Michigan motorcycle helmet measure pits riders against insurers

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http://www.lansingstatejournal.com/article/20110708/NEWS04/107080321/Michigan-motorcycle-helmet-measure-pits-riders-against-insurers?odyssey=mod%7Cnewswell%7Ctext%7CFRONTPAGE%7Cp
Michigan motorcycle helmet measure pits riders against insurers


 12:59 AM, Jul. 8, 2011 Motorcyclist Herb Rials Jr. is on the board of directors for the group ABATE of Michigan, which is strongly against Michigan's law requiring motorcyclists to wear helmets. / Rod Sanford/Lansing State Journal

Written by Scott Davis Filed Under News Capitol AAA Michigan Zoom
 Herb Rials Jr. would like lawmakers to focus on increasing penalties for motorists who strike motorcycle riders. What's next The state Senate has passed a bill making it legal for motorcyclists 21 years and older to ride without a helmet and requiring those who do to carry at least $100,000 in medical insurance to cover injuries caused in an accident.
In the fall, the House may consider a similar bill that would only require a $20,000 insurance policy.
Gov. Rick Snyder has not said whether he will veto a repeal of the helmet law but has indicated he may tie any repeal to reform of insurance rates in Michigan.
The current law, passed in 1969, requires a helmet for all motorcyclists and those under the age of 19 who operate a moped on a street or road.
More A 59-year-old retiree, Herb Rials Jr. would love to gun his 2008 Harley- Davidson Street Glide down a country road without a helmet, feeling the wind rush past his hair.
Or at least what hair he has left.
The Holt man may get his wish under legislation the state Senate recently passed that would make it legal for motorcyclists ages 21 and older to ride without a helmet.
The bill, similar to one pending in the House, marks the third time in recent years that such legislation has gained momentum in Michigan. Former Gov. Jennifer Granholm twice vetoed bills repealing the 42-year-old helmet law.
The battle pits motorcycle riders who see wearing a helmet as a personal right against insurers and medical groups that claim repealing the helmet law will lead to more motorcycle fatalities and higher insurance costs for all motorists.
"Everybody thinks the helmet is crucial for motorcycle safety, but we're still dying. We're still getting hurt," Rials said.
"I'm always for less government, but foremost I'm for motorcycle safety. That is not being addressed with the (current) helmet law. ... The only way to prevent the death is to prevent the accident."
But advocates for the current law say wearing helmets clearly saves lives. The National Highway Traffic Safety Administration estimates helmets saved the lives of 1,829 motorcyclists nationwide in 2008. In Michigan, 121 motorcycle riders died in accidents that year and 12 percent were not wearing helmets, the NHTSA reported.
Citing NHTSA statistics, advocates note motorcycle fatalities rose in Arizona, Florida, Kentucky, Louisiana and Texas after they repealed helmet laws, mainly in the late 1990s.
"We have a good law that already protects people," said Nancy Cain, spokeswoman for AAA Michigan, which opposes repealing the helmet law. "We do know that costs will go up for motorists (if the repeal passes). We really encourage Gov. (Rick) Snyder to veto this legislation."
She said the company has not made projections on how much rates might increase.
Snyder has not said whether he will veto a repeal of the helmet law but has indicated he may tie any repeal to reform of insurance rates in Michigan.
Under the Senate bill, those who ride without a helmet must buy insurance covering at least $100,000 in medical costs in case of an accident. But Cain said the coverage would be woefully inadequate to cover traumatic injuries caused in a motorcycle accident.
Public liability "I believe government has a legitimate role in regulating behavior that has a general expense to the public," said state Rep. Mark Meadows, D-East Lansing, who opposed past repeal attempts and remains unsure about the current version.
"I've always felt that if you are going to drive without a helmet, and you suffer a closed-head injury, the cost to the public is enormous. I would like to lessen the potential liability (for the public)."
But Rials questions whether helmets truly prevent major head injuries, saying many helmets are designed to prevent injuries at speeds of 14 mph or less. Rials is a board member of the state chapter of American Bikers Aiming Toward Education, a key group that has pushed to repeal the law.
Rials would like lawmakers to focus on increasing penalties for motorists who strike motorcycle riders, such as the existing increased penalties for striking construction workers.
"A helmet is not going to prevent you from having a brain injury," Rials said. "The only way you can prevent a brain injury is not to have an accident."
Life and death But Dr. Mont Roberts, a Sparrow emergency room physician, has 32 years of experience as a doctor to refute that claim. Having seen many motorcyclists die of head injuries, Roberts said wearing a helmet can mean the difference between life and death.
"There are people who you see who would have survived injuries if they had worn a helmet," said Roberts, who always wears a helmet when he rides a bicycle.
State Rep. Joan Bauer, D-Lansing, who has rejected past repeal efforts, worries that making helmets optional will jack up insurance rates for everyone.
But ABATE members say insurance rates haven't risen in other states that repealed helmet laws.
"We're not saying to get rid of the helmet, because 90 percent of us would still wear it most of the time," said Patty Rahn, 51, a Spring Arbor motorcyclist and an ABATE member.
"We all think that it should be freedom of choice."