Cassandra, Sorry this response is long, but you said you were torn. Rob - I think your approach is spot on. Forgive me but I think this premise relates to gun rights too.
www.ama-cycle.org HELMET USE AND HELMET LAWS
The AMA believes there is a clear distinction between the use of
helmets and mandatory helmet use laws. Some view the helmet
solely as a mechanical safety device, similar to seat belts. Many
motorcyclists view the helmet as an accessory of personal apparel --
its use or non-use is connected with a chosen lifestyle and their right
as adults to make their own decisions.
Regardless of the protective equipment worn, the accident-involved
motorcyclist is at considerable risk. This makes it all the more vital
to avoid motorcycle accidents in the first place, a strategy widely
recognized and pursued in the motorcycling community. Mandatory
helmet laws do nothing to prevent accidents.
Helmet laws remove a personal freedom -- the freedom to choose
helmet use. They are a manifestation of the misguided belief that
citizens lack the wisdom to make personal safety decisions for
themselves and must therefore be subjected to increasingly intrusive
laws.
Helmet law proponents argue that losing this freedom is a small price
to pay for the benefits reaped by society. They suggest that the
health care costs associated with unhelmeted motorcyclists place an
excessive burden on taxpayers. However, when the costs of
motorcycle related injuries are examined in the context of the total
social health care picture, the figures are not unusually startling.
The "social burden" or "cost to the taxpayer" argument is a recurring
theme in a variety of issues. It is frequently used in attempts to enact
increasingly onerous laws. The targets of these laws are portrayed in
the poorest possible light and usually overlooked as taxpayers
themselves. Such has been the case with motorcyclists and the
helmet issue.
Long ago, we decided as a civilized society to balance individual
freedoms with social costs. Unfortunately, the research which we, as
taxpayers, fund for the purposes of educating ourselves is
increasingly turned against us; it is used as ammunition to assault this
balance and to erode individual freedoms. This is unacceptable.
The AMA is a strong advocate of motorcycle rider education,
improved licensing and testing, and increased public awareness; all
are measures proven to reduce accidents and improve safety. This
comprehensive approach has contributed significantly to a dramatic
improvement in motorcycle safety over the years. Such programs
did not exist thirty years ago, when it was first determined that
mandatory helmet use laws were the panacea for improving
motorcycle safety.
The AMA believes that a common principle should be applied when
consideration is given to mandating personal safety, whether it be for
motorcycling or some other risk-related activity: adults are capable
of making personal safety decisions for themselves. Society's role is
not to mandate personal safety, but rather to provide the education
and experience necessary to aid us in making these decisions for
ourselves.
RESPONSES TO CLAIMS MADE BY HELMET LAW
ADVOCATES
Claim: Injured motorcyclists are uninsured and rely upon the public
to pay for their injuries.
Response: Motorcyclists are just as likely to be privately insured as
any other road user. If a motorcyclist's injuries are not covered by
insurance, it is often because their employer has denied them these
benefits.
A Harborview Medical Center study reported 63.4% of the injured
motorcyclists in the trauma center relied on public funds to pay their
hospital bills. However, according to testimony by David Gitch,
director of the trauma center, 67% of the general patient population
also relied on public dollars to pay their hospital bills in the same
time period.
A study by the University of North Carolina's Highway Safety
Research Center reported that 49.5% of injured motorcyclists had
their medical costs covered by insurance, while 50.4% of the other
road trauma victims were similarly insured.
Many self-insured employer health plans simply deny medical
payments for injuries sustained in motorcycle accidents. This is a
policy adopted by the employer, not the motorcyclist.
Claim: The costs associated with unhelmeted motorcyclist injuries
and fatalities compel the enactment of mandatory helmet laws to
save taxpayer dollars.
Response: The costs associated with the treatment of motorcyclist
injuries account for less than 1/1000 of one percent of total US
health care costs. Only a portion of these costs are attributable to
unhelmeted motorcyclists, the majority of which are paid by private
insurance. The remainder, spread across the taxpayer base (which
includes millions of motorcyclists), becomes insignificant.
Approximately 12.5% of total US health care costs are
attributable to motor vehicle accidents.
Motorcycles represent only 6/10 of one percent of the
accident-involved vehicles nationwide.
There are 30 million motorcyclists nationwide. The average
motorcyclist is 33 years old, married, college-educated and
earns slightly more than $33,000 a year. Motorcyclists pay
taxes, too.
Claim: Mandatory helmet laws are the most effective way to reduce
the injuries and fatalities that result from motorcycle accidents.
Response: The most effective way to reduce motorcycle injuries
and fatalities is to prevent accidents from occurring. Helmets and
helmet laws do not prevent accidents.
COMPREHENSIVE PROGRAMS THAT PROMOTE
MOTORCYCLE SAFETY
Motorcycles represented only 6/10 of one percent of the
crash-involved vehicles in 1994. Since 1975, the fatality rate for
motorcyclists per 100 million vehicle miles traveled has declined
nearly 56 percent even though the average vehicle miles traveled has
increased 85 percent. Although these statistics are unmatched by
any other category of road user, there remains room for
improvement. Several less personally intrusive measures can be
taken to make motorcycling safer:
Creative motorcycle safety programs that provide incentives to
promote licensing and testing can reduce accident and fatality
statistics further. One out of five motorcycle operators (22 percent)
involved in fatal crashes in 1994 was operating with an invalid
license.
Nearly 50 percent of all fatal motorcycle crashes involve alcohol.
Alcohol awareness programs and "Dial a Ride" campaigns can
drastically reduce alcohol-related accidents and fatalities.
Two out of three motorcycle related multi-vehicle crashes are
caused by the driver of another vehicle. The most common accident
involves an automobile failing to yield the right of way to the
motorcyclist. Motorist awareness campaigns and conspicuity
programs can reduce the frequency of these types of accidents.
MOTORCYCLING FACTS
Motorcycles represent only 6/10 of one percent of the
accident-involved vehicles nationwide.
Motorcycle accidents have declined by 60 percent since
1985.
Over 100,000 motorcyclists complete the Motorcycle Safety
Foundation's Rider and Street Skills rider education course
each year.
Forty-four states have rider education programs designated
through legislation.
The economic value of motorcycling in the U.S. is 5.9 billion
dollars a year.
), personally, every time I put one on, I end up half choking myself out when I go to get out of the car.