Jacob Sullum | June 21, 2006
A motorcyclist returning from a rally sponsored by a group that opposes helmet laws died in a crash on Monday. It would have been a perfect advertisement for helmet laws, except that he was wearing a helmet at the time of the crash. (ABATE, the sponsor of the rally, emphasizes that it is pro-choice, not anti-helmet.) As the National Highway Traffic Safety Administration points out, "Helmets cannot protect the rider from most types of injury." They do reduce the odds of getting injured or killed, but they are less effective than seat belts in that respect. In my column today, I noted that it's not clear a helmet would have prevented Ben Roethlisberger's facial injuries, as many of his critics seem to assume. Even more questionable was the Pittsburgh Post-Gazette's invocation of the basketball player Jay Williams, who suffered a severe leg injury in a motorcycle crash, although it's true that, as the Post-Gazette points out in the lead, he was not wearing a helmet.
[Thanks to Daniel McKleinfeld for the tip.]
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You expect the PG to make sense? That rag is only suitable for keeping dogshit off the floor.
No, the ABATE rider's death is an advertisement against drinking
and riding (as if we needed another -- here's looking at you,
Kennedy clan!), not for helmet-wearing.
It's hard to see how Ben could've knocked out his teeth and broken
both jaws if he were wearing a full-face helmet (the sort I have
worn every time I've ever gotten on a motorcycle). Granted, a
beanie-style wouldn't have done him any good -- except for
preventing the large gash in the back of his head that caused so
much blood loss.
Me, I advocate letting morons who want to ride helmetless (or
seatbeltless) do just that -- but legislatively require they have
adequate MEDICAL insurance to cover care reasonably likely to
result. Also, legistalively limit their legal rights against others
in accidents that result in injuries they could've avoided with
those safety mechanisms.
Just in Breaking news. New york state says condoms are mandatory for sex. Plans for No-knock raids across the state.
"They do reduce the odds of getting injured or killed, but they
are less effective than seat belts in that respect."
A helmet won't prevent motocycle injuries but a seat belt on a
Motorcycle will ? This is getting silly, Jacob Sullum. I strongly
recommend to people who are foolish enogh to drive Motorcycles on
freeways without mutant superpowers that they wear helmets and
Kevlar exoskeletons.
No, I'm not arguing for legislation but WTF ?
This is the kind of thing that kepps libartarians out of office -
that was a joke. A JOKE.
So.... Williams should have strapped a helmet to his leg? Trying to figure out their tortured logic...
I thought a helmet was just a brain bucket...less for the DOT or coroner to clean up.
SM, most motorcycle accidents occur when some bastard in a cage pulls out to make a left turn right in front of you. Without any intersections, the freeway is one of the safest places to ride.
Speaking of head injuries, I am glad that Ann and the rug hummper seem to be gone.
That's it, we need to outlaw motorcycles. All you hear about
them is how they are either causes of death and dimemberment
costing taxpayers money, or else they are associated with low down
hoodlums like the Hell's Angels.
How many more deaths and crimes will be needed before we remove
these evil machines from our roads?
Still waiting for the slightest hint of actual evidence that a pair of low-tension nylon seatbelts inhibits physical injury in a car crash...
Well, on another thread today I learned that we are all interconnected and that society is the way it is. So suck it up people and accept the nanny state!
Jeff P -
Have you even been in a head-on collision?
I think you mean to say "actual evidence that seatbelt use (or
madatory seatbelt laws) contribute to a lower overall rate of
injury or death."
Shelby, you had me until you began to demand legislation.
Let the helmet-less riders of the world self-insure! A few days
being cared for by Igor the Knife out back of the Crap-City
Bowl-A-Rama where the bikers go to drink and fight will do more to
encourage helmets and safe riding techniques than any exhortations
of the nanny state will.
It is like these idiot "mountaineers" who consistently put
themselves up on some peak without proper training, gear, or even
the slightest clue on how to survive the mess they have gotten
themselves into; but then extend open arms to the eight million
dollar helicopter and trained rescuers who show up and save their
stupid asses.
Let a few more of them cut off their own fucking arms and maybe
they will think twice.
Note that my solution does not restrict anyone's freedoms, does not
require government mandate, nor does it "cost society".
Freedom has a flip-side: people have to take personal
responsibility for the choices they make. The world is a dangerous
place, if you choose to gravitate towards more danger, be prepared
for potential consequences...including dying!
The idea that government must intervene in order to save us from
ourselvesis anathema to liberty.
I wonder if Jason Irvine fully appreciated countersteering.
I didn't in my early years of riding.
Shelby,
I switched to a full face helmet after a friend of mine dropped his
bike at > 100mph (the bike was totaled, thanks for asking) and
showed me the remains of his full face helmet.
cecil,
According to madpad, yours isn't reality based thinking. You must
accept the eight million dollar helicopter rescues as an part of
our interconnected social fabric and then deal with practical, not
rational, solutions.
MP: If I am interconnected to some jack-ass who hasn't been
endowed with enough sense to recognize danger and a) avoid it or b)
be prepared to accept the consequences of it, than I guess I have
been wrong all along...Now that I have that settled, I am going to
do a BASE jump off my office building, land in a vat of lard, cross
eight lanes of traffic on my hands and knees, drink a fifth of jack
Daniels and call 911.
Old madpad really got you going, heh? :)
Okay, Ann Coulter's gone, but I'm still getting the carpet-humper AND now a bonus ad for some group that wants me to save the UN. Wouldn't the best way to save the UN be to float it out into the Hudson and sink the whole stinking, filthy thing?
dlc: I have been in two head on collisions, and two at other
angles. Each in a different car. Each car I've owned (including the
current one) have seatbelts that, even when adjusted to their
snuggest setting (and I am by no means a thin man) can be extended
to the steering wheel with a simply hook of the thumb and a little
pull. The shoulder belts are even worse, as I can reach to the
opposite side of the car while it's on.
Wedging suspenders into the stem of the head rest would provide
more tension/stopping power. Even better, install a built-in
restraint vest into the seat material. Anything but the current
system. They are useless. And every bit of gov't data on line
throws out mildly lowered injury numbers instead of explaining how
the things are supposed to work.
I will concur that they keep you in your seat if you roll over, but
that's it.
Each car I've owned (including the current one) have
seatbelts that, even when adjusted to their snuggest setting (and I
am by no means a thin man) can be extended to the steering wheel
with a simply hook of the thumb and a little pull. The shoulder
belts are even worse, as I can reach to the opposite side of the
car while it's on.
Is this a joke? Or do you honestly not know how seatbelts actually
work? Yes indeedy you can pull the damn belt halfway across the car
with a gentle pull. It's designed that way so you can move around
while wearing it.
Have you tried a hard yank? It locks the belt right up. I got into
a lovely 50mph crash on a freeway a few years ago. I had the
benefit of an airbag (was in the front passenger seat). My cousin,
riding in the back, had only her seatbelt. I can assure you -- by
the deep bruising alone -- that her seatbelt locked and held her in
place.
How the hell can you have actually driven with a seatbelt and NOT
know the bare basics of how they work? Do you just not ever use it?
That's all I can think of -- you can't wear a seatbelt for more
than a few days without noticing that a hard yank locks the
belt.
Uhh look, I don't know if you guys ever played with seat belts
as a kid, but even the modern ones all work the same way.
When the belt is pulled out of the retractor roller at an extremely
rapid speed, a centrifugal brake kicks in on the roller good for
about 3000 pounds of force. The belt is held tight.
If you sit in a car and throw yourself at the steering wheel at
just the small speed your stomach muscles can muster I bet you'll
see real quickly just how fast and tightly they can stop you.
But don't take my word for it:
http://auto.howstuffworks.com/seatbelt.htm
If they want to ride without helmets, I say let them. Modern Darwinism at work. We need to dispose of the idiots somehow (damn you modern medicine for making natural selection so difficult)...
Thankfully, I haven't experienced any head-on collisions, but I have suffered many severe concussions, resulting in a fear of cutting my hair short, lest my head look really lumpy. Does that count for anything?
smacky, uh, those sound like fractures.
(Sarcastic response to follow, based on lingering astonishment at
madpad's chronic need for direction and nanny-ing:)
Maybe madpad's doctor can fix you up with a prosthetic skull at the
taxpayer's expense. I hope so, because I would feel so diminished
as a person if you are suffering due to the negative effects of
falling off your barstool.
Thank you smacky, nothing personal but boy do I feel better.
;)
Note: I always wear my helmet when I get drunk and fall down. And
sometimes when it is really hot out, I use it as a cooler too.
Can someone explain to me why the info on that How Things Work
page isn't on a single seatbelt advocacy page, gov't or
nanny-activist? I have asked a number of car mechanics, safety
activists, and other folks for an answer and have never, until
today, gotten one.
However, I've been driving for close to thirty years, and never
once has a belt "locked up" on me.
I am going outside to the parking garage now, to get into my car
and give the belt a series of hard yanks. As he parking garage is
routinely partrolled by security, I hope they do not see me doing
this and get the wrong idea.
Cecil:
I agree with you in principle. I'd support the medical-insurance
requirement because I don't see how we're going to get around
dealing with the injured idiots -- and at least this way we can be
sure THEY pay for it, not the rest of us. (This makes the - to me
reasonable - assumption we're not going to start kicking broke,
uninsured brain-damaged fools out of ambulances, rather than
providing treatment.) This way, you wanna ride helmetless, you
flash proof of insurance and go your merry way.
The other legislation I said I'd support is to prevent the
externality of injured morons trying to make tortfeasors pay for
the additional injuries resulting from their own decision. Sure,
the car driver should be held liable for the harm caused, but not
(say) for any head-related damage, if the biker isn't
helmeted.
Pretty much all of the above goes for seatbelts, too.
It is like these idiot "mountaineers" who consistently put
themselves up on some peak without proper training, gear, or even
the slightest clue on how to survive the mess they have gotten
themselves into; but then extend open arms to the eight million
dollar helicopter and trained rescuers who show up and save their
stupid asses.
Let a few more of them cut off their own fucking arms and maybe
they will think twice.
Note that my solution does not restrict anyone's freedoms, does not
require government mandate, nor does it "cost society".
Freedom has a flip-side: people have to take personal
responsibility for the choices they make. The world is a dangerous
place, if you choose to gravitate towards more danger, be prepared
for potential consequences...including dying!
Snaps, cecil. I have been saying this for years. Every summer
around here, Dr. Darwin manages to pay three or four house calls to
fools trying to climb Mt. Rainier. Several hundred thousand dollars
in rescue expenses later (park ranger overtime, feeding stations
and command centers for rescue volunteers, op expenses for
helicopters, snowcats, and other rescue vehicles), they find what's
left of their dumb asses crumpled up in a crevasse somewhere.
Invariably, they've got a passel of young brats at home and were
the sole breadwinners for their households, too. Oh, yes. And no
life insurance.
The press always treats them as heroes, and devotes plenty of
column inches to promoting the obligatory fundraisers for the
grieving and unfortunately fecund widows. And then, on the same
page of the paper (no joke, they did this one summer in the P.I.),
they'll publish yet another snottygram from the sanctimonious
Lifestyle Police about how junk food should be regulated like
oxycontin because fatties are costing us money. Cognitive
dissonance much?
I'm a fatty, and my mountain-climbing co-worker has been to the
doctor more times in the last year than I've been in ten years.
She's had four surgeries since I started work here, all for stuff
she's ripped up and broken off during climbs. But yeah, her
enjoyment of mountain climbing makes her a real f*ckin' hero, while
my enjoyment of crab-stuffed salmon makes me the scourge of
humanity. Makes perfect sense.
Now that I have that settled, I am going to do a BASE jump
off my office building, land in a vat of lard, cross eight lanes of
traffic on my hands and knees, drink a fifth of jack Daniels and
call 911.
Cecil, you have to be smoking unfiltered Marlboros while you are
doing this.
Seriously, Jeff, you've never had a seatbelt "seize up" on you,
requiring you to unbuckle/rebuckle in order to restore oxygen to
your brain? You must drive like a granny. Try going someplace where
there are no other cars, and stomp on the brakes in an emergency
stop.
Shelby, I think that the idiots should be kicked out of an
ambulance for which they have no money, no insurance, or no family
to pay for the services. The costs should be borne by those
individuals who support the idiot's choice to ride w/o a helmet.
Bikers pay for medical care of a stranger? Bullshit, you say (and
rightly so), but given that model, people would wear the things,
don't you think?
Of course, we are ignoring charity hospitals and the significant
sector of society who actually believe they can guarantee their own
salvation by giving aid and comfort to such imbeciles.
With regards to the lawsuit issue, your underlying notion of
justice and rational assignment of costs is right on, but I would
point out that the problem with the lawsuits isn't their existence,
but that so many of them are successful. The civil bar has
stretched the common law notion of reasonable care to such an
extreme that the doctrine of contributory negligence has all but
been eliminated.
Note: contributory negligence is a doctrine that states that if
plaintiff is found to be negligent at all, plaintiff wins nothing.
No divvying up reponsibility, no coddling.
But yeah, her enjoyment of mountain climbing makes her a real f*ckin' hero, while my enjoyment of crab-stuffed salmon makes me the scourge of humanity.
zero, you just made my day...
I was with a group once when a guy had to be helicoptered out of
the wilderness after he'd injured himself. (Yeah, he'd been doing
something stupid, but that's almost beside the point.) He was
presented with a nice fat multi-thousand-dollar bill for the rescue
and medical services he'd received.
The rest of us had to pack the jackass's crap back out for the rest
of the trip. I felt like submitting a personal bill to him for my
services as pack mule.
I have no idea if the money he had to pay covered all of his rescue
expenses, but at least the rescuees are expected to pay
*something*.
Random thoughts on helmet use:
In the words of Jeff Foxworthy: What are a Redneck's last words: Y'ALL LOOK HERE WHAT I CAN DO!
Or, with apologies to the original author: THINK OF IT AS EVOLUTION IN ACTION
Zero- you are my f*ing hero for being so f*ing funny today! I am stopping at Winco for a big goddamned ribeye to grill up tonight, in your honor, I will drown my potato in sour cream, drink Bridgeport IPA until I am delirious with caloric intake and top it all off with a pack of unfiltered Marlboros.
"contributory negligence is a doctrine that states that if
plaintiff is found to be negligent at all, plaintiff wins
nothing."
Unless the negligence had nothing to do with the accident, of
course. For instance, say I'm negligently speeding in Virginia (a
state that uses contributory negligence, I believe), and a 747
engine falls out of the sky and lands on my car, I can still
recover.
The thing is, (as I recall - I'm certainly no expert on tort law)
contributory negligence goes only to causation - why the accident
happened - and not to damages.
"Sure, the car driver should be held liable for the harm
caused, but not (say) for any head-related damage, if the biker
isn't helmeted."
Working out how much extra damage the lack of helmet caused would
be a pretty tricky question (not to mention going against one of
the basic principles of tort law).
Eion, you have brought up a good point to which I am now
intrigued enough to try and resolve. I will do my research and
return my reply.
That being said, ( I am no tort expert either), I think that the
exacerbation of damages resulting from negligence on the part of
the plaintiff can serve to reduce or eliminate damages, even if
that negligence had no part in the causation of the event.
PL, can you help?
Eion, the example of an airplane engine falling is not a good one, if I can remember my MBE review...airlines and accidents caused by airplanes fall under a strict liability rubric. But, your overall point is well taken.
I am stopping at Winco for a big goddamned ribeye to grill
up tonight, in your honor, I will drown my potato in sour cream,
drink Bridgeport IPA until I am delirious with caloric intake and
top it all off with a pack of unfiltered Marlboros.
Sounds like a fine Rabelaisian feast (minus the smokes). Bon
appetit, man. Be sure and pick up one
of these at Winco, too.
zero, I'll get the fibrillator-thingy on my way home, but who is going to teach the whore I rent off of CraigsList how to use the damned thing?
Anybody remember the TV program, "Max Headroom"?
Didn't he have some sort of head-bashing experience?
Was the female romantic interest to die for, or what?
Wasn't she Kelly something?
(I'm also prepared to reminisce about the Professor Max Bicksford
TV show starring Marcia Gay Hardin and ? Dreyfuss, that got
cancelled too soon.)
"Thankfully, I haven't experienced any head-on collisions, but I
have suffered many severe concussions, resulting in a fear of
cutting my hair short, lest my head look really lumpy. Does that
count for anything?"
smacky,
Have I told you I'm a phrenologist?
"Have Wildroot. Will travel."
zero, I'll get the fibrillator-thingy on my way home, but
who is going to teach the whore I rent off of CraigsList how to use
the damned thing?
I bet if you tell her after she's worked her magic that you don't
have any money, she'll figure out how to work it fast enough.
However, I've been driving for close to thirty years, and
never once has a belt "locked up" on me.
Perhaps Jeff has been driving old beaters for the past 30 years.
For example, I distinctly remember that my Mom's 1970 Chevelle
employed pairs of metal clips placed above the side windows to hold
the shoulder belts. The idea was that you were to fold up the belt
and fasten it to the interior roof of the car when not in use.
Needless to say, the annoying and awkward nature of this system
ensured that no one ever used the shoulder belt. Considering that
the shoulder belt was non-retractable, we were probably safer
without it - the thing would have likely killed us in a serious
crash.
Jeff P wrote: "Still waiting for the slightest hint of actual
evidence that a pair of low-tension nylon seatbelts inhibits
physical injury in a car crash"
I was in a car that crashed into another vehicle at a roughly 30
degree angle and a combined speed of 40 mph. The car did not have
airbags (early 1980s vehicle), but I was wearing the lap and
shoulder belts. I walked away with a slightly sore shoulder. Do you
think I would have stayed in the seat without the belts?
"if I can remember my MBE review...airlines and accidents
caused by airplanes fall under a strict liability
rubric"
I'm sure you can remember the MBE material a lot better than I can
- of course, that's not saying much... ;)
I'm hoping to know it in a little over a month's time, and then
forget it three days later.
The strict liability section of my barbri torts outline doesn't
mention anything about airplanes - just wild animals,
ultrahazardous activities, and products liability. As a common
carrier, the airline certainly has a heightened duty to its
passengers, but not to the driver on the ground.
I was going to use the usual "negligently maintained tree falls on
speeding driver" hypothetical, but I figured that tort liability
for a plummeting jet engine would be less contentious than for a
falling tree.
"I think that the exacerbation of damages resulting from
negligence on the part of the plaintiff can serve to reduce or
eliminate damages"
There is a duty to mitigate damages in tort law, but my
understanding is that it only extends to events after the injury -
so if you're injured and you don't seek medical treatment, you
won't be able to recover for any extra damages caused by your
failure to do so. (Incidentally, this might well raise the same
tricky issues as a damage offset for non-helmet wearers would.)
I'll have a look into it.
Okay, vis-a-vis airlines, apparently strict liability used to be
the norm (when flying was ultrahazardous), but the rule differs
amongst the states and is moving towards negligence.
As to mitigation of damages, the imaginatively-titled "Damages in
Tort Actions" says that "many jurisdictions have blurred the
distinction between comparative or contributory negligent [sic] and
mitigation of damages with respect to a plaintiff's failure to wear
a seat belt". The law *seems* to be that contributory negligence
states are less likely to admit evidence of non-use of seatbelts.
Some comparative negligence states don't allow seatbelt non-use as
a defence either, and some use it to offset damages (but it does
not affect liability). Basically, as so many things do, it seems to
vary from one state to another.
I haven't ridden in years but in my day I logged over a hundred
thousand miles on pocket rockets. I can assure you that helmets
aren't a be-all end-all but if it weren't for that AMA & Snell
approved metallic gold Grant Daytona, that was ground flat on one
side by the grooved concrete of the San Diego Freeway, there would
be no Wine Commonsewer today. It looked like somone took a seven
inch disc grinder to it.
BTW, It's really hard to get ground up Levi's bell bottoms out of
asphalt burns.
I'm still against helmet laws.
Interesting that Hawaii has mandatory seatbelt laws but no helmet
laws. Huge campaign right now to ticket non-complying motorists.
CLICK IT OR TICKET signs all over the
island.
Now, I really am going back to the beach. Really.
Wait wait wait...I smoke Red 100s, and you're telling me that there are unfiltereds available? Give me the nearest store!
Mad Scientist,
"SM, most motorcycle accidents occur when some bastard in a cage
pulls out to make a left turn right in front of you. Without any
intersections, the freeway is one of the safest places to
ride.
Sure, maybe that's a fact - there are all kinds of fools who should
not be allowed to drive. But it doesn'nt hurt to wear praotection,
right ? Yur less likely to get scrunhed on the freeway if you are
wearing the HELMET and everything else.
I have my own medical. I carry full insurance on my my car, my
bike, and my four wheeler. If I choose not to wear my friggin'seat
belt, it's still only a $10 fine here in Idaho, and, I can't be
stopped just for that. If I screw up and wreck by my own stupidity,
I pay. If some other schmuck is at fault, he pays.
If I go without my helmet (as it is legal to do in Idaho) and wreck
my own dang self, I pay (or die). If some other schmuck wrecks me,
why should he not be resonsible?
BTW the nearest stoplight is 60 miles from here, so you might often
see me or any of my neighbors flyin' down the state highway without
any friggin' helmet. My only big problem is remembering to
buckle/helmet up when crossing into Washington.
I get the impression very few of the posters on this thread have
ever rode a motorcycle, with or without a helmet.
In case anyone is wondering, the primary reason a motorcyclist
might *choose* to wear a helmet is bugs, not the law. You only have
to slam into a swarm of juicy flies at 85mph once with only a pair
of sunglasses on to get my point.
"The other legislation I said I'd support is to prevent the
externality of injured morons trying to make tortfeasors pay for
the additional injuries resulting from their own decision. "
By that logic, owners of BMWs should only be allowed the repair
costs of a Civic. Why should the guy who actually caused the damage
be responsible for the BMW owners' decision?
The choice of an expensive head repair is no more an externality
than the choice of an expensive fender repair.
Next? Octavia Butler fell and injured her head...died. Helmets a must for all taller than average whilst in home.
As a follow-up: I pulled at my shoulder belt with increasingly
vigorous yanks until, finally, I got it to lock up.
Unfortunately I dislocated my shoulder doing so.
I hereby retract my earlier statements about saftey belts being
ineffective, and replace it with the statement that they are
actively harmful.
SM, it's definitely a good idea to wear a helmet. I always do
(it's required in California) but even when I lived in Colorado
with no mandatory helmet law I (almost) always wore a helmet. MC is
right about the bugs. Insects, sand, gravel, and even rain are
damned painful at 60 miles an hour without a (full face) helmet. If
you're going on a long ride, you'll get a sunburn. If it's chilly
out, a helmet will help keep your head warm. A helmet keeps your
hair from whipping you in the face and becoming a dreadlocked mess.
Helmets also reduce wind and exhaust noise, so that you're not deaf
when you get to where you're going. Oh yeah, and they also come in
handy if you get into an accident. But on the downside, they
restrict your peripheral vision and muffle your hearing enough that
I think you're less likely to have the time to react to a potential
collision approaching from the side or behind. That added risk is
probably negligible, but it's there. The worst thing about a helmet
is that you feel one place removed from your bike. Trapped inside
this little plastic sphere, you almost feel like you're playing a
video game or watching a ride on TV rather than actually operating
the bike. The more protective gear you wear the less you feel like
you're the one on the motorcycle. It's difficult to explain. It's
spooky. Your hands are insulated from the controls by gloves. Your
feet are removed from the brake and shifter by boots. Leather pants
and jacket keep you from feeling the wind your brain knows must be
rushing by. You know you're out there, exposed, but your body
doesn't feel like you are. After many a mile you get used to it.
But one day you'll be in a gas station and need to move your bike
away from the pump so that your riding buddies can get in. You'll
putter 50 feet to a parking space without wearing the gloves or
helmet. And you'll remember. THIS is what it's supposed to be like.
It's only 50 feet and 10 miles an hour, but it's wonderfully
different. Suddenly you're connected to the machine, part of it.
The vibration in the bars is transmitted directly to your fingers.
Your head is free to move in every direction. When you roll
forward, the wind flows around you like your brain expects it
to.
Even if there were no helmet law in California I'd still wear one
99% of the time. But every now and then, I'd like to go for a short
ride without it.
Any way we can make it mandatory for bikers to tuck their goddamned shirts in so I don't have to see their modern-primitive lower back tattoos when the draft pulls the fabric up?
Want people to wear helmets? Make the helmets cool. Like a Star Wars stormtrooper helmet.
I'm not sure how this affects the helmet law debate - Motorcyclist dies
after hit by lightning (Via Fark)
Coloroda has no mandatory helmet law.
This man was wearing a helmet.
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