Professional Documents
Culture Documents
Bob A. Matson
Abstract
This paper summarizes the concern for the safety of motorcyclists on the road, focusing on
information about the current motorcycle laws set in place to protect to protect the riders,
numerous legal cases about specific state’s helmet laws, and what needs to change in order to
deter future motorcycle accidents that result in death or serious injury. To add to that, details
about the history of bikes, the main causes of most collisions, and the eye-opening statistics on
In the United States, motorcycle safety laws have been debated across states over the past
50 years. The rider’s conscious decision to whether or not strap on a helmet when riding their
wear proper protective gear and taking safety courses are other ways riders themselves can
reduce the uncertainty of future accidents and injuries. Riders can take all the precautions they
want before hopping on a bike, but the chance of being in future collisions is not always in their
hands. Combined with the faults of opposing drivers, such as the growing problem of distracted
driving, bikers are at an increased risk of injury and death while on the roads. With motorcycle
deaths ranging from 2,000 to over 5,000 fatalities each year, this is a concerning topic for
citizens on the roads ("Motorcycles," 2017). The current laws set in place to protect
motorcyclists fail to meet the necessary safety precautions by allowing riders to dangerously
operate their bike and not protecting them against opposing drivers on the road.
Motorcycle helmet laws were first put in place as early as the 1920s, mainly used for
those who would race their bikes. But it was during World War 2 when motorcycles were being
used quite often as a way of delivering instructions and battle reports between commanders.
Hugh Cairn, a neurosurgeon for the British army, began to study more on the head injuries that
came without using a helmet. The problem first caught his eye when war hero, T.E. Lawrence,
was killed in a motorcycle accident by a head injury. Cairn would later publish multiple, highly
acclaimed articles about his research saying that helmets have proven to reduce the risk of injury
and fatality. After WW2, Britain became the first country to issue “research-based helmet
performance standards.” While in the United States, there were no policies for helmet use
In the past years, the federal govt. required that in order to qualify for for federal funding
for safety programs and highway construction, states must enact a helmet use law (1967). This
led to many states adopting universal helmet laws. The universal helmet laws in the United
States, § 46.2-910, are defined, saying that everyone is required to wear a certified safety helmet,
and required to wear a face shield, goggles, or safety glasses with a helmet, or the bike must
have a windshield and rider just has to wear a helmet. However, motorcycles with wheel
diameter of 8 inches or less are not required to wear a helmet. Helmets, goggles, safety glasses,
and windshields must be certified by the Snell Memorial Foundation, the American National
Standards Institute or Federal Department of Transportation. If a rider fails to wear the protective
gear stated, it cannot be constituted as negligence in court. The law excludes riders participating
in a parade, approved by Department of Transportation. It is also illegal to sell any helmet that
Carolina, Virginia, West Virginia, D.C., Maryland, New Jersey, New York, Vermont, and
Almost all states enforced a universal helmet law until 1976, when Congress was forced
to stop the Department of Transportation from diminishing federal funding of certain states due
to their current helmet laws. Insurance Institute for Highway Safety (IIHS) defines the phrase
“low powered cycles” as “motor driven cycles, mopeds, scooters, and other 2 wheeled motorized
vehicles with an engine displacement of 50cc or less and max speed being 30 mph or less.” 23
states enforce helmet laws for all low powered cycles while 24 states and D.C. have helmet laws
for some low powered cycles. There are 28 states that require some bikers to wear helmets,
MOTORCYCLE SAFETY AWARENESS 5
known as partial helmet laws. In some states, the law might say that riders under the age of 18 or
21 are required to wear helmets, and for everyone else the choice is optional ("Motorcycles,"
2017).
The current 28 states with partial helmet laws are Montana, Idaho, Utah, Arizona,
Wyoming, Colorado, New Mexico, Texas, Oklahoma, Kansas, North Dakota, South Dakota,
Minnesota, Florida, Arkansas, South Carolina, Kentucky, Indiana, Wisconsin, Michigan, Ohio,
2017).
There only a few states that have a “no helmet law.” This means that nobody is required
to wear a helmet, even if they are under 21 or 18. The 3 states that have no law are New
Case Law
A class action lawsuit by the citizens of New Orleans was made to change the motorcycle
helmet law in Louisiana. The plaintiff’s main argument is that the helmet ordinance denies
riders a due process of law in that it gave them a disadvantage of personal liberty by promoting a
statute that does not benefit the public as a whole. They also say that the ordinance denies them
equal protection under the law as it restricts only one class of the motoring public without
impacting the general public. The city of New Orleans had granted power to the their police to
protect the safety of life at all costs. Previous court cases, for example, American Motorcycle
Association v. David's, concluded that the helmet law was unconstitutional. In the Rhode Island
Supreme Court, they decided the law was constitutional in State ex re. Colvin v. Lombardi. The
New Orleans Supreme Court reversed the previous decision, concluding that the ordinance is
MOTORCYCLE SAFETY AWARENESS 6
neither unconstitutionally vague and doesn’t violate the equal protection clause (Everhardt v.
There was a class action lawsuit against the Denver District Court challenging the
constitutionality of Colorado's mandatory helmet law. The judge ruled that the statute was not
justified because it did not prevent accidents and that wearing a helmet was problematic when
operating a bike. The defendants defended their case, saying that wearing a helmet does not
affect interstate commerce, and does not burden freedom to travel, yet the judge affirmed that
helmets should not be required. The plaintiff’s evidence contradicts almost every safety law in
place as there is legislation such as “hunter safety laws, laws requiring life jackets in boats, and
laws requiring certain occupations to wear protective devices” because they should be considered
Cause of Crashes
The increase in number of crashes are usually linked back to an increase in the number of
riders on the road. The year 2015 showed an increase in fatalities and deaths of motorcyclists.
There are more likely to more riders on the road when the weather is warmer, and good riding
conditions overall. In 2015, there were above average temperatures and less total rainfall,
creating a longer riding season. The months of October and November were noticeably warmer
and drier than previous years. Other factors present in 2015 were an improving economy.
Cheaper gas prices means more miles vehicles could travel (Retting & Rothernberg, n.d.).
Whenever there are more riders on the road, there are going to be more accidents and
deaths. However, in most motorcycle accidents, it is not the rider’s fault, but the opposing driver
the majority of the time. The most common accidents caused by car drivers are when they turn
left in front of the bike, they change lanes in front of the motorcycle, they hit the rider from the
MOTORCYCLE SAFETY AWARENESS 7
back, distracted driving, and drunk driving. In today’s world, with technology being so
accessible at the touch of our hands, distractions like texting while driving and fiddling with the
radio are serious threats to riders on the road. Riders can also be involved in accidents due to
their own self error. Examples include hitting gravel in a blind corner, entering a corner too fast,
locking the front brake, not being properly taught, and drunk driving by the rider. These are all
the most common cause of motorcycle crashes, and they can all be prevented (Siler, 2017).
Prevention/Solution
accidents and deaths of riders, it starts with properly training riders before they are allowed on
the road. Having nationally recognized motorcycles safety classes, taught by certified instructors
is imperative to rider safety. “25% of fatally injured motorcyclists do not have a valid license”
(Retting & Rothernberg, n.d.). Another precaution motorcyclists can do is to wear proper gear.
Buying specialized riding gear like jackets, pants, gloves, and boots is an investment worthwhile.
Even though they cannot prevent the accident itself, they can prevent serious injury, like road
rash. Road rash is when a rider falls down, and their body slides against the rough, sandpaper
like pavement, causing their skin to virtually rip apart and wear down to the bone. Jackets, pants,
and gloves, use special material to protect against the rough surface, and sometimes include extra
padding to absorb some of the impact. But the most important piece of gear a rider needs is a
helmet. Wearing a helmet can save a rider’s life by protecting their head from serious injury. The
most common reason motorcyclists die in an accident is because they were not wearing a DOT
certified helmet, which is tested and meets federal safety requirements. There are 31 states that
don’t require a helmet when riding a bike for either some or all riders.. ("A Comprehensive
Approach to Motorcycle Safety," n.d.) By simply wearing a helmet, people can reduce their risk
MOTORCYCLE SAFETY AWARENESS 8
of serious brain injury and potential death by 37%. Creating universal helmet laws for each state
can lead to 90% or even 100% of riders wearing headgear because it would be required by law.
Sadly, many motorcycle organizations throughout the United States are trying to appeal their
state’s universal helmet law. Their defense is that the rider should be able to make their own
decisions (Retting & Rothernberg, n.d.). Riders should also refrain from speeding at dangerously
high speeds. Sport and Supersport motorcycles are “lightweight, high horsepower bikes that have
tremendous speed and acceleration capabilities” (Retting & Rothernberg, n.d.). These are
motorcycles are 4 times more likely to be involved in fatal accidents due to speeding. Another
way to prevent the rider from getting involved in accidents is for law enforcement to quickly
With technology improving safety each year in the motor vehicle industry, there have
been features designed in motorcycles to prevent less accidents. According to the Governors
One important vehicle factor that can reduce motorcyclist deaths is the antilock brake
system (ABS). ABS prevents wheels from locking up, reducing the likelihood of ejection
from the motorcycle. In one study, the rate of fatal crashes was 31 percent lower for
motorcycles equipped with ABS compared with same-vehicle models without ABS16.
ABS enhanced motorcyclist safety, and 54 percent indicated that they would get ABS on
their next motorcycle 17. Thus the percentage of motorcycles on the roads with ABS is
likely to rise. The European Union has mandated ABS as standard equipment for
MOTORCYCLE SAFETY AWARENESS 9
A big part of the reason why there are motorcycle accidents is because of other drivers on
the road. Most of the time, drivers of cars simply do not see bikes on the road because they are
smaller and less visible. This can be solved by reducing distracted driving. Personal litigant
attorney, Michael Imprevento, who has experience with cases concerning motorcycle accidents,
says that “there needs to be more vigilant enforcement of distracted driving related laws like
texting while driving.” He also thinks that the penalties for those who violated should be
increased when the offense results in an accident with injuries (M. Imprevento, Personal
communication, November 4, 2017). Another serious problem that affects all vehicles on the
road is driving under the influence of alcohol and drugs. Although law enforcement have become
more aware of this threat, it still remains a problem due to how a driver’s vision and judgment
becomes impaired. Overall, operations of other vehicles must be more aware of motorcyclists on
In 1975, data show that there were 1,137 single vehicle motorcycle deaths which
accounted for 37% of all total motorcycle deaths in that year. Fast Forward 40 years later to 2015
and that number has heavily increased. The year 2015 showed there were 1,906 single vehicle
When looking at multi vehicle accidents 1975, there were 1,963 deaths of motorcyclist,
making up 63% of the total deaths. Then in 2015, that number nearly grew by one thousand.
There were 2,787 multiple vehicle deaths that year that made up 59% of total deaths
("Motorcycles," 2017).
MOTORCYCLE SAFETY AWARENESS 10
A study was done by the Governors Highway Safety Association (GHSA) , in which they
Motorcyclist fatalities in the United States are expected to have increased by 10 percent
in 2015 compared with 2014 (more than 450 additional fatalities), based on preliminary
data supplied to the Governors Highway Safety Association (GHSA) by the 50 states and
the District of Columbia. This increase follows two years in which the number of
fatalities reported by the 50 states and the District of Columbia for 2015 will be 5,010,
compared with 4,548 for 2014. This would be only the third year in which more than
The number of motorcycle crashes are in the thousands each year. Some result in minor
injuries while some can lead to death and life long physical damage to their body. Based on
statistics from the Insurance Institute for Safety, there has been a growing trend of motorcycle
deaths since 2008. As part of the survey provided by the GHSA, they reported a mix of profiles
of the type of people have died in accidents. Numerous states revealed that middle aged riders
were a high percentage of those deaths. For example, Florida noted that 50% of those killed in
crashes were between the ages of 35-44, and 47% were 55-64. In Wisconsin, the median age was
47. New York proposed that the reason why older people are involved in accidents are because
they return to riding with rusty skills and that bikes today have become more powerful. There
have also been reports of a large percentage of younger motorcyclists dying too. Maryland
claimed that younger males between ages 21 to 35 represented 40% of the deaths in their state. In
Texas, riders ages 20-29 appeared to be the majority of those statistics. Alabama also showed an
increase in the number of younger rider involved in fatalities, rising from 9 to 15 from 2014 to
MOTORCYCLE SAFETY AWARENESS 11
2015. Statistics also show the that number of fatalities in the U.S. are majority males, adding up
to 90% in 2014. However, the number of females might increase slightly as more women have
been taking training classes across the country (Retting & Rothernberg, n.d.).
Now looking at the fatality rate of riders based on the helmet laws across the United
States, the statistics show that a motorcyclist will have a greater chance of becoming fatally
injured when they are not wearing protective headgear in states with partial and no helmet laws.
In 2015, 27% of the riders who died in accidents in no helmet law states were wearing headgear,
while 71% of riders in those states who died were not wearing any helmet at all. For the states
that have partial helmet laws, usually meaning that riders over 21 or 18 are not required to wear
helmets, 41% of the fatalities were those who did wear protective head gear. But, 56% of the
riders who died in accidents were recorded to not have been wearing any helmet at all. In states
that have universal helmet laws, statistics showed that 92% of deaths came from riders who were
wearing helmets and 7% of them were not ("Motorcycles," 2017). The state of Michigan is an
example of how fatalites have risen when there are no laws in place requiring riders to wear
helmets. In 2012, the Michigan’s universal helmet law was repealed, which resulted in a 23%
The data shared displays that there are more rider fatalities of those not wearing a helmet
in states that don't require them. It also makes sense that 92% of the deaths in universal helmet
law states were coming from those who were wearing helmets because it is a mandatory law.
Besides lack of helmet use, there are more established risk factors that are in the hands of
the rider. Alcohol and drugs, speeding, and invalid licenses are the other major risk factors
involved in accidents. There were a great number of states identifying alcohol and drug abuse
being a major contributor to accidents. 60% of deaths in Hawaii were reportedly caused by
MOTORCYCLE SAFETY AWARENESS 12
alcohol. Then in Michigan, motorcyclists represented the majority of total motor vehicles deaths
caused by alcohol. The state of Oregon is now testing for THC in rider’s system since they
legalized recreational use marijuana back in 2015 (Retting & Rothernberg, n.d.).
History shows the number of motorcycle fatalities and crashes are able to fluctuate each
year. There will be periods of low motorcycle related deaths and some when the number is
higher than average. Starting in 1975, there was an increase in fatalities for about 5 years until
1980. Then they declined to an average of 2,116 deaths per year in 1997, but began to rise again
in 1998 to 2008. The median grew 151%, making the average 5,312 deaths. After 2008, there
was a slight drop in motorcyclist deaths, but then began to increase again in 2012. In 2015, 31
states reported that there was an increase in fatalities from 2014, while 16 states reported that
there was a decrease of deaths in their area, and 3 states including D.C. claimed their data did not
change. Eight out of the 31 states that reported that there was an increase of at least 20 deaths,
with largest increase being 100 in the state of Florida. California had the biggest decrease in
deaths with 38. Statistics will vary each year depending on demographics, economic conditions,
weather conditions, and fuel prices that ultimately decide how much motor vehicle transportation
The sharp rise in fatalities of motorcyclists from 1998 to 2008 can be traced back to the
number of bikes registered. The number of motorcycles registered nearly doubled within that
time, growing from 3,826,373 to 7,752,926. Then in 2009, this pattern disconnects, likely caused
by the economic recession in 2008. Because of the recession, riders were traveling less for
recreational reasons, meaning there wouldn’t be as much of them on the road, leading to fewer
accidents. Fast forward to 2012 and the deaths increase again, most likely due to the warmer and
Conclusion
Based off of these eye opening statistics, there needs to be better protection of motorcycle
riders from themselves and opposing vehicles on the road. The best way to protect riders from
serious injury and death is putting in place a standard, universal helmet law that requires
everyone to wear a helmet. Legislation requires drivers of cars/trucks to wear safety belts in 49
states to protect their personal safety but leave it to rider’s in 31 states to make their own
decision to wear potentially lifesaving gear. ("Safety Belts," 2017). To prevent self-error by
riders, there should be a requirement to retake a safety course every 10 years to remind
motorcyclists to use safe precautions when riding a bike. Law enforcement should also be more
cognizant to distracted drivers on the road and enforcing stricter penalties to those who injured or
killed riders on the road due to their own negligence. Then the most important way to prevent
motorcycles on the road. This is a relevant issue in today’s world of transportation that needs
References
10 Motorcycle safety tips for new riders. (2013). Retrieved December 16, 2017, from
https://www.consumerreports.org/cro/2013/04/10-motorcycle-safety-tips-for-new-
riders/index.htm
§ 46.2-337. Examination And Road Rest Required For License To Operate Motorcycle;
https://law.lis.virginia.gov/vacode/title46.2/chapter3/section46.2-337/.
https://www.nhtsa.gov/road-safety/motorcycles
Colorado is No Longer 100% Helmet Law Free! STATUTE:. (n.d.). Retrieved November
from https://one.nhtsa.gov/people/injury/pedbimot/motorcycle/safebike/approach.html
accident-statistics/
Everhardt v. City of New Orleans (December 16, 1968) (Google Scholar, Dist. file).
http://www.bikersrights.com/states/louisiana/louisiana.html
Motor Vehicle Safety. (2017, May 31). Retrieved September 23, 2017, from
https://www.cdc.gov/motorvehiclesafety/mc/index.html
MOTORCYCLE SAFETY AWARENESS 15
https://www.dmv.org/motorcycles/how-to-guides.php
Motorcycle Safety is a Two-way Street. (2017). Retrieved December 16, 2017, from
http://www.nsc.org/learn/safety-knowledge/Pages/Motorcycle-Safety.aspx
http://www.iihs.org/iihs/topics/laws/helmetuse/mapmotorcyclehelmets
Retting, R., & Rothernberg, H. (n.d.). Motorcyclist Traffic Fatalities by State (Rep.).
Retrieved December 12, 2017, from Governors Highway Safety Association website:
http://www.ghsa.org/sites/default/files/2016-12/motorcycles_2015.pdf
http://www.iihs.org/iihs/topics/laws/safetybeltuse/mapbeltenforcement
Siler, W. (2017, February 20). 10 Common Motorcycle Accidents And How To Avoid
motorcycle-accidents-and-how-to-avoid-them
Supersport motorcycles have highest death rate. (2007, September 11). Retrieved October
performance-motorcycles-helps-push-rider-deaths-to-near-record-high
Virginia. (n.d.). § 46.2-910. Motorcycle and Autocycle Operators to Wear Helmets, Etc;
https://law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-910/.
MOTORCYCLE SAFETY AWARENESS 16
Watson, T. (2013, May 29). What The Latest NHTSA Fatality Stats Reveal About.
fatality-statistics-reveal-about-motorcycle-safety