May 022017
 

In the land of the free, there are actually very few freedoms that Americans are afforded. When it comes to the rules of the road, under the guise of public protection people have very limited control over their behaviors. Things like mandatory seatbelt laws and helmet laws for motorcyclists have been debated for decades, especially between motor vehicle accident attorney Queens that deal with similar cases far too often. Finally having its day in court, the Lowe’s motorcycle helmet bill is still being debated.

The Nebraska state senator assembly is in a debate about repealing the law requiring motorcyclists to wear helmets, and whether that should be up to the individual. After decades of attempting to rid the state of the bill, its opponents might actually be successful. Although attempts have been unsuccessful for nearly two decades, the tide might be turning in favor of those who don’t want to wear helmets.

With the election of new members of the Senate comprising about one-third of those voting, this might be the year for big changes. Due to the term limits imposed during 2016, getting some new blood might actually help opponents against wearing helmets, get what they want – a repeal of the law. The law would also make it unlawful for anyone under the age of 6 years old to ride on a motorcycle as a passenger.

The argument is similar to those for seatbelts. When you get behind the wheel of either a motorcycle or a car, you are aware of the risks. It should be your right to have the freedom to decide for yourself what you want to do. Since an accident where you aren’t wearing a helmet may only affect you, the decision should be in your hands. Wearing a helmet doesn’t prevent accidents; therefore, the choice to wear one shouldn’t be guided by the state.

According to the National Highway Traffic Safety Administration, as many as forty percent of all motorcyclists who were killed in fatal crashes in 2015 didn’t have a helmet on. Statistics clearly show that not wearing a helmet on a motorcycle exponentially increases your chances of dying.

Proponents insist that Nebraska should avoid making the same mistake as Louisiana. Louisiana repealed the helmet law in 1999, but reinstated it due to the significant and severe increase in brain injuries and deaths. Those who want to maintain the helmet laws insist that it is a public health issue. Brain injuries cost the state millions, and those who sustain injuries are less likely to have motorcycle insurance, which costs everyone.

They also insist that there are times when wearing a helmet can impede a motorcyclist’s ability to see traffic and may actually lead to motorcycle accidents. Even if wearing a helmet reduces chronic brain injuries, the accidents might never happen to begin with if the motorcyclist wasn’t inhibited by the bulkiness and blind spots that some can experience while wearing a helmet.

Those who want to repeal the helmet law are bringing up issues like an increase in tourism.  They believe that being helmet-free will increase tourist revenue for the state. Currently, many who attend the Sturgis Motorcycle Rally located in South Dakota intentionally avoid Nebraska so that they don’t have to put a helmet on and “ruin the ride.” The additional money made in tourism, however, will most likely not pay for the increase in motorcycle accidents and their consequences on society and the state’s budget.

With a whole new Senate, conditions are ripe for change in Nebraska, but change doesn’t always come in the form of something good. Although wearing a helmet can be less of a hassle, there is no doubt that helmets can save motorcyclists from death and serious brain injuries. Whether or not freedom will reign in Nebraska remains to be seen.

A “nanny” state might save some people from themselves, but that isn’t what America was founded on. Fortunately, America was created as a society where people have free choice, even if those choices aren’t good ones. When someone decides not to wear a helmet, that doesn’t increase the likelihood that they will get into an accident. It may only increase the likelihood that they won’t die or sustain a more severe brain injury than if they didn’t wear one. Either way it should be their decision to choose.

 

 Posted by at 10:48 am

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