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Rising deaths stir new debate over helmet laws
Philadelphia Inquirer ^ | 12/01/03 | Joseph A. Gambardello

Posted on 12/01/2003 7:38:02 AM PST by Holly_P

PRAIRIEVILLE, La. - In the smoky, windowless back room of Gail's Diner on Route 61, eight bikers gathered on a recent Sunday morning for a regular meeting of their motorcycle lobbying group.

A few days earlier, a federal agency had released figures showing the average number of motorcyclists killed in crashes had doubled in Louisiana in the first two years after the state repealed its mandatory helmet law.

The bikers at Gail's - a woman and seven men who roared up wearing denim and do-rags - believe that those numbers will be used as ammunition. "Every regular legislative session, there's been an attempt" to reinstitute a helmet law, said Ollie "Laddie" Elkins, president of the Louisiana branch of American Bikers Active Towards Education (ABATE). "So far, we've managed to beat them in committee."

The regular battle over helmets in Louisiana might just be a look into the future of Pennsylvania, where Gov. Rendell signed a law repealing the state's helmet law in September. The Louisiana debate pits avid bikers on one side against safety officials and doctors frustrated with the number of fallen motorcyclists with head injuries arriving at emergency rooms.

Elkins, his long, gray hair secured in a foot-long braid, said his group expected another challenge next year and feared that Gov.-elect Kathleen Blanco would sign it into law if it passes. A new mandatory helmet law would be just fine with emergency-room physicians, who believe allowing motorcyclists to ride without helmets is creating a public health problem.

They point to a Louisiana safety commission report that estimated that 46 deaths and 73 severe injuries could have been avoided if motorcyclists had worn helmets between 1999 and 2002. The study calculated that those casualties cost the citizens of Louisiana $102 million.

Departing Gov. Mike Foster, a biker himself, signed Louisiana's repeal into law in August 1999, saying it represented a move toward "less government."

"Government ought not tell us what we can do to protect ourselves," he said. "We should have enough sense to protect ourselves."

Under the Louisiana law, bikers 18 and older do not have to wear a helmet as long as they have proof of at least $10,000 in medical insurance coverage.

Pennsylvania now allows experienced motorcyclists over 21 to go "lidless." When the Keystone State's law went into effect Sept. 4, Pennsylvania became the 31st state to allow adult motorcyclists to ride without head protection. New Jersey has had a mandatory helmet law since the 1970s.

It's not yet clear that the Louisiana experience will be duplicated in Pennsylvania, but emergency-room physicians around the commonwealth are keeping a count of motorcycle accident casualties with the possible aim of launching a challenge.

Marilyn Heine, president-elect of the Pennsylvania chapter of the American College of Emergency Physicians, said she did not expect any attempt to overturn the law for two years, the time the state House Legislative Budget and Finance Committee has been given to study the effects of the repeal.

Even when its helmet law was in place, Pennsylvania's motorcycle deaths rose 42 percent between 1996 and 2002 - outpacing a 35 percent increase in ridership during that same time. After two decades of steady decline, U.S. motorcycle deaths also are up, by more than 50 percent since 1997.

A motorcyclist is now 26 times more likely to die in a crash than an automobile passenger, with 3,141 killed in 2001. Researchers are still exploring the causes of the sudden rise, and possible culprits include more motorcycles, bigger engines, older riders, increased alcohol consumption, and the repeal of helmet laws.

In a report released at the end of October, the National Highway Traffic Safety Administration said an average of 26 motorcyclists were killed in Louisiana in the two years before the state's helmet law was changed in 1999, and 55 in the two years after the repeal, a 111 percent increase.

The report, which also said motorcycle deaths increased by 58 percent in Kentucky after the repeal of that state's helmet law, did not specify the cause of deaths or indicate how many of the fatalities were not wearing a helmet.

A report prepared for the Louisiana Highway Safety Commission and issued this year showed that in cases where helmet use was known, bikers not wearing helmets and dying in accidents outnumbered those who did, by 1.6 to 1, after the repeal.

Both reports said the number of registered motorcycles and accidents had jumped in the years after repeal but not at a rate to match the increase in deaths.

"You can make numbers look like anything you want, say anything you want," said Travis "Blackie" Lawless, a St. James Parish motorcycle officer who wears a helmet on the job but does not when he is off-duty unless the weather is bad.

"Not wearing a helmet does not cause an accident," said Lawless, ABATE-Louisiana's vice president. "And just because you have a helmet on does not mean you're going to survive an accident."

The Louisiana study said a possible key factor in that state is that most bikers in Louisiana apparently have not taken a safety course needed to get the license endorsement to operate a motorcycle. Bikers without a motorcycle endorsement account for 62 percent of the fatalities in Louisiana, the report said.

Lawless and Elkins, a retired chemical-plant worker, agreed that many bikers do not have the safety skills needed to ride motorcycles.

"If [a biker] doesn't know his limitations, he is setting himself up for failure," Lawless said.

Still, the study said, "there is convincing evidence that a decline in helmet use is the most important factor contributing to death and severe injury."

Jim Aiken, an emergency-room doctor at New Orleans' Charity Hospital, could not agree more.

He said with certain injuries there is a "golden hour," during which emergency doctors can stabilize a patient and set the stage for recovery - but not with head injuries.

"Head injuries are a distinct form of injury," said Aiken, who also oversees doctors in Louisiana State University's emergency medicine residency program. "Once we get them, the damage is done. Brain injuries are immediate. There is no golden hour. There's a golden minute."

People who suffer head injuries in crashes but survive "often are left with a lingering health issues that are an enormous burden to society," the doctor said.

"Few realize what a horrible, horrible life it can be to be incapacitated," said Aiken, also a member of the American College of Emergency Physicians. "Being confined can be very painful not only to yourself but to your family as well."

He said the $10,000 in insurance coverage bikers are required to carry to ride helmetless would come nowhere near covering the cost of a lifetime of care, which often falls to the state.

But to the bikers, getting out on the highway on a Harley unencumbered with a helmet is a freedom issue, one with risk but a matter of choice.

"When it's your time, it's your time," said David Metige, a biker who also is a police officer. "I want to do something I enjoy. It's a feeling you can't match. A lot of people don't understand that."

-------------------------------------------------------------------------------- Contact staff writer Joseph Gambardello at 856-779-3868 or jgambardello@phillynews.com.


TOPICS: Culture/Society; Government
KEYWORDS: abate; bigbrother; helmetlaws; hooligan
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1 posted on 12/01/2003 7:38:03 AM PST by Holly_P
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To: Holly_P
Helmets cause accidents...you can be more aware of what is going on around you without one and hence avoid accidents..

I'll bet more bikers with helmets get into accidents than without...(if you throw out data from the pharmacologically impaired biker's accidents)

In biking where there is no traffic to watch out for...in the woods racing etc...helmets are a great idea)

imo
2 posted on 12/01/2003 7:43:20 AM PST by joesnuffy (Moderate Islam Is For Dilettantes)
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To: Holly_P
They point to a Louisiana safety commission report that estimated that 46 deaths and 73 severe injuries could have been avoided if motorcyclists had worn helmets between 1999 and 2002. The study calculated that those casualties cost the citizens of Louisiana $102 million.

Maybe the citizens of Louisiana should elect politicians who won't PISS AWAY $100 million taxpayers dollars on 119 private citizens who commit motorcide (Or is it suicycle?)

3 posted on 12/01/2003 7:45:11 AM PST by Onelifetogive
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To: Holly_P
Let those who ride decide. If you choose to not wear a helmet, however, you are just being foolish.
4 posted on 12/01/2003 7:45:16 AM PST by CalvaryJohn (What is keeping that damned asteroid?)
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To: Holly_P
There is one good thing about "No Helmet" laws. My wife is an R.N. and says that they usually leave good organ donor bodies. Unlike those who die from old age etc, most of the time the other organs are in relatively good shape.
5 posted on 12/01/2003 7:49:04 AM PST by JSteff
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To: JSteff
I dearly loved motorcycle riding and bikes of all kinds. But I sold my last one in the mid 80s. It was just sitting in the garage, waiting to kill me.
6 posted on 12/01/2003 7:51:49 AM PST by Eric in the Ozarks
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To: joesnuffy
Motorcycle accidents by and large fall into 3 categories:

1) careless and immature bikers speeding or performing other wrecklace acts

2) Older/Baby Boomers buy far too much bike for their abilities. A 55 year old who has never ridden a motorcycle before in their life goes out and buys a machine with more power to weight ratio than the muscle car they owned in the late 60's or 70s and then promptly wraps it around a tree, or ditch or other object.

3) Caged drivers pulling out in front of them, on top of them etc etc.

I don't buy into the argument not wearing a helmet makes you safer or more aware, it doesn't. Don't believe government should be telling adults they have to wear one either.

I personally think that the policy of requiring age and experience to be a prerequisite to bike licensing, similar to Germany would be the best course from a public safety perspective... IE The larger and more powerful bike you are licensed to drive, is in direct perportion to your age and experience. Its not going to happen, but that's a far more sound public policy from a public safety perspective than simple mandatory helmets.
7 posted on 12/01/2003 7:52:04 AM PST by HamiltonJay
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To: CalvaryJohn
"Let those who ride decide. If you choose to not wear a helmet, however, you are just being foolish."

Good idea all around. But why not have a law stating that if a rider wears a helmet and is injured insurance will cover him. If not the state and insurance companies are off the hook. Let the bikers form a mutual insurance company to give life long care to an injured biker. If the biker has no insurance, wears no helmet, then he's on his own.

My wife retired from our state's Department of Vocational Rehabilitation. Her worst cases were paralyzed, closed head injury, and otherwise severely injured bikers. Most cases cost the state over a million bucks PLUS long term care. She won't let me on a bike, and I can't blame her.
8 posted on 12/01/2003 7:55:20 AM PST by doxteve
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To: joesnuffy
How many miles have you ridden in your lifetime?
9 posted on 12/01/2003 7:56:58 AM PST by JoeFromCA
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To: HamiltonJay
Forgot to mention "impaired riding"...on a bike, it's way more inportant to be aware of EVERYTHING around you than when driving...any impairment isn't good. However, your other pointsw are perfectly specified...the increase in crotch-rocket sales to young, uneducated riders (driving OR riding) adds up in accidents.
10 posted on 12/01/2003 8:00:03 AM PST by ElectricStrawberry (1/27th Infantry...Nec Aspera Terrent!!!)
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To: Holly_P
If & when you ride a motorcycle without a helmet, you most definately are taking your life in your own hands. I hate some laws as much as the next guy, but helmets should be required when riding on the asphalt. Just my most humble opinion.
11 posted on 12/01/2003 8:02:57 AM PST by HELLRAISER II (Give us another tax break Mr. President)
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To: martin_fierro
Hooligan PING.
12 posted on 12/01/2003 8:05:39 AM PST by uglybiker (The only thing Democrats contributed to Bush's tax cut package was the word "TAX')
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To: HELLRAISER II
brain bumper is a must

I trust myself, but I don't trust drivers.

13 posted on 12/01/2003 8:10:59 AM PST by stainlessbanner
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To: stainlessbanner
My dad use to tell me something similar, he said "Son, it's not that I don't trust your driving, it's the other 100,000 idiots on the road i'm worried about." and you know what, he & you are absolutely correct.
14 posted on 12/01/2003 8:17:58 AM PST by HELLRAISER II (Give us another tax break Mr. President)
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To: Holly_P
What are "do-rags"?

FMCDH

15 posted on 12/01/2003 8:20:54 AM PST by nothingnew (The pendulum is swinging and the Rats are in the pit!)
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To: nothingnew
Bandana to keep your hair "do" in place.

"Dew" rags are bandanas used as sweat bands.
16 posted on 12/01/2003 8:23:14 AM PST by Holly_P
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To: Holly_P; All
Louisiana's Fatality Rate Experience with the Reenactment of a Helmet Law – A Classic "Misrepresentation" of the Facts

Did Louisiana have a 30% reduction in fatalities when they reenacted a helmet law 1982 as compared with fatalities from '76 - '81?

This is a classic "misrepresentation" of the facts. After Louisiana reinstated a mandatory helmet law in 1982, the NUMBER of fatalities decreased ONLY because of a substantial DECREASE in the number of registered motorcyclists. The fatality rate (fatalities/100 accidents) actually went UP, which is contrary to what is implied by the insurance industry.

Yes, fatality rates for motorcyclists DID increase from 1976 through 1981 in states that repealed their mandatory helmet laws. What the anti-choice folks never mention is the fact that fatality rates actually rose slightly HIGHER during the same time period in states that still maintained a mandatory helmet law when compared to "repeal" states. There was also a corresponding increase in fatality rates among drivers of compact vehicles and light trucks. These increases were due to the increased usage of economical transportation by new and inexperienced riders and drivers during the "energy crisis". This can be easily verified through NHTSA. It should be noted that approximately 70-85% of all motorcycle fatalities occur among NEW riders (less than one year of riding experience) and that with any significant increase in motorcycle registrations comes a corresponding increase in fatalities.

From BULLET POINTS FOR ADULT CHOICE ON THE HELMET LAW ISSUE

17 posted on 12/01/2003 8:24:09 AM PST by BraveMan
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To: Holly_P
State legislators all over the country should be wearing motorcycle helmets while doing official business. I advocate a referendum in each state to force this.

Soft heads need protection.
18 posted on 12/01/2003 8:26:58 AM PST by Tax Government
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To: Holly_P
Fine: no helmet, no Medicare/disabilty/welfare when you end up a brain damaged vegetable as so many bikers do. The problem is that the low lifes on hogs are always demanding their welfare.
19 posted on 12/01/2003 8:27:02 AM PST by friendly (Man is so made that whenever anything fires his soul, impossibilities vanish.)
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To: friendly
The number of fresh organs harvested from truly dead riders to save other people's lives more than makes up for a few vegitables.

A dear friend of mine needs a new pancreas. Someone's gonna hafta die.

I believe in repealing seat belt laws for all adults as well.

20 posted on 12/01/2003 8:33:29 AM PST by Jim Cane
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