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Posted by: DeputyFife

Published: 06/27/2007
Bikers may have choice on helmets; State panel hears bill to repeal law for over-21 motorcyclists
By Edward Mason
Staff writer



BOSTON - Joe "Sarge" Komola likes riding on a motorcycle because he says it lets him more fully experience the scenery he passes through than if he were in a car. When he rides his bike through the state's back roads, he can enjoy the trees. He can hear the sounds and take in the smells that people inside automobiles can't.

And Komola doesn't want that experience interfered with by having to wear a helmet.
"There's no guarantee they're going to save your life," said Komola, a Tewksbury resident and vice chairman of the Massachusetts Motorcycle Association. "They make sure you look pretty in a casket."
Massachusetts lawmakers are considering letting Komola take off his helmet when he rides. State law currently requires all motorcyclists and their passengers to wear a helmet, but under several bills heard yesterday by the Legislature's Transportation Committee, riders 21 years and older would be able to ride without a helmet.
Sen. Steven A. Baddour, D-Methuen, said government shouldn't get involved in whether an adult decides to wear a helmet.
"It's like a seat belt," Baddour said. "I'd encourage every motorcyclist to wear a helmet like I encourage seat belts. But at the same time, it's a choice. People over 21 have the capacity to make that decision. Government shouldn't be interfering."
That's how Amesbury resident Paul Cote feels. He's director of government relations with the Massachusetts Motorcycle Association. He said the issue is about personal responsibility.
"It should be about choice and personal freedom," Cote said. It's also about properly training riders. Cote's group wants to increase the share of motorcyclists' registration fees that go into a state fund to subsidize motorcyclist safety training courses. It also wants the state to stop diverting part of that money to the state's general fund, where it is used for expenses unrelated to motorcycle safety, the group said.
Yesterday's Transportation Committee hearing conicidentally followed a series of motorcycle crashes across the region. On Sunday, a motorcycle crashed into a Honda sedan on Route 128 about a quarter of a mile from Exit 21. The motorcyclist was taken by helicopter to a Boston hospital. A helmet was found at the crash scene.
In May, a 31-year-old Boston man was killed when his motorcycle collided with a 2003 Ford Expedition turning off Massachusetts Avenue in North Andover.

There are 167,112 motorcycles registered in Massachusetts, according to the Registry of Motor Vehicles. Last year, there were 49 fatalities among motorcyclists and their passengers, the agency said.
Even with a helmet law, motorcycle crashes are dangerous and costly, said Inta Hall, public policy consultant with the Brain Injury Association of Massachusetts.
The association, which opposes making helmets optional for people over 21, pointed out that in fiscal 2005, there were 2,329 motorcycle-related traffic accident victims treated in state emergency rooms. Of those, 82 percent of those treated were 21 or older.
Moreover, caring for the victim of a motorcycle accident is more expensive than the average hospitalization. In fiscal 2005, care for the average traffic accident victim cost $37,400. Motorcyclists ran up bills on average exceeding $49,000, according to the association.
Cote doesn't disagree that there's a cost. But he says the cost is because motorcyclists critically injured in accidents are required to wear helmets that are insufficient.
The minimum standard for helmets is to withstand crashes up to 14 mph, Cote said, so they do very little to protect a rider in an accident. If anything, they keep a person alive so that they're a cost to society.
"If there's a cost, there's the cost of long-term care," Cote said.
But Hall said motorcycle crash victims who wear helmets survive their crashes and can recover.
"Only 7 percent of motorcycle crash victims die in Massachusetts," Hall said. "Whether you wear a helmet or not, we have very good emergency care in this state. I can't see where people say, 'Let me lie on the roadside.'"

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Posted by: pahapoika

would be nice to see a "no helmet" law here. especially on these 95' degree days

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Posted by: kwflatbed

Even though I always wear one it would be nice
to have one of our freedoms of choice back.

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Posted by: Sniper

I disagree. I think that helmets should NOT be optional......... and YES I have an M on my license.......

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Posted by: Killjoy

I couldn't care less...if some motorcycle clown wants to cave his squash in, by all means go ahead. It's called darwinism at work.

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Posted by: pahapoika

if some motorcycle clown wants to cave his squash in, by all means go ahead.

ouch ! at 10,000 miles a year , my bike is more like a second car than a weekend noise maker.

the two most common "accidents" are when a car broadsides a bike and the motorcycle rider loses their leg from the knee down or some car pulls a sudden illegal left turn and sends the motorcycle rider over the hood / roof of said car

a helmet in that case would be useful for keep all your teeth in one place for easier dental record identification.

these bike crashes are not exclusive to just citizens, police officers have their share of retarded motorists knocking them off their department bikes too.

on a hot day like today , sitting in rush hour traffic , having the option of removing the helmet for some relief would be a nice option

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Posted by: Sgt K

Flesh over metal usually loses when it meets metal over flesh! They are called "donorcycles" for a reason.
When thinking about supporting "choice" legislation regarding helmets please keep in mind that most survivors of serious mc crashes exhaust the insurance benefits long before fully recovering. So who pays? You and I through our health & auto insurance premiums. I can't support someone's decision to leave gray matter on the interstate so I can indirectly pay for his/her feeding tube and ventilator! Just my .02
As always, please stay healthy and safe.

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Posted by: Wolfman

Easy. If you're not wearing a helmet your insurance company can deny or prorate the claim. If the crash isn't your fault the responsible party pays. If the responsible party is an uninsured (insert immigrant nationality here), you're screwed.

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Posted by: Delta784

Quote:

Originally Posted by Killjoy I couldn't care less...if some motorcycle clown wants to cave his squash in, by all means go ahead. It's called darwinism at work.

If they're killed instantly and hurt no one else, I agree. However, how many motorcyclists with no health insurance have suffered traumatic brain injuries because of no helmet?

Guess who picks-up the tab for their lifelong care?

Look in the mirror.

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Posted by: MPDReserve

Speaking of this, someone asked me a question and I am curious what you all think about it. In states where there are no helmet laws, when an accident occurs and the motorcyclist is killed because he was not wearing a helmet, does that mean the other motorist could then be charged with vehicular homicide instead of just being charged with whatever violation they made? I wasn't sure how to answer the question. I suppose I could see both sides, but was curious what you all had to say about it.

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Posted by: pahapoika

i would hope vehicle homicide is vehicle homicide regardless if someone is wearing a helmet or seatbelt.

"motorcycle enthusiasts" as they like to call us are ever increasing. would be nice to see some respect out on the road , but sounds like we're just road kill

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Posted by: Tango

The Helmet law is a joke as it is. How many bikers do you see, who wear cheap little skull caps, chin strap as loose as it can be, sitting way back on top of their head? Most of these are not even DOT approved. The only thing most skull caps do is make clean up easier.

Also, I dont think increased safety courses is a replacement for a helmet law. We all know one can be the safest rider out there, but there is still a blue hair in a buick waiting to pull out from the bingo hall parking lot just as a MC passes by.

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Posted by: Killjoy

Quote:

"motorcycle enthusiasts" as they like to call us are ever increasing. would be nice to see some respect out on the road , but sounds like we're just road kill

Respect is a two-way street, and with "motorcycle enthusiasts" blasting down my road with their illegal tailpipes making more noise than a C-5, or some rice-rocket jockey blowing by me at 110 on 93, in addition to the litany of bad behavior I witness on duty including, but not limited to, racing, wheelies, smoke shows and lanesplitting, my patience with motorcyclists has worn very thin.

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Posted by: pahapoika

yes , the antics of some "bikers" is annoying.

but is it any less then kids on jet skis , snow mobiles and ATV's ?

my guess is the knuckleheads without the mufflers going by the house at 2am have more negitive effect than the punk on a jet ski at the local lake.

as an old guy on a stock full dresser , it's hoped somebody might call an ambulance after the blue hair has dragged me 200 feet under her car

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Posted by: Deuce

1990 I had a tard turn left in front of me. I thought of going over the hood but I stayed with the bike and went under after hitting her broadside. Got dragged about 20 feet under the car with the bike. Broken ribs and tons of road rash later I'm still kicking thanks to my helmet.. But if someone wants to kill themselves by not wearing a helmet, so be it, pro's and con's of a free society. So long as they don't penalize the rest of us...

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Posted by: Irish Wampanoag

Quote:

Originally Posted by Killjoy I couldn't care less...if some motorcycle clown wants to cave his squash in, by all means go ahead. It's called darwinism at work.

I agree! I could also careless about the seat belt law so long as you are 16 or older it should be your choice to be an idiot for not wearing one!

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Posted by: screamineagle

even if they pass a no helmet law I'm still wearin one.

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Posted by: pahapoika

Christopher Reeve ( Superman Actor ) falls off a horse and is a brave and caring soul that champions the fight for stem cell research.

i fall off my bike and i'm a bane to society ?

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Posted by: MPDReserve

Quote:

Originally Posted by screamineagle even if they pass a no helmet law I'm still wearin one.

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Posted by: dcs2244

Quote:

Originally Posted by Irish Wampanoag I agree! I could also careless about the seat belt law so long as you are 16 or older it should be your choice to be an idiot for not wearing one!

The seatbelt not only serves as a restraint during a collision, but also keeps ones a$$ in the drivers seat while you attempt to control your vehicle previous to a potential collision. Who does anyone on this board or in the world at large think that they are that they can damage or kill others because they want to be free not to wear a seatbelt (and therefore be unable to stay behind the wheel and control their vehicle)?

I'm with Wolfie on this: no seatbelt (auto) or no helmet (MC): no pay by ones insurance if one is at fault...and pro-rate the payout in any collision where those safety devices are not used. And, hey, if it's a one car operator/owner dead and no seatbelt: no insurance payout, vehicle or life.

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Posted by: phuzz01

Quote:

Originally Posted by pahapoika yes , the antics of some "bikers" is annoying.

Just clocked one yesterday on LIDAR doing 90 in a 35 while popping a wheelie in traffic. Click, click, and tow. At least the old lady in the Buick isn't doing that...

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Posted by: justanotherparatrooper

Quote:

Originally Posted by phuzz01 Just clocked one yesterday on LIDAR doing 90 in a 35 while popping a wheelie in traffic. Click, click, and tow. At least the old lady in the Buick isn't doing that...

...NICE WORK!, I hate those assholes

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