Motorcycle Accident Lawyer Blog

The controversy over whether motorcycle helmets should be mandatory or not illustrates a deep division within American society. The trend now is away from helmet laws, ever since 1985 when the federal government stopped making helmet laws a condition for funding. Now just 20 states have a helmet law. Some of those laws require helmets only for riders younger than 18.

Freedom Fighters

On one side of this controversy are most of the bike riders themselves who treasure the freedom of choosing whether or not they will wear a helmet. They regard it as a personal choice. Riding a motorcycle is an exhilarating experience and even more so when you can feel the wind and sunshine on you and glory in your speed and control. Helmets and heavy riding clothes interfere with that joy. Riders and their supporters feel that each person is responsible for his or her own safety and no government has any right to mandate what they should wear while riding. They will accept any increased safety risk as the price life demands for their freedom.

Law Makers

On the other side of the controversy are those who don’t necessarily ride a motorcycle but who think that riders should be required to wear protective gear including helmets at all times while riding. They consider increased motorcycle accident injuries or deaths to be unacceptable. They view government regulations and laws as being the correct way to control accident statistics among motorcycle riders. They also get upset about the “mixed messages” of what is safe practice and what is unacceptable practice. They would rather see federal laws imposing uniformity on all bike riders in the nation.

Federal vs. State Government

There is a “state government vs. federal government” issue in all this. Quite apart from helmet laws, some people wish to have federal government laws override state laws on many issues and others feel that is overstepping on the part of the federal government.

Pennsylvania Governor Ed Rendell (D) repealed his state’s helmet law in July 2003 for riders over 21 with at least two years’ riding experience. A spokesman for the Alliance of Bikers Aimed Toward Education (ABATE), a 7,000-member anti-helmet-law group, applauded the Governor’s act – the more so in that the U.S. was founded in Pennsylvania to defend liberty. ABATE maintains that it is every American’s right to be safe, or not safe.

Those who would like more government control point to European countries, where all riders are required to wear head-to-toe safety attire. Opponents respond that Americans are not obliged to copy what is done in Europe.

Motorcycle Education Groups

Rider safety and education are done by many motorcycle organizations, such as ABATE mentioned above, the American Motorcyclist Association, the National Motorcycle Safety Foundation, and the international Hells Angels Motorcycle Club. Local groups also abound where new riders can learn from those more experienced.

As far as injuries are concerned, it is well established that when an accident involves a passenger vehicle and a motorcycle, it is the rider who is typically hurt or killed, not the vehicle driver or passengers. Motorcycles do not pose a great risk to other vehicles on the highways, being smaller than all the others.

The controversy may never be permanently resolved, but may drift to one side and then back to the other as society changes over the years. If you have been badly hurt in a motorcycle accident, learning about your legal rights and options would be a good move. If you are in the Chicago, IL area, the Law Offices of Barry G. Doyle is an excellent place to get reliable answers and aggressive representation.

Only a member of Congress can start a piece of legislation on the “road” to becoming a law. Officially, the process begins when the bill (or resolution) is given a number, with H.R. standing for House of Representatives and S. for Senate (the two Chambers).

1. Bill is referred to a standing committee in House or Senate
2. Committee might consider it, or might refer it to a sub-committee. Non-action is death to the bill.
3. Sub-committee might have a Hearing for the purpose of recording the views of all interested parties.
4. Sub-committee might change the bill based on Hearing information. Will either recommend it to the full committee or not, and if not, the bill dies.
5. Full committee might hold another Hearing or vote on the sub-committee’s recommendations, and then “order the bill reported” to the House or Senate.
6. Committee chairman has a report written up, covering the bill’s scope and intent, and everyone’s views.
7. Bill is placed on House or Senate calendar. House has several calendars and can kill a bill by not putting it on any calendar.
8. House or Senate debates bill according to certain rules, and may amend it.
9. House of Senate votes on bill.
10. Bill is referred to the other Chamber where it goes through a repeat of the above steps. If no steps are taken, bill is dead.
11. If changes are minor, bill goes back to other Chamber for agreement. If major, a conference committee is formed to reconcile differences. Lack of reconciliation kills the bill. Otherwise, a conference report is written to describe any recommendations. Both Chambers must approve it.
12. If approved, bill sent to President, who either signs it into law or vetoes it. President could also kill the bill with a “pocket veto” – taking no action after Congress has adjourned its second session.
13. If vetoed, Congress might try to override the veto, which requires a quorum and a two-thirds roll call vote.

Looking at all these steps and all the spots where a bill can be killed, it is not surprising that many bills never make it into law. But these steps also protect us from a dictatorship, at least in theory. The above information is courtesy of the American Motorcycle Association.

If you need an experienced motorcycle attorney and are in Connecticut, please contact the Law Firm of Trantolo & Trantolo.

On September 3, 2008, Cliff Gullett, a motorcycle racer, was traveling at the Bonneville Salt Flats in Utah at 239 mph. That is a place where riders try to set speed records every summer. He somehow lost control, crashed, and lost his life. He was competing in the 500cc Streamliner class for the fastest speed, and had two runs which qualified for the record, although it is not certain now whether they will be counted.

About a week ago he set three world land speed records, one of them breaking a record set 50 years ago in 1958. According to an interview published the previous week in the Billings Gazette, his goal was to be the first to ride at 400 mph on a two-wheeled Streamliner.

He has left a wife, son and daughter. He had owned a motorcycle and snowmobile dealership in Bozeman, Montana called Team Bozeman Motorsports. His manager at that dealership said of his death:

to do most --
racing at Bonneville."

It is always sad when a successful and capable person dies young. Gullett was 47. But from that quoted remark of his manager's, one can see that Gullett knew he was riding dangerously. He loved doing it, and was riding in a place designated for such riding.

The road and highways used by the general public are not designated for speeding, yet motorcycle deaths continue to rise. The repeal of helmet laws has contributed to the rise, and perhaps higher gas prices have also, as there are reports that more people are commuting on their motorcycles, putting more bikes on the highways.

If you have been injured in a motorcycle accident, or if you have a loved one who has, you can learn more about your legal rights and options by scheduling a free consultation with a motorcycle accident attorney.

Riding a motorcycle is exhilarating and gives an intoxicating sense of freedom, especially when you ride without a helmet or heavy clothing. Like all freedoms, there is a price for it. To prevent any serious or fatal accident which would end that freedom, a rider must ride safely.

1. Do not drink and ride – riding will make you high, so forget the drink.
2. Get yourself properly trained in how to ride safely – research has shown that about 90 percent of riders involved in accidents were self-taught or taught by a friend.
3. Maintain your bike well to avoid any malfunctioning on the road.
4. Always keep some extra space between you and the surrounding vehicles – drivers involved in motorcycle accidents frequently state that they just didn’t see the rider, so if you give them extra space, they’ll have more time to brake.
5. Consider what you wear -- wear brightly-colored clothing rather than all black; avoid any flapping or loose clothing that could impair your vision; and use leather, which protects you against abrasion if you do get knocked from your bike.
6. Ride according to your skill level – but by all means improve your skills.
7. Be sure your license is current – about one quarter of motorcycle riders in fatal crashes were not properly licensed, at least as of 2001.
8. Wear a helmet. Yes, although they may feel constricting and annoying, they do protect you against head injuries, which are the cause of most fatalities.

Motorcycle riders have a disproportionately high percentage of deaths on the road. To extend your riding days as long as possible, look after yourself and your bike.

If you have injured yourself in a motorcycle accident, or if you have a loved one who has done that, please contact a qualified and experienced motorcycle accident attorney to learn more about your legal rights and options.