The Retort

Helmet Laws: Infringement, or in Montana’s Best Interests?

February 19th, 2010 by Stephanie Miezerski Of The Retort Staff

The road stretches out like a great, dusty serpent, cutting through the landscape in a vast stretch of independence that Derek Viera finds exhilarating. Out here, it is just him, his bike, and his freedom.

Crouched low over the Kawasaki Ninja 250R street bike, Viera, 23, enjoys the wind running through his closely cropped hair, and does not appreciate the attempts of other’s to cover it with a helmet.

“When you ride, you have this feeling of total control, total freedom. Forcing people to wear helmets defeats that feeling,” Viera said. “It’s not just a safety thing, it’s about having the right to make the decision for yourself.”

Only 20 states require the use of helmets for all motorcycle operators and passengers. Montana is one of the 28 that only require those under a certain age, usually 18, to wear a helmet, and the remaining two states have no restrictions on helmet use.

After 11 years as a Montana Highway Patrol Trooper, Buck O’Neil regards the use of helmets in a different light.

“The more protection the better,” O’Neil said. “I have seen many motorcycle crashes. If you are travelling 70 mph down the highway, then hit the pavement with no helmet, you’re done.”

According to a 2008 study by the National Highway Traffic Safety Administration, the use of a helmet reduces the likelihood of a motorcycle crash fatality by 37 percent.

The study went on to say that, from 1984 to 2006, helmets saved the lives of 19,230 motorcyclists, and that 12, 320 additional lives could have been saved if all motorcycle operators and passengers had worn helmets.

Such statistics do little to assuage the anger of motorcycle riders such as Viera. He believes that the implementation of laws and restrictions like the mandatory use of helmets will only make it easier for the state legislature to start stripping Montana residents of more of their freedoms.

“The beauty of living in Montana is that it’s freer than other places,” said Viera. “Losing this right is a step in the wrong direction.”

Yet, not all riders are so certain of the negative impact of helmet laws. O’Neil, an avid motorcycle rider himself, will not get on his bike without the proper protective gear.

“I have seen the road rash these guys get on their entire bodies,” he said. “It’s terrible”.

O’Neil has been on scene for countless crashes over the years, and has borne witness to the life-saving defense a helmet provides.

“If you crash with a helmet, you may get some broken bones, but you can survive it,” he said.

In California, after universal helmet laws were implemented, the NHTSA reported a 37 percent reduction in motorcycle related deaths. Oregon showed a 33 percent decline after the passing of such laws.

Opponents of helmet laws view the danger as part of the decision to operate a motorcycle, or any vehicle.

“There are risks when you’re on the highway, no matter what kind of vehicle you’re in,” said Viera. “Are we going to wear helmets while driving cars, too?”

O’Neil broaches the subject of other safety laws. He points out that seatbelt laws are not yet a primary offense, meaning you must be pulled over for another reason before you can be given a ticket for not wearing a seatbelt.

“Montana is a big personal rights state, and it is tough to convince people that it’s in their best interest to give up one of their liberties,” he said.

Though helmets offer protection, opponents of the laws argue that they in turn impair the ability of the motorcycle operator to see clearly.

“You lose your peripheral vision, and it’s harder to judge traffic,” said Viera.

Should a device implemented to save lives subsequently be the cause of more accidents? O’Neil does not feel that has to be the case. He describes his own helmet as a skull cap that fits over the top and back of your head.

“You can see perfectly, and still use your peripheral,” he said.

Last year there were 36 motorcycle fatalities in Montana, when other vehicular deaths were down 20 percent. Yellowstone County saw more deadly motorcycle crashes in June and July of this year than the past three years combined. These trends have not gone unnoticed, but proponents and opponents of enforcing helmet laws each have their own answers to the rise in deadly crashes.

Those who stand against enforcing helmet laws believe that motorcycle use has increased due to the higher price of gas, which means more inexperienced riders are on the road. They also believe that other drivers need to be better educated and more conscious about sharing the road with motorcycles.

“It’s much harder to see a cycle when you’re in a car, and most people see right through them,” said Viera.

For those who support the laws, the greatest tragedy of motorcycle fatalities lies in what they envision as a preventable loss of life.

“I know guys who have taken a spill on their bikes wearing a helmet,” said O’Neil. “They may smack their head, and have a headache, but at least their skull isn’t cracked.”

Residents of Montana take pride in their state being one of the freest in the nation. Yet, the debate over mandatory helmet laws continues to draw a line between the sanctity of personal liberties, and the responsibility to uphold public safety.