helmet laws are dropped. “Some still feel optimistic this could be the year the law gets repealed due to the republican control in the state house, senate, and the new republican governor.”
Oregon: Currently, all motorcycle riders must wear a helmet—no matter their age. According to the Insurance Journal, Oregon legislators are attempting to pass partial motorcycle helmet laws, which would require motorcyclists under the age of 21 to wear a helmet. Click here to view the 76th Oregon Legislative Assembly House Bill 3141.
To view all state motorcycle laws, click here.
