The Board’s action was prompted by the recent rise in fatalities from motorcycle accidents.   In the years from 1997 to 2008, highway fatalities nationwide declined.  In that same time period, however, people killed in motorcycle accidents not only increased, they more than doubled (they increased by 150 percent).  Moreover, motorcycle fatalities represent an astounding 13 percent of all American motor vehicle fatalities.  Yet motorcycles represent only 3 percent of the vehicles registered nationwide.

The NTSB’s motorcycle safety recommendations were originally issued in 2007.  At that time, the Board set forth six key improvements which they would like to see.  These recommendations were designed to improve motorcycle safety and decrease the number of fatalities among motorcyclists riding on on America’s highways.  Now, three years later – with the NTSB’s recommendations still not universally adopted – the Board has added motorcycle safety to its “most wanted” list.

Among the NTSB’s focus points is a request that states enact universal helmet laws.  Wearing a helmet while riding is perhaps the single greatest thing that a rider can do to improve his chances of surviving a crash – and surviving without permanent, disabling traumatic brain injury.  Riders who do not wear helmets suffer head injuries at around twice the rate of helmeted riders.  And states which have enacted helmet laws have seen motorcycle fatalities decrease by around 37 percent.  As the National Highway Traffic Safety Administration has estimated, motorcycle helmets saved 1,829 lives in 2008 alone.

At present 27 states, including Illinois, do not have laws requiring all motorcyclists to wear a helmet at all times.  But Illinois is one of only 3 states that have no law requiring helmet use – not even a partial requirement.

Our top motorcycle accident lawyers join the NTSB in advocating for this important safety legislation.  In the meantime, we urge our readers and clients to always wear a helmet.  Not only is this a crucial safety precaution, but it is also an important legal precaution.

Many, many collisions between a motorcycle and an automobile are entirely the fault of the automobile’s driver.   If, however, the injured rider was not wearing a helmet, juries have a tendency to view him as irresponsible, and conclude that at least some of his injuries were his own fault.  As unfair as this conclusion may be, it is a reality, and one that riders should take pains to avoid.

While we are pleased to see that the NTSB is taking action to improve motorcycle safety, we are disappointed that the focus of the Board’s action is so narrow.  Putting the focus solely on helmet requirement in effect confirms the prejudice that riders are responsible for the injuries and deaths coming from motorcycle accidents.  We at Passen Law Group know that the story is not quite that simple.

We urge the NTSB to improve its motorcycle safety campaign by broadening its focus to what may be done to encourage or force automobile drivers to behave responsibly towards motorcyclists.  Encouraging the states to enact and enforce harsher penalties for drivers who injure or kill cyclists would be an important step.  Equally important is educating drivers on how to watch for and avoid not only other cars and trucks, but motorcycles, as well.  The NTSB should consider ways to encourage the states to properly educate licensed drivers on these important issues.  This, like mandatory helmet use, could have a substantial impact on the number of unnecessary motorcycle fatalities.

For a free consultation with an experienced Chicago motorcycle injury attorney at Passen Law Group, call us at (312) 527-4500.

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.