Thursday, September 13, 2007

Born to be Mild

There is something undeniably American about the idea of having the sun upon one’s face, the wind in one’s hair and the wide-open spaces in which to experience it. The thought instantly conjures up images of sailing the high-seas, racing through the old west on horseback, barnstorming in a vintage biplane… or riding a motorcycle on ribbons of endless asphalt into the sunset. It is the definitive vision of liberty and freedom that so many Americans hold close.

Except, that is, when said activity might be “dangerous.” Picture that sailor, cowboy or pilot wearing a Department of Transportation (DOT) approved helmet and the vision of freedom quickly comes apart. Yet in 47 states, some sort of motorcycle helmet law robs America’s two wheeled enthusiasts of this iconic American experience.

We live in a country where liberty is among our stated “unalienable rights.” This “self-evident” truth is so important that it is specifically enumerated in the Declaration of Independence. Boiled down, it is an idea that allows us to do as we please so long as it doesn’t harm anyone else.

Of course, the interaction between government, society and politics is rarely that simple, but there are some cases when it is. Enter the motorcycle helmet law.

Many motorcycle enthusiasts are opposed to these laws on the grounds that helmets are actually an impediment to safety or because the statistics are wrong or somehow misleading. However, the data from the National Transportation Safety Board (NTSB) and other organizations is pretty overwhelming - helmets do save their wearers from serious injury and/or death. Granted.

But shouldn’t we be able to determine the level of risk acceptable for each of us?

Those advocating for helmet laws say there is financial harm done to others who had no part in the decision-making process. It is a form of involuntary social welfare granted to those who choose not to take precautions and suffer serious injury as a result. Without adequate medical insurance, society as a whole picks up the tab. It is a valid argument, although hardly unique to motorcycle riders.

The do-gooders who have lobbied for these laws are hiding behind the tried and true “it’s not fair that I should have to pay for your carelessness,” or, let’s just say what they mean, stupidity. But there are a host of dangerous activities that are not regulated - far more than are. Although this is an inconsistent and somewhat myopic argument, it is still true enough. This is a problem when people engage in “risky” activities without adequate insurance - someone has to pay.

Unlike some other “dangerous” hobbies, however, there is a simple and relatively painless way to address the financial cost of those wishing ride without a helmet. Simply add a small surcharge to all motorcycle registrations or licenses to fund an account that pays for those wishing to take the risk. Because all motorcycle riding could be defined as risky, motorcycle riders should not mind funding an account to cover their collective butts - or heads. If it was about money, there is a solution.

But, alas, it is not about money… it is about control and the idea that we, or at least some of us, don’t know what is good for us. There is a not-so-hidden agenda at work here. Those who are absolutely convinced that anyone who would decide to ride without a helmet must surely be insane and as such, must be unable to make rational decisions for themselves. Therefore, it's the government's job to step in and save us from our own stupidity.

The idea is one that extends well beyond two wheels and a motor; it is about who decides what is best for us. Has the government evolved into some kind of nanny that tells us when to wipe our nose and what time to go to bed? Is that what we really want?

23 comments:

Anonymous said...

I've never been a big fan of motorcycles. They scare me a little. But...that's not the point.

I think bikers probably SHOULD wear helmets, but I agree that it shouldn't be required by law.

And I am far too tired to make any kind of coherent statement.

Great post. Like the new blog.
Michele sent me.

Pat said...

As a mother, grand mother and who spent her formative years nursing sick children, safety has always been paramount to me, so my honest opinion about anything that prevents a dreadful accident has to be in favour of it. Nothing to do with money - just preservation of life. Sorry Mike, I know you would rather I said what I believe.

Snaggle Tooth said...

The New Hampshire state motto is Patrick Henry's "Live Free or Die" quote, n they don't have a helmet law yet.

I live in Massachusetts, which has abundant restrictive laws in place, saving us from stupidity n freedom of choice at every turn. We are now required by law to have health insurance, there are "no smoking" laws everywhere, even outdoors on state/school property. we can't even ride a bicicle without breaking the law if wearing no helmet!
Most motorcyle riders here prefering none, opt for the half-helmet in compromise. I've had rides with n without. Folks here think it's nuts not to. It should depend on the person n the situation. It still is a choice only when you decide to ignore the law...

Pat said...

Oh dear! I was so flustered at having to disagree with you I completely forgot to say Michele sent me.

Jean-Luc Picard said...

Though I don't drive motorcycles, I adore Harleys. People should decide whether to ride a helmet or not. Here in Britain, anyone without a helmet would be stopped and fined by police instantly, and probably reported to them. It's too much of a nanny place.

Michele sent me here.

craziequeen said...

Having seen motorbike accident victims (pre and post helmet law) and having been married to a biker, I don't have any problems with the bike helmet law...

But I'm a contrary woman - I am in two minds as to the possibility of bringing in bicycle helmet law.

Michele sent me to get your take on the safety law :-)

cq

A Army Of (Cl)One said...

Just a quick question. Are you opposed to the seatbelt law?

I don't oppose the helmet law, but the proposal of charging a higher rate for all motorcycle riders to cover the cost of a few won't sit well with the ridding community. I like the idea of a signed waiver indemnifying the State government from having to pay medical cost related to accidents. (I also think the same should be done for people who eat too much fast food)

Here on my own today. Might be back via Michele

A Army Of (Cl)One said...

and what happened to the 25 year plan? or are you working on the next 25 now :)

Michael K. Althouse said...

army -

In principle, yes I am opposed to the seatbelt law. However, I am in favor of laws restricting distracting activities while driving, i.e. cell phone usage.

As far as the motorcycling public supporting an "insurance fund," they would be far more likely to agree if it applied to all motorcycle injuries that personal or other insurance does no cover - and as I propose it, this would be the case. Just wearing a helmet doesn't lessen the inherent danger of riding - it only changes the statistical distribution of the types of injuries.

Signing a waiver will not work - a hospital cannot refuse emergency care under any circumstances. they will not let you die simply because you signed a waiver.

Under 18? Restrict them all you want. They are, by legal definition, unable to know what is best for them.

The 25 Year Plan is still active, but on hiatus until October - thanks for asking!

OldLady Of The Hills said...

Michele sent me here today to pondder this difficult question....I don't have an anser. But what I do know is, people on motorcycles get killed more ften without a helmet that with one. Should it be mandatory? Well, I think it should be. Safety before possible disater. And this has nothing to do with money. This is about saving lives. You asked, my dear?

Sara said...

Hello, Mike, Michele sent me! I live in NH and we don't have a motorcycle helmet law except for those under 18 (I think it might be 16) - But, get this - if you drive or ride on a snowmobile you have to wear a helmet. Go figure!

I'm not sure how I feel about the law...as an automobile driver - I get scared that I might hit someone on a cycle...and fear for them if they don't have a helmet on.

It's a tough call - but, I have to say I think when it comes to personal freedoms - the government has gone to damn far in trying to protect us from ourselves...

carmilevy said...

Here in Canada, our one-size-fits-all nationalized health care system pretty much ensures that my massively high tax rates will ultimately fund the stupidity of those too ignorant to eat right and lead healthy, relatively low-risk lives.

Of course, the question of what those risks are and who defines what should be subject to these types of surcharges is central to the debate. Why motorcycle helmets and not Burger King Whoppers? Why is diving into rocky, unlifeguarded ponds not also charged in a similar manner? ATVs and kids, anyone?

The truth of the matter is there are as many risky behaviors as there are humans. And legislation will never catch up with them. So it's a moot point to pick one and not another.

I wear a helmet because just after I decided to start wearing one, I was t-boned by a car and thrown into the intersection. I landed on my head and shattered my helmet.

I walked away with bumps and bruises. The first responders who raced to the scene said I would have either been dead or a vegetable if I hadn't had my helmet on.

I don't need a law to govern my behavior. Basic physics is enough.

November Rain said...

well helmet laws are also here in Germany and france

in fact they are stricter here about it

hi from michelle

I think people should wear helmets whether it is a bike or motorcycle

but I am a mommy to and I dont want to see anyone get thier head caved in because of something bad

MorahMommy said...

I'm sorry mr.althouse, but I have to disagree with you. I am not a motorcycle fan, but my husband and kids are cyclists and I strongly feel that helmets should be mandatory. If you want to do something that you love, either kind of bike, go for it, by why risk yourself. It's a known fact that helmets save lives.

While my son was in the hospital for a broken leg, a 14 year old girl was brought in next to him. She was riding her bike and got hit by a car. She did not have a helmet on. She has a cracked skull. Thank God she will recover. My kids don't have a choice, no helmet, no bike.

I have to agree with November rain, maybe it's the mommy in me...but your life is more important than anything.

Oh...now that I have finished rambling...Michele sent me.

Have a great weekend!

flleenie said...

I am definitely a motorcycle fan. My best friend is married to a biker. I personally know of 3 people who have died in motorcycle accidents, one of which the accident was not really bad, but he died because his skull smacked the pavement. Now we will never know for sure, but it was mentioned that if he had been wearing a helmet, he might be alive today...

Heather Edwards said...

I am still on the fence as far as the topic is concerned, but I very much enjoyed reading your first column. You have a great style that is extremely easy to read and follow. I look forward to reading more in the weeks to come.

Heather Edwards
Column Writing Class

kenju said...

I had a favorite cousin killed in a motorcycle accident, so I am not a good one to ask. I do think that helmuts ought to be mandated!

awareness said...

Hi Mike.

great topic!

Though I believe government legislation goes beyond the call of duty and into our messy bedrooms way too much, I can't say that I agree with you on the helmut law, especially for motorcycles and I guess for cyclists too (as is the case in over legislated do-gooder Canada) but I don't want to wear one. I mean, I would wear a helmut if I was cycling along the Trans Canada highway like a crazy person, but if I'm riding leisurely on a trail away from cars and their ilk, then I dont believe i need to wear one. AND it should be my decision.

On the other hand? I have worked with many kids and adults who have sustained life altering head injuries because they weren't wearing a helmut.

Look forward to reading more editorials on your new blog.

mckay said...

coming from a mom who's ex likes to take our 5 year old boy out on the busy city streets on the back of his motorcycle, i'm glad there's a law enforcing my son's safety when i'm not around. regarding my ex's noggin, i think he's thick headed enough w/o the helmet.

couldn't resist the pun.

mck.

Michael J. Fitzgerald said...

In Mexico, even finding helmets to wear is a task.

Nice column, well argued.

And you have lots of blog fans reading you regularly.

Good job.

Belizegial said...

Hi Mike,

Here in the tropics, as far as I know, there are no helmet laws for bikes and motorbikes.

Consequently, when there is a death by motorcycle, it is usually gruesome. One in particular comes to mind which occurred on one of our 'highways' where the cyclist remains had to be scraped up off the ground, it was so bad. Truly horrific.

Well written blog and I will be following your progress here as well.

Enid

Carli N. Wendell said...

Interesting point about motorcyclists paying a little extra to cover accidents.
If every stupid thing we did that cost other Americans money was outlawed (eating poorly, smoking, etc.), this would definitely be a nanny state.

Unknown said...

I came back from Michele's and decided I'd best comment on the next post. Hope your weekend is going well. And don't forget your helmet :P