My Helmet My Choice and Florida's Helmet Law

Florida is famous for rendezvous's like Daytona Bike Week in the Spring, Biketober Fest and the West Coast Biker Rally in the fall. Attracting hundreds of thousands of motorcyclist yearly, many of these riders are not your hardcore bikers, they are likely to be family oriented people who share a passion for the wind.

July 1, 2000 Florida's helmet law was changed. While not completely repealed it was modified with an amendment that stipulates certain requirements for bikers that want to ride helmet-less in Florida. The law states "You do not have to wear a helmet in Florida if you are at least 21 years old and have a minimum $10,000 in medical benefits for injuries incurred as a result of a crash while operating or riding on a motorcycle".

Taking away the right to make this personal choice is not the answer. Organizations like ABATE ("A Brotherhood Against Totalitarian Enactments") and the AMA ("American Motorcyclist Association") fight hard for the rights of the motorcyclist. The most important thing they do is rally together and force lawmakers to listen. Many organizations have pushed to change the law for various reasons. Are they trying to change it for personal regard for the rider? While many feel as though their rights are being taken away the reality is most motorcyclist do not carry enough personal protection insurance to cover them in the event they do go down. The bottom line is the cost to treat injured motorcyclists with head injuries as the primary diagnosis is staggering.

A summary was compiled by the NHTSA (National Highway Traffic Safety Association) and released in 2005. The effects of Florida's repeal of its all-rider motorcycle helmet use law are similar to those seen in the other states that have repealed such laws (Arkansas, Kentucky, Louisiana, Texas). These statics were found at head-trauma-resource.com.

* Deaths increased by 24 percent above what was expected from the increase in motorcycle registrations.

* Helmet use declined from near 100 percent to near 50 percent after the all-rider helmet law was repealed.

* The decline in helmet use likely contributed to the increase in fatalities.

* Deaths in riders 21 years, who were still required to wear helmets, increased by 188 percent.

* Motorcycle fatalities and fatality rates rose in Florida much more than nationally.

* Costs to treat injured motorcyclists with head injury as primary diagnosis more than doubled - to $44 million in 2002.

* Fewer than 25 percent of the hospitalized cases for head, brain or skull injuries cost less than $10,000, the required level of insurance to ride without a helmet.

* One out of five hospital-admitted motorcyclists had costs (total $10.5 million) billed to charitable and public sources (e.g. Medicaid).

When other motor vehicle laws are changed the ball starts rolling. Florida changed the seat belt law beginning June 30, 2009. Under the new law, Florida drivers can be pulled over for failing to wear a seat belt and fined $30.00. This is a primary enforcement law, which means the driver need not be doing anything else wrong to warrant a stop.

Information found at knowledgebase.findlaw.com states the NHTSA estimates that Florida can expect to save 124 lives per year with the new law. More than 1,700 people will be spared serious injuries and costs will be reduced more than $408 million. The NHTSA estimates that Florida could save 184 lives, prevent more than 2,500 serious injuries and save an additional $605 million annually if seatbelt use increased to 90 percent. Their figures show that seatbelt use saved 857 lives in Florida in 2007 and $3.8 billion in costs.

How long will it take before "Big Brothers" eyes again will be turned toward the biker. If you listen to the news when reporting a motorcycle accident it is nearly always mentions if the rider was NOT wearing a helmet.

If taking away a bikers right to wear or not to wear a helmet is due to liability insurance, why not address that part of the law? Hopefully before a group lobbies to take away this hard fought right a simple solution will be found.

Freedom To Be Cool Riders was born out of a passion for the wind. Motorcycling is a lifestyle and sharing it with all those that ride comes natural. Our mantra is "It doesn't matter what your ride-Just Ride". We have on board a retired professional motorcycle racer from New England who has over 50 years of motorcycling experience. His insider tips have proven to be a wealth of information and resources. For more information on Freedom To Be Cool Riders go to www.cool-riders.com.

For more motorcycle articles visit: http://www.motorcycle-articles.com

Please Rate this Article

5 out of 54 out of 53 out of 52 out of 51 out of 5 

Not yet Rated