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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