A new Bill (SB 527) proposed by Michigan Senator Rebekah Warren (D-Ann Arbor) would strip Michigan motorcyclists of their right to choose whether or not to wear a crash helmet. Attorney Jason Waechter, The Motorcycle Lawyer, thinks bikers should be informed about this bill so they are able to voice their opinions on the issue.
Lansing, MI (PRWEB)
October 09, 2015
On September 29, Senate Bill 527 (SB 527) was introduced, according to the Michigan legislature's website.
The Bill, sponsored by Senator Rebekah Warren (D-Ann Arbor) has been
referred to the Committee on Transportation. The Bill would amend part
of the Michigan Vehicle Code (MCL 257.658) to require that all
motorcyclists and passengers wear a crash helmet when they are on their
bikes. “Basically, this takes away bikers’ right to choose,” says
Attorney Jason Waechter, The Motorcycle Lawyer. “It’s a complete about-face from the 2012 repeal of the mandatory helmet law.”
Back in 2012, the requirement for
motorcyclists in Michigan to wear a crash helmet was repealed with
certain conditions. In order to ride helmetless, bikers must: be 21
years of age or older; carry at least $20,000 in first-party medical
insurance; and have had a motorcycle endorsement for at least two years
or got their motorcycle endorsement by passing a Certified Rider Safety
Course. Passengers who ride without a helmet must also be over 21 years
old and must also be covered with at least $20,000 of first-party
medical insurance benefits.
“When the helmet repeal was signed,” explains
Waechter, “There were a number of reasons given. Perhaps the strongest
of these was that motorcyclists were asking for the freedom of choice.”
Another strong argument was that the majority of US states already had
helmet-optional laws in place, and Michigan would benefit financially by
drawing motorcycle tourists to the state.
Whatever the reasons for passing the law,
helmetless riding has not necessarily benefited motorcyclists injured in
a crash. “What we’ve seen since the helmet law was repealed,” says
Waechter, “is defense attorneys arguing that the injured motorcyclist
contributed to their own injuries, or the severity of them, by not
wearing a helmet.” Michigan has a comparative negligence law, which
means that if a jury agrees with a defense attorney blaming the injured
motorcyclist for their injuries or the severity of them, the jury
assigns a percentage of negligence to the case, and that percentage is
subtracted from the dollar amount awarded to the injured biker. If a
jury assigns more than 50% negligence, the biker gets no money damages
for their injuries.
This is not the first time that a reversal of
the 2012 helmet repeal law has been proposed; Senator Warren sponsored a
similar Bill in 2014 that did not pass the Committee on Transportation.
In addition to requiring motorcyclists and moped riders to wear crash
helmets approved by State Police, the Bill also specifies that people
riding a motorcycle, moped, or bicycle may only ride “upon and astride a
permanent and regular seat”. Also, motorcycle, moped, and bicycle
riders must not carry more people at any given time than their bike is
designed and equipped to carry.
“I feel the same way today that I did in 2012:
I think that freedom of choice is the right of all Americans, including
motorcyclists,” says Waechter. “That said, I think that bikers need to
weigh the pros and cons of helmetless riding and make an informed
choice. I also firmly believe that for the most part, vehicle driver
negligence is a much greater factor in motorcycle safety than whether or
not the biker chooses to wear a helmet. Better education of and
awareness by motor vehicle drivers should be the first priority when
talking about motorcycling safety,” he adds.
Waechter and his team strive to keep bikers
“in the know” about current issues that affect them across the country.
To join the discussion or get the latest news, follow The Motorcycle
Lawyer on Facebook or subscribe to his newsletter by contacting writer(at)lawyerforlife.com.
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Jason Waechter has spent two decades cementing his reputation for results. He is known as The Motorcycle Lawyer in the biker community, and is committed to helping motorcycle accident injury victims. Jason has fought tirelessly for accident injury victims and contributed significantly to safety education and motorcycle crash prevention. He has entrenched himself as one of the nation's premier lawyers. If you or a loved one has been injured in an accident, call 1-877-BIKER-LAW to speak with a lawyer who can help.
Jason Waechter has spent two decades cementing his reputation for results. He is known as The Motorcycle Lawyer in the biker community, and is committed to helping motorcycle accident injury victims. Jason has fought tirelessly for accident injury victims and contributed significantly to safety education and motorcycle crash prevention. He has entrenched himself as one of the nation's premier lawyers. If you or a loved one has been injured in an accident, call 1-877-BIKER-LAW to speak with a lawyer who can help.
