Illinois motorcycle helmets remains voluntary

Steve Lombardi
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Posted by Steve LombardiApril 08, 2009 4:23 PM

The Illinois Senate has rejected a mandatory helmet plan for those riding on a motorcycle. This is one of the more frivolous legislative efforts by the State of Illinois Legislature. The research on traumatic brain injury (head injury and TBI) proves just how foolish it is to allow those riding motorcycles to do so without a helmet.

Iowa, Illinois and New Hampshire continue to allow motorcyclists to ride without helmets. Iowa and Illinois should know better. New Hampshire is just trying to live up to its state motto: Live Free or Die. Yeah I suspect they are doing just that on New Hampshire highways.

Failing to pass a mandatory helmet law is really an amazing feat. When you consider the states suffering financial hardship and wanting to decrease medical care expenses for the various state and federal programs; having no helmet law is incredibly irresponsible. This is legislative short sighted pandering to a few motorcycle riders who shouldn’t have any clout with the legislature.

I could see failing to pass a mandatory helmet law if there was a higher insurance requirement for anyone not wanting to wear a helmet. But there isn’t in Iowa. Iowa law doesn’t require a person to have private health insurance or medical pay coverage on their auto policy. Casualty insurance limits are a paltry $20,000 per person, $40,000 per accident and $15,000 for property destroyed. ( Motor Vehicle Financial Responsibility Law – 321A.1(11) That law hasn’t changed since January 1, 1983.

Iowa Code – Motor Vehicle Financial Responsibility

321A.1 Definitions.

The following words and phrases when used in this chapter shall, for the purposes of this chapter, have the meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning:

….

11. Proof of financial responsibility. Proof of ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of the proof, arising out of the ownership, maintenance, or use of a motor vehicle, in amounts as follows: With respect to accidents occurring on or after January 1, 1981, and prior to January 1, 1983, the amount of fifteen thousand dollars because of bodily injury to or death of one person in any one accident, and, subject to the limit for one person, the amount of thirty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and the amount of ten thousand dollars because of injury to or destruction of property of others in any one accident; and with respect to accidents occurring on or after January 1, 1983, the amount of twenty thousand dollars because of bodily injury to or death of one person in any one accident, and, subject to the limit for one person, the amount of forty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and the amount of fifteen thousand dollars because of injury to or destruction of property of others in any one accident.

And the costs of a motorcycle accident without a helmet increase the chances of suffering traumatic brain injury. The University of Iowa just completed a study.

JAMA -- Abstract: Motorcycle helmet-use laws and head injury ...

Motorcyclists live Better longer: Prevent traumatic Brain ...

Add increased deer population and the single motorcycle collisions become a fact of life. Throw in some alcohol and the numbers increase further. Then there are driving distractions of the other drivers choosing. There are distractions involving GPS navigation, DVD players, cell phones, text messaging along with iPods. Each of these electronic devices can and do cause driver distraction. Children cause distractions and the risks of not seeing a motorcycle and striking one increase further. Fault aside the risks of being in a motorcycle accident are far and away one of the most dangerous of all motor vehicle collisions.

Motorcycles and Deer Don't Mix in Iowa, S.Lombardi September 24, 2007

I have no intention of standing on a soap box to preach individual freedoms like most personal injury lawyers will do. I like my clients too much to pander to popular opinion just to get a few personal injury cases. If as a rider you’re angry with me for taking the opposing view than you aren’t being realistic about the risks of injury.

Iowa Motorcycle Helmet Law - A Choice To Protect Your Brain, S. Lombardi August 21, 2008

Helmets are a proven, low cost and effective way of combating brain damage. If the legislature won’t step in then riders need to protect themselves and voluntarily wear a helmet.

2. Motorcycle helmets

Countermeasure

Effectiveness

Use

Cost

Time

2.1 State motorcycle helmet use laws

Proven

Medium

Low

Short

2.2 Helmet law enforcement; noncompliant helmets

Unknown

Unknown

Low

Medium

2.3 Helmet use promotion programs

Unknown

Low

Varies

Medium

18 Comments

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Mark Temple
Posted by Mark Temple
April 09, 2009 12:37 PM

Traffic laws that would keep motorcyclists (and others) safer are ignored by cops, such as following too closely, speeding, etc. Ya see, it's the poor driving skills of the car drivers that cause damage to motorcycle riders. It's the easy way out to blame the rider. There's no helmeted riders that get hurt? Yeah, sure.

If wearing helmets made it safer for us, then the number of deaths per 1000 accidents would not have increased when California began making helmet usage mandatory.

What our helmet law has done in California is allowed police to violate motorcyclists 4th and 14th Amendment Rights, and made it seem "logical" for the police to violate a state traffic law so they can fine motorcycle riders. Yeah, in America.

How 'bout you lawyers admit that most in your profession will do anything for money and do not care about what is right. Get off your high horse, and stop telling me to get in line, brown shirt. If you can't see through the skewed NHTSA and IIHS statistics, Lombardi, how can you understand law?

Kit Maira
Posted by Kit Maira
April 09, 2009 1:14 PM

There is no difference statistically between the deaths per accident in states with helmet laws vs states without helmet laws. The main impact of helmet laws is to reduce the numbers of motorcyclists on the road.

Since insurance companies do not want to pay for the injuries and deaths caused by their bad drivers, they have an interest in getting motorcyclists off the road. Thus their campaigns in favor of mandatory helmet laws.

When states repeal their helmet laws, numbers of motorcyclists rise, as do accidents, but the deaths and injuries per accident remain constant. Motorcyclists make up a tiny fraction of motorists on the road.

Head injuries sustained in automobile accidents are far more numerous than the handful in motorcycle accidents. When you start advocating mandating helmet use in cars you can talk to me about helmet laws for motorcyclists.

Steve LombardiInjuryBoard Attorney Member
Posted by Steve Lombardi
April 09, 2009 1:23 PM

Mr. Temple: Me biased? Not biased, it's simply my opinion with research and statistics to back up my opinion. If you have one that is worth reading and has support in the literature or studies then write it, send it to me and I'll consider putting yours on the IB. But if it's just ranting and raving about some fictitious Constitutional rights don't bother.

My posts repeatedly warn, discuss and point out the fault of most auto drivers. I do realize it's the other guy that does cause a lot of wrecks with motorcycles, but not always. Sometimes it's just a deer.

All of that matters not when you the motorcycle rider ends up with brain damage. Who cares who caused the crash if the states don't require enough insurance and the rider ends up on Social Security Disability or some other taxpayer relief program?

And unless you've gone to law school and actually read and studied the US Constitution don't preach to me about the 4th and 14th Amendments. You haven't a clue what you're talking about.

As for lawyers willingness to say anything to make money, your accusation about me can't be any further from the truth. Think about it for a minute: Do you really think I'm winning points with those who ride motorcycles and get in accidents by taking the stand I do? Not on your life. Maybe with your widow or conservator, but not with you or those who think like you. On the contrary the finger you point about saying anything to win points should be at those personal injury lawyers who pander to your way of thinking, knowing full well that there is no constitutional right having anything to do with whether or not helmets are mandatory. ON the contrary they are whoring themselves to win favor with you be echoing an opinion that supports you getting brain damage. So thinking about it in those terms and ask yourself; who is on your side? Is it the guy arguing to protect you or the one telling you what you want to hear not what you need to hear?

Best of luck to you and remember to wear your helmet. Steve Lombardi

Steve LombardiInjuryBoard Attorney Member
Posted by Steve Lombardi
April 09, 2009 1:24 PM

Kit: What studies and statistics support your arguments?

Panzer
Posted by Panzer
April 09, 2009 2:10 PM

It is obvious that the author is has NOT thoroughly researched the data. (NHTSA on fatalities helmeted vs non, etc)
He contends that anyone not in agreement with HIS position, is "not being realistic...". Great arguement, agree with me or be dismissed as unintelligent.

In a previous article by Mr. Lombardi (advocating MANDATORY helmet use), he sights instances of riders killed while WEARING helmets- Jerry Alan Andresen.

Perhaps Mr. Lombardi truely believes that due to risk, no one should ride a motorcycle at all.

For the sake of his clients, I hope that Mr. Lombardi's litigious skills can overcome his willingness to ignore data that doesn't agree with his contentions & his inflated value of his own opinion.

Kit Maira
Posted by Kit Maira
April 09, 2009 7:02 PM

Steve,
Warren Woodward explains this better than I can. Read his article at More ...
It's more complicated that this tiny comment field allows.

dennis dierkes
Posted by dennis dierkes
April 09, 2009 11:13 PM

your research is not complete the is more head trauma caused by car accidents26%,pedestrian13%,bicycle7%,motorcycle6%,and other12% so i guess what you are saying everybody should where a helmet walking riding a bike riding in a car what ever activity we do is that what you want. Last time i checked it was a free country freedom of choice it should be the persons choice not your's just my opinion.

James CoolInjuryBoard Contributor
Posted by James Cool
April 10, 2009 12:06 AM

Steve:

I think they should be mandatory for passengers, but I think we'll forever lose the fight to mandate them with respect to the driver. Not wearing a helmet only hurts the fool who refuses to wear it and thus I think folks are reluctant to legislate it.

Ron
Posted by Ron
April 10, 2009 9:04 PM

I'd like to see those 62 % head traumas from vehicle accidents be reduced by requiring everyone to wear helmets while in a vehicle. Lets see if Steve Lombardi thinks this would also be short sighted pandering to a few vehicle drivers. I can promise this would be a HUGE "frivoulous legislative effort", as Steve puts it about motorcyclists and helmets, by our legislator to pass that one. Steve, you and everyone you allow inside your car, truck, etc wear a helmet each and every time your in that 4 wheel vehicle--and I'll wear one when I ride my motorcycle. Deal? After all--you guys are driving up my insurance cost, hospital costs, and are a huge public burden to us motorcycle riders.

Steve LombardiInjuryBoard Attorney Member
Posted by Steve Lombardi
April 10, 2009 9:19 PM

Ron: Thanks for your response (of sorts). Do you carry liability insurance? If so what are the limits of coverage under the liability, medical pay and UIM and UDM sections? Are you on Social Security Disability benefits? Do you have health insurance? Do you carry disability insurance? Thanks I'll look forward to a direct response?

Ron
Posted by Ron
April 11, 2009 8:48 AM

Steve, I do have excellent health, medical and full coverage vehicle insurance and my coverage is most likely as good, if not better than yours, and there is no proof that shows motorcycle riders are less insured than automobile drivers.In fact most of us own bikes worth well over 20,000 dollars and also new to almost new automobiles on the side and our coverage is most likely far better than the average Joe who only owns an automobile. So why keep pushing the public burden syndrome upon motorcycle riders especially when you and other automobile riders are more to blame for severe head injuries and the expensive aftermath of it all than we are. You also have yet to respond back to Kit's link on head injuries. Now,, will you agree to wear a helmet each and every time your in a vehicle or not? It is foolish (as you say) to allow automobile drivers to do so without a helmet. Thanks,I look forward to a direct response (of sorts)!

GA
Posted by GA
April 19, 2009 11:54 PM

More ...

Kit Maira
Posted by Kit Maira
April 23, 2009 7:28 PM

Steve, did you ever read the Warren Woodward article?

More ...

Kit Maira

Steve LombardiInjuryBoard Attorney Member
Posted by Steve Lombardi
April 27, 2009 11:58 AM

Kit: I did read the Warren Woodward article; unfortunately it provides no citation or references for where he obtained his data. Without being able to check the numbers and understand how they were gathered the conclusions are not reliable. Several questions do come to mind: 1. Do helmets give riders a false sense of security prompting riskier behavior. 2. How many m/c registrations were there and does this change the comparisons? 3. Is there an underreporting of m/c accidents? 4. Why are TBI's not mentioned and how does he define head injury? Interesting reading but the conclusions are not supported. Provide me the underlying data and I'll review again. Your forwarding the article was appreciated.

KIt Maira
Posted by KIt Maira
April 27, 2009 3:13 PM

Steve,
I don't know how you can say there are no references or citations in the Woodward study. Every table is gleaned from government statistics and the sources are all listed. Did you actually read the study?
As for your points if inquiry:
1. False sense of security? This may be an interesting topic for discussion, but irrelevant to the point of the article. You ask for verifiable data, but then ask how helmets effect a person's state of mind?
2. Declines of motorcycle registrations before and after helmet laws are thoroughly addressed on page 3.
3. Under reporting of motorcycle accidents? See Addendum 2, page 9: Vehicle Miles Traveled.
4. TBIs not mentioned? See Addendum 3, page 10: Transportation-related traumatic brain injuries.

Steve LombardiInjuryBoard Attorney Member
Posted by Steve Lombardi
April 27, 2009 5:11 PM

Until you provide Internet links or other directions to the actual DOT statistics the conclusions can not be justified.

Kit Maira
Posted by Kit Maira
April 27, 2009 6:10 PM

Would it really matter? Would you post a retraction to your story if you had the actual links to the DOT statistics?

Steve LombardiInjuryBoard Attorney Member
Posted by Steve Lombardi
April 27, 2009 11:10 PM

Kit, I think you're missing the point. This isn't about me or what I write, it's about head injury and traumatic brain damage from crashes and wrecks involved with motorcycle crashes. You don't have to convince me of anything. You have to prove the point you are promoting; that wearing helmets will not reduce head injury and traumatic brain injury during a crash. Whether I choose to believe that premise or not is not all that important; certainly not as important as your position being properly supported with credible research. Prove your point and my opinion will become relevant. I, like you, firmly believe in my opinion. The InjuryBoard is a platform for both positions to be debated.

That said, your position is wrong and mine is right. Wearing helmets will protect a person's brain. Your research proved nothing; it simply stated conclusions. I welcome the debate.

Comments for this article are closed.

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