With summer in full swing, motorcycle riders are coming out of the woodwork in Illinois and across the nation. Unfortunately, many of these motorcycle riders do not wear helmets on Illinois roads and highways for one main reason: Illinois remains one of the only states in the country to without a motorcycle helmet law.
The debate over mandatory motorcycle helmet laws has been highly contested in Illinois. On the one side, traditional motorcycle enthusiasts who feel bikers should have the choice to to wear a helmet or not, and on the other side, consumer safety organizations, and many top Chicago personal injury lawyers, who argue that motorcycle helmet laws save lives.
As the number of fatal motorcycle crashes in Illinois continues to rise, the debate over helmet requirements continues. Illinois is one of three states, along with New Hampshire and Iowa, with no motorcycle helmet laws at all. Twenty-one states require motorcycle helmets in all circumstances, and the remaining states require motorcycle helmets to be worn under certain circumstances.
Brief History Of Motorcycle Helmet Law in Illinois
In 1968, Illinois passed a mandatory motorcycle helmet usage law for all riders, but it overturned by the Illinois Supreme Court in People v. Fries, 142 Ill.2d 446 (1969), as an unconstitutional abuse of police power. A year later the Illinois Supreme Court overturned Fries ruling, but no legislation requiring motorcycle helmets has since become law.
In April 2009, the Illinois Senate voted on SB 1351, which would have required all motorcyclists in Illinois to wear helmets with chin straps whenever they operate their motorcycles. The Illinois Senate struck down the bill in overwhelming fashion. The final vote was 49-14 with one member abstaining.
Number of Motorcycle-Related Deaths On the Rise
According to the Federal Highway Administration (FHWA), the number and rate of motorcycle-related deaths on the roads of the United States are rising dramatically. There were approximately 7.1 million motorcycles on the road in 2007. The FHWA reports that motorcycle rider fatalities rose 115 percent between 1997 and 2005.
The United States Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) reports that in 2007, over 5,000 motorcycle drivers and passengers died in motorcycle crashes, the highest ever since the National Highway Traffic Safety Administration began collecting the data in 1975. The number of motorcycle-related deaths increased almost 7 percent from 2006. According to the 2007 Illinois Crash Facts and Statistics, the number of motorcyclists killed increased by 18.9 percent from the previous year. Those motorcycle fatalities accounted for 12.6 percent of all Illinois fatalities in 2007.
Indeed, motorcycle accident fatalities have increased every year for the past 10 years.
Motorcycle Accident Fatalities Are Significantly More Probable Than Car Accident Fatalities
Motorcyclists are significantly more likely to die in a motor vehicle accident than someone riding in a car or truck. Unlike drivers and passengers in cars or trucks, motorcycle riders and passengers are completely exposed to sustaining direct impact in a motor vehicle accident. Motorcyclists can suffer severe personal injuries from the impact of another vehicle, landing on pavement or being thrown off the motorcycle and into some other object, such as a tree, building, concrete barrier or oncoming traffic lane.
Severe personal injuries include broken bones, severed limbs, traumatic brain injury, neck and spinal cord injuries and even death. Death can come from any of the injuries listed, or from internal injuries that may rupture the spleen, puncture the liver or other organs, causing internal bleeding that can lead to death.
Actual Motorcycle Helmet Usage Rates in Illinois
In June 2008, the state of Illinois commissioned a study to determine the actual helmet usage rates for motorcycle riders on the roads of Illinois. The 2007 Illinois Crash Facts & Statistics published the results, which showed that only 29.5% of all motorcycle riders statewide actually wore a helmet. This was slightly below the percentage of motorcycle riders in Chicago who wear helmets, measured at 34.9%.
The Helmet Debate: A Public Health Issue
Chicago area residents still remember the motorcycle accident in May that claimed the life of Anita Zaffke. A woman, driving a car, was painting her nails and failed to notice that Anita Zaffke was stopped at an intersection as a stop light turned from green to yellow. The impact caused Zaffke to be thrown off her motorcycle and suffer severe internal injuries. The fatal accident has sparked debate on whether fatal accidents caused by distracted drivers constitute reckless homicide.
State Rep. William Black (R-Danville) proposed a “negligent vehicle homicide” law, HB1382, in 2007 so that distracted drivers who cause deaths would face a prison sentence as well as a $25,000 fine and revocation of their driver’s license for at least one year upon conviction. The bill stalled in January of this year, so the current law still stands. Current law offers two choices for prosecution: a traffic citation, or proving reckless homicide, meaning the driver acted with complete disregard for the safety of others.
This accident also highlights the importance of a motorcycle helmet law as a public health issue. Proponents of such a law note that motorcycle riders are completely unprotected riding a vehicle that travels just as fast, if not faster, than cars or trucks. Specifically, the motorcycle rider’s head is completely vulnerable in an accident.
As noted in other blog entries discussing traumatic brain injury, the consequences of head trauma in a motorcycle accident can be devastating. A helmet lessens the trauma to the head, and saves lives.
But beyond personal safety, the debate over motorcycle helmet requirements is a public health issue. The cost of medical care as a result of a motorcycle crash can be millions of dollars, and mandatory helmet laws could save the state of Illinois a significant amount of money in health care costs — similar to seat belt laws and bans on indoor smoking in Chicago.
Those against mandatory helmet laws argue it’s a “freedom issue” as opposed to a “safety necessity.”
However, as the motorcycle accidents continue, and the number of motorcycle fatalities continue to rise, the need for a mandatory motorcycle helmet law in Illinois becomes clear.
If you or a loved one has suffered serious personal injuries as a result of a motorcycle accident, it is important to contact a top Chicago personal injury lawyer to investigate your case, especially if the driver of a car or truck was found to be distracted while driving. Our Chicago personal injury attorneys will help you understand current law and the options you and your family have to collect for pain and suffering, lost wages, medical bills, long term care and any other applicable damages.
Tags: Chicago Motorcycle Accident Lawyer, Chicago Personal Injury Lawyer
Accidents occurs unknowingly and we can be victims of brain injury at any moment of our life. I support the view that every motorcyclists should be made compulsory on wearing helmets for preventing road accidents and brain injury, as there is an well known proverb- ‘Prevention is better than Cure’.
It should be up to the rider if they want to wear a helmet or not. This country is turning into Russia. The riders know what risk they are taking by not wearing a helmet when they hop on their motorcycle. It affects nobody but him/her, and the government should stay out of it. Also, wearing a helmet limits visiblility, and may cause them to be more vulnerable to an accident. Its people like me who want to enjoy riding a bike they spent thousands and thousands of dollars on. Let us have our freedom for once.
I don’t think they should be mandatory but I think you should get some sort of discount off your insurance for helmet safety or something. I don’t know how they’d regulate it, though.
JUST WEAR HELMETS
In your helmet law advocacy, you wrote: “Chicago area residents still remember the motorcycle accident in May that claimed the life of Anita Zaffke.”
You go on to say: “This accident also highlights the importance of a motorcycle helmet law as a public health issue.”
Anita was wearing a helmet, so either:
1 In your zeal to reach your conclusion you ignored the fact that your evidence did not support your conclusion, or
2 You were unaware of that because you do sloppy work.
Either way…
Thanks for your comment, Mr. Russ. The point we were trying to make in that post is that motorcycle helmets save lives, most states require them by law, and Illinois is an outlier in that regard.
You’re right that the example we gave does not necessarily bolster that point, and is potentially misleading.
admin says:
March 10, 2010 at 7:50 am
Thanks for your comment, Mr. Russ. The point we were trying to make in that post is that motorcycle helmets save lives, most states require them by law, and Illinois is an outlier in that regard.
You’re right that the example we gave does not necessarily bolster that point, and is potentially misleading.
From ALL reports, Anita Zaffke did not have any head trama, but Zaffke was thrown from her bike due to the collision and later died of chest and abdominal injuries at Advocate Good Shepherd Hospital in Barrington, Illinois.
WHAT WOULD A HELMET HAVE DONE TO SAVE HER LIFE in this instance?
I can see Admin did not like my last attempt at a comment. I guess my point was against what they wanted to say here about helmets saving lives in all accident as they implied.
Maybe an EXCHANGE of ideas is what the subject needs, not a one sided argument or presentation.
Mr. Russ,
The facts are that helmets save lives. Period. That is why 47 out of 50 states have laws requiring motorcycle riders to wear helmets. Illinois is an outlier in this area.
That’s not to say that a helmet would have saved Ms. Zaffke’s life. But laws are for the protection of all citizens, and a law, such as requiring motorcycle riders to wear helmets, that would save lives at the cost of minimal inconvenience to the rider, seems warranted.
Although such a law may not have prevented Ms. Zaffke’s death, it would prevent future catastrophic injuries and deaths to Illinois motorcyclists.
I have posted twice to this subject and both my comments have been denied by ADMIN.
Why? If you do not agree with my position or comments, post them and THEN state your stance.
Not allowing a free exchange of ideas just makes me think you are not ope to discussion and a FAIR exchange of opinions.
Lets see if THIS gets past ADMIN.
I just checked, and I believe all comments have been posted. I appreciate your comments and believe in a free exchange of ideas.
-Matthew Passen
Yes Mr Passen, all comments have been posted. I was just confused when it took almost a week for my posts to be added here. I was under the impression that my posts had been deleted and not allowed by ADMIN. My apologies.
Sorry for not posting your comments sooner. I’ll stay more on top of it in the future.
I live in NJ, a state that requires all riders to wear a helmet and I am against helmet and seatbelt laws. I have been riding for over 20 years in a densely populated area and provide the following for debate and consideration.
Motorcycles and their riders make up a small part of the insurance pool and they are usually insured under a separate policy.
If you look at the actual accident statistics and remove those that rode with, an improperly serviced and inspected motorcycle, under the influence of alcohol or drugs (prescription or otherwise), rode in poor weather conditions, or rode a motorcycle exceeding their capabilities to manage you will find a very small subset of the remaining injuries and fatalities just unfortunate accidents due to chance or more than often other drivers who do not see or care to share the road with those that ride. AS in the example cited for Anita Zaffke.
Another example in NJ was a recent rider who hit a pothole, was ejected from his bike and then run over by a tractor-trailer. End result, he is in critical condition with multiple injuries and will more than likely pass as a result of his internal injuries or at best have severe brain damage with limited functionality. So the helmet didn’t prevent his death and I argue it has possibly caused him to suffer longer and the cost of his care now and in the future will far exceed the cost of his death.
I question weather the helmet could have contributed to his accident due to reduced peripheral visibility? What about the improperly maintained road that contributed to his accident?
The helmet, like a seatbelt, doesn’t prevent accidents nor does it protect anyone other than the person wearing it. If the law is a bout public safety then the law should seek to protect the publics safety. A motorcycle helmet and or seatbelt does not meet this test and injuries to riders can be mitigated by enforcing yearly inspections, rider safety course and general awareness education to all operators on public roads.
Other data shows a seatbelt and helmet can actually cause injuries. A typical full face helmet weighs in at about 8 – 12 pounds. During a whiplash type of motorcycle accident incurred during stopping, falling or hits from behind the weight of the helmet can actually cause long lasting head and neck injuries causing an individual to become paralyzed from the neck down rather than death. The cost to care for a paralyzed individual far exceeds the cost of his or her death.
Not sure about Illinois but in NJ you need to be 17, permitted for 6 months then pass a driving test on a closed course where you demonstrate you can maintain control of the motorcycle without putting your feet down, stop in a box and navigate some cones and turns. BTW – your road test can be taken on any two wheeled registered motorized vehicle 49CC or higher. That means a scooter.
It is almost senseless to impose a helmet law when you offer an unrestricted motorcycle license to an individual who can demonstrate he operate a 49CC scooter on a closed course after 6 months on a permit where you are only required to ride next to another licensed rider. How do you hand a license to a 17 yr old kid, with no fear of death, after testing on a 49CC scooter and then he goes and buys a 1600CC Katana or Membusa and rides with a tee shirt, flip flops, etc. while doing front wheelies down a highway or riding down the center lane. (Yes I have witnessed this)
I offer the following change in regulations rather than imposing on a person’s right to choose.
1) Like most non helmeted states you should not be able to ride without a helmet unless you have taken an advanced safety course or have actively ridden for 2 – 3 years from initial licensing accident free.
2) You should not be allowed to ride without a helmet under 22 years of age.
3) A new regulation should require you to be certified on the size of the motorcycle you will ride. 49 – 500CC, 500 – 1000CC, 1000CC >
4) Inspections should include more than ensuring the rider shows up and his horn and turn signals work. Brakes, tires, lights and steering should be looked over as well.
Lastly, I question why I can drive in a convertible without a helmet, with nothing more than the windshield or a cloth top covering me. Why aren’t helmets required there? Though on 4 wheels, that vehcile is exposed to the same environmental variables as a motorcycle. No steel cage protecting the driver.
Well helmets should be mandatory in all states no matter the age of the rider and you have to ask was the young woman wearing a helmet that was approved for this activity. Because not all helmets are not up to standards.
Helmets should be mandatory. All the data used by the AMA and others is complete BS — they just warp statistics to fit their needs. Facts are facts. Do you see motorcycle racers, who don’t deal with cars and are on closed courses where the likelihood of injury is far less than the street wearing helmets? DUH.
Mandatory education, Mandatory helmets. The only people cranked up about helmet laws are the typical cruiser-riding individuals that are afraid that nobody will recognize “them” on “their” HOG. They’re worried about their friends berating them because they wear a helmet, and wouldn’t buy anything but a “cruiser” because that’s what their friends ride and it’s all about “fitting in”.
Show some responsibility to those that count on you, and to those that pay taxes and will end up footing the bill for your stupidity when you bounce your head off a curb.
Oh, and yeah, I wear a helmet, gloves, jacket and boots EVERY time I ride, and even in Illinois I manage to pull of 20,000 miles a year, and have managed 50,000 in the last two and a half. I decided a long time ago that there are people that put up with my dangerous hobby, and I owe it to them to be as safe as possible. I also don’t want to be three feet above my bike flying over someone’s hood thinking “I should have worn…” and I HAVE been three feet over someone’s hood…. Walked away with a skinned knee. Do that without a helmet and gear…