Thursday, April 4, 2013

Helmet laws: To wear or not to wear


One of the biggest controversial topics, especially this time of year, is riding motorcycle helmets.  Does the State have the right to mandate an individual to wear one or not?


Yes 65% of motorcycle deaths are because the rider did not wear a helmet.  But here is the question that has been proposed, "It is the rider's life so it's the rider's choice."



"In absence of proof that certain events could not cause motorcyclists, unprotected by helmets, to lose control of their vehicles and cause injury to others on or near the public highway, plaintiffs failed to meet burden of proving that statute requiring motorcyclists and their passengers to wear protective headgear bore no reasonable relationship to the public health, safety, and welfare." Love v. Bell , 1970, 465 P.2d 118, 171 Colo. 27.




As a rider, myself, I have to say that I believe it is the rider's choice UNLESS the rider is a minor.  I think we, as adult riders, have the right to decide for ourselves whether we wear helmets or not but minors should not have to live by our decisions.  I want to go as far and say that if you are an adult and have a minor ride with you I think you should wear a helmet also. 


good friend who is also a police officer was called to a motorcycle accident.  The child was wearing a helmet, the adult was not, when they were both flown from the bike.  The child watched his father die from injuries (on the scene) caused by not wearing a helmet.  We teach children by example.




Helmets do not prevent accidents and some believe that they may assist in causes accidents.  I am a rider and a passenger.  When I ride alone I wear my helmet (not secure enough of my riding abilities to go without).  When I am a passenger with my husband I do not wear a helmet. (crazy as this may seem because other drivers carelessness cause accidents but my husband is better prepared to adapt to those situations than I am).

"In action to declare statute requiring motorcyclists to wear protective headgear, unconstitutional evidence did not support contention that helmets as such do not prevent accidents, but rather interfere with proper operation of a motorcycle." Love v. Bell , 1970, 465 P.2d 118, 171 Colo. 27.
I know helmets save lives...but it is the riders' life it will save therefore I believe it is the rider's choice to wear or not to wear a helmet.  

To learn what the laws are in your State, click HERE.

What are your thoughts?




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Pueblo Office: 113 W. 12th Street  (Map it)

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Tuesday, April 2, 2013

Car Accident step by step process Part 16: Understanding Policy Limits




You are hurt in a car accident.  You have car repairs, medical expenses, you cannot work...your car insurance should pay, right?  Yes they should BUT what they pay is based on you.  It's called policy limits and you decide what they will be when you get car insurance.




For example:  In Colorado all driver are required to carry $25,000/$50,000 but what does this mean?

The first number is easy:  This is the number that is allowed per person in a car accident. The second number is the tricky part...this number is the TOTAL amount that is paid per occurrence.  What this means is if there are four people hurt in a car accident the $50,000 is divided between the four; $12,500 per person.  This number is regardless of how many people are hurt.  Imagine a five car pileup.....12 people are injured....this is not a lot of money to go around.

Now comes the uninsured/underinsured  (UM/UIM) coverage.  In Colorado you can waive this in writing but for the few extra dollars it is well worth the money.  My personal example; I was hit by a person who carried only the required amount 25/50.  $25,000 didn't even come close to what I needed for my injuries.  This is where my UIM (underinsured motorist kicked in and my insurance company paid the difference.  

I will admit until I needed it, I didn't understand it....by then, it's too late.  After my car accident and the information provided to me by my Attorney, Carol Zeisler, I changed my policy.  When I went in to discuss this with my agent I was surprised at the little difference it made in my premium amounts.  

No one wants to be in a car accident.  Most of us take care when driving so we aren't involved in a car accident....but they happen no matter how much care you take when driving.  One trip to the grocery store, to work or going home.....five seconds later your life can change.  

Ask yourself this:  would $25,000 pay for a lifetime injury in your life?  Know your policy, know what it means to you and if you are ever in a car accident....hire an Attorney. 




Like Zeisler & Associates, Attorney at Law, PC on Facebook or visit their website.

Pueblo Office: 113 W. 12th Street  (Map it)

Colorado Springs Office:  422 E. Vermijo Ave., Suite 412 (Map it)