Mississippi has a universal motorcycle helmet law that requires all operators and passengers of motorcycles and scooters to wear a helmet approved by the American Association of Motor Vehicle Administrators. Despite a plethora of studies indicating the benefits of wearing a helmet to prevent traumatic brain injuries, facial injuries and fatalities, many riders still object to universal helmet laws. In response to this continued opposition, a growing number of states have repealed their universal helmet law partially or completely. While the debate over the merits of these laws and the nanny state will continue, Jackson motorcycle accident lawyer William Kellum III has provided some evidence that universal helmet laws do save lives.
Helmet Use Does Prevent Fatalities
A study conducted by the National Highway Traffic Safety Administration (NHTSA) found the motorcycle helmets are 37 percent effective in preventing fatal head injuries. The report found that this rate of effectiveness over the ten year period of the accidents studied translated into 7,808 fewer deaths. However, the agency estimated that 11,915 lives would have been saved if a number of states had not implemented universal helmet law repeals. Helmets provide essentially the only significant type of safety equipment available to motorcyclists. The inherent vulnerability of riders is reflected by the fact that motorcycles constitute only three percent of registered vehicles in the United States, but they constitute more than nine percent of traffic fatalities involve motorcycle operators and passengers.
Universal Helmet Laws Increase Helmet Usage
While motorcycle helmets are effective at preventing head injuries and fatalities, helmet laws are only effective if riders actually comply with the requirement to wear a helmet. Studies conducted before and after the repeal of helmet laws reveal that the percentage of riders who wear helmets increases to almost a hundred percent when universal helmet laws are in place. A review of nine separate studies conducted by the General Account Office (GAO) found that helmet use ranged from 92 to 100 percent in states with universal helmet laws, but compliance was only 42 to 59 percent in states with laws that did not have a universal helmet law. A similar study by the NHTSA found that helmet use was nearly a hundred percent in states with mandatory helmet laws but ranged between 28 to 40 percent when the laws only applied to certain populations of riders.
Impact of Not Wearing a Helmet on a Personal Injury Lawsuit
When riders disregard the mandatory helmet law, the violation can be evidence of negligence by the rider. This negligence can be used to reduce the recovery of a motorcyclist if the rider suffers injuries to the head, brain or face that would have been prevented by wearing a helmet. However, an injury victim’s failure to wear a helmet would not be relevant if the injuries suffered could not have been prevented by a helmet, such as injuries to the lower extremities.
Both sides have arguments that have merit in the debate between individual choice and public safety when it comes to universal helmet laws. However, Mr. Kellum sees the tragic results of deciding not to strap on a helmet far too frequently. Our law firm encourages all riders to wear a helmet when riding even if they are not subject to a mandatory helmet requirement.
The Decision to Strap on a Helmet Can Prevent Traumatic Brain Injuries & Fatalities
Mississippi motorcycle accident lawyer William S. Kellum III represents individuals who have suffered serious injuries or lost a loved in in a motorcycle crash in Jackson, Brandon, Clinton, Canton, Brookhaven, Greenwood, Hattiesburg, Indianola, Madison, Meridian, Natchez, Pearl, Ridgeland, Vicksburg, Yazoo and other surrounding cities and areas. We offer a free consultation so that we evaluate your case and answer your questions so call us today at (601) 969-2709 or send us an email to schedule your initial consultation.
