Motorcycle Accidents and Helmet Laws

Beth Janicek
Attorney
(866) 735-1102 Ext 395
Posted by Beth JanicekSeptember 29, 2009 4:21 PM

Just this morning while looking through the news, I found three articles relating to motorcycle accident deaths in central Texas. The first was a U.S. Army soldier, Luke D. Yustin, 25, from Killeen, Texas who died on Friday in a motorcycle crash in Gillespie County. In the second accident, Errin Johnson, 34, was killed, and her husband, Gerald Johnson, 36, a Bandera County deputy, was seriously injured when their motorcycle was struck from behind by a truck over the weekend. The third motorcycle accident resulting in a fatality this weekend occurred in San Antonio, when Jeffrey McCarty, 47, crashed his motorcycle into an ambulance.

These accidents were extremely unfortunate events that regrettably took the lives of three people. Reading these articles made me wonder whether or not these people were wearing helmets, and what the statistics are regarding motorcycle accidents and the use of helmets.

While researching motorcycle accidents and helmet laws I found that the federal government estimates that per mile traveled, the number of deaths on motorcycles in 2006 was about 35 times the number in cars. In fact, the number of motorcyclist deaths has been rising in recent years, and in 2007, there were more deaths in motorcycle accidents than in any year since the National Highway Traffic Safety Administration (NHTSA) began collecting fatal crash data.

Helmets can decrease the severity of head injuries, the likelihood of death, and the overall cost of medical care. NHTSA has estimated that helmets can reduce the likelihood of a fatal crash by 37%. It is important to know what the helmet laws are in your state if you are considering riding a motorcycle. If your state has a universal helmet law, than a helmet is required for all riders. Partial helmet laws usually only require people under the age of 18 to wear a helmet. The Insurance Institute for Highway Safety has provided an interactive map detailing each state’s helmet laws.

7 Comments

Have an opinion about this post? Please consider leaving a comment or subscribing to the feed to have future articles delivered to your feed reader.

Mike BryantInjuryBoard Attorney Member
Posted by Mike Bryant
September 29, 2009 10:33 PM

Very hot button issue in Minnesota. Many of my clients argue that it's a freedom and choice issue. That is the crash is so bad ,it really won't matter.

moses
Posted by moses
September 30, 2009 2:08 AM

First of all, there are a lot more motorcycles now than ever before. People that have very little experience riding and don't really know the unwritten rules of the road. Furthermore, to put the blame on riders for not wearing a helmet or not is idiotic, especially when hit from behind from idiots that claim "well I didn't see him". Put the blame where it should be. Don't come up with more laws against the rider, put it on the driver of the automobile or truck.

Some One
Posted by Some One
September 30, 2009 8:17 AM

Luke was wearing a helmet. He was a soldier and flew helicopters for the army. If anyone knew how to be safe, it would have been him. RIP LUKE!

Posted by
September 30, 2009 10:40 AM

My cousin was the one hit by the ambulance. Helmet laws are certainly important, however, the fact remains that people driving in cars do not see motorcycles. Motorcyclist also seem to feel they don't need to obey the same laws as cars and pass, drive between or on the shoulders past cars. Should there be a separate lane for motorcycles and bikes? Would that help? I know cars don't always follow the law either, but they are more easily seen than a motorcyclist zipping in between lanes of cars.

Beth JanicekInjuryBoard Attorney Member
Posted by Beth Janicek
September 30, 2009 4:48 PM

These three accidents in such a short period of time made me wonder about helmet laws and what the statistics are regarding helmet usage. In no way did I mean to imply that these unfortunate accidents were caused by the motorcyclists. I understand that in many cases the motorcyclist is not at fault, and I believe that more people need to be aware of motorcycles on the road. Our thoughts and prayers go out to all the families and friends who were affected by these accidents.

MICHELLEturner@indian-creek.net
Posted by MICHELLEturner@indian-creek.net
September 30, 2009 10:34 PM

All three of these cases WERE wearing helmets. In the years of living here in the Hill Country there are many motorcycle accidents reported weekly. 8 out 10 of the fatalities were wearing helmets. What can be done?

Todd8080
Posted by Todd8080
October 01, 2009 11:33 AM

I run a Harley website and have been reading and posting helmet articles for a decade now. I've been riding since 1968.

Thirty years ago, at least two-thirds of motorcycle wrecks were caused by car drivers. Some would argue that figure is closer to three-quarters. The most common cause of motorcycle wrecks back then was car drivers turning left in front of motorcyclists.

Today almost exactly half of all motorcycle wrecks are caused by the rider, the most common cause now being simply riding off the road through inexperience.

That's the key word here, inexperience.

There's no question that DOT-approved helmets are uncomfortable and cumbersome. They cause an undue amount of wind pressure to be exerted on the head and thus the neck.

To get an idea of what I'm talking about, nonriders should try holding their hand out their car's sunroof at 70 mph and see how long they can keep it there. Then imagine that pressure against a giant Gazoo helmet for eight hours.

The solution to the helmet issue is simple. Make helmet use and rider training mandatory for inexperienced riders and let seasoned riders make their own choice.

Require all riders under twenty-one to wear a helmet, and riders over twenty-one to wear one for a period of two years after the date of their motorcycle endorsement.

Of course a whole lot more lives could be saved if you cagers would hang up your cell phones and concentrate on driving.

Leave a comment

Have an opinion? There are 3 ways to leave a public comment (or click here to email the author privately).

For information on acceptable commenting practices, please visit Lifehacker's guide to weblog comments. Comments containing spam or profanity will be filtered or deleted.

Method 1: Guests

Provide the information below. Your email address will not be published or sold.

Name:

Email Address:

URL:

Method 2: Facebook Users

Connect using your facebook account.

Method 3: InjuryBoard Members and Contributors

Please sign in

Comments:

5000 characters remaining.




Subscribe to InjuryBoard San Antonio

InjuryBoard San Antonio RSS Feeds

Keep up with the latest updates using your favorite RSS reader

Injury Board San Antonio is brought to you by The Law Offices of Beth Janicek

Legal Assistance Center

More Info
The Law Offices of Beth Janicek 866-735-1102 ext 395 www.bethjanicek.com
google
Personal Injury Lawyers Serving: San Antonio, Boerne, Crystal City, Del Rio, Eagle Pass, Helotes, Kerrville, all surrounding areas
100 SandauSuite 101, San Antonio, Texas 78216 [ Show Map ]
Better Business Bureau Accredited Business Confidential

Your question will be referred to an attorney near you. If your question is of a legal nature, then by submitting this form you agree you are not forming a formal attorney / client relationship. Read our full privacy policy.

Looking for an InjuryBoard attorney closer to home? Click here.

Subscribe to Blog Updates

Enter your email address if you would like to receive email notifications when comments are made on this post.

Email address