South Florida Injury Attorney Blog

The National Highway Traffic Safety Administration recently put out an interesting study on motorcycle helmet use in the United States. The NHTSA's job is to track traffic accidents and promote safety for everyone on our roads -- drivers, riders, bicyclists and pedestrians. Rightly or wrongly, that includes studying and promoting the use of motorcycle helmets. In this study (PDF), it used statistics to predict a slight increase in helmet use across the United States in 2008.

Specifically, the study predicted that 63% of riders across the country would use helmets in 2008, up from 58% in 2007. That rate includes only the use of helmets marked as compliant with the standards of the U.S. Department of Transportation. Another 11% of riders used non-DoT compliant helmets, and the remaining 26% went unhelmeted. Not surprisingly, it found that helmet use was higher in states with a mandatory helmet law for all riders and passengers, although not universal -- only 74% of motorcyclists in those states used DoT-compliant helmets. In states without a universal helmet law, only 42% of riders used helmets.

Among the study's other findings:
• National helmet use hit a high in 2000 and dropped afterward (possibly after several states dropped their helmet laws), but is climbing slowly.
• At 71%, helmet use is most likely in the West and lowest in the Northeast, at just 45%. The South, which includes Florida, had a helmet-use rate of 61%.
• People living in suburbs were less likely (59%) to use helmets than people in urban areas (72%) or rural areas (64%).
• People who ride in rush-hour traffic and on weekdays are more likely (71%) to wear helmets than folks who ride on the weekends (54%).
• Riders are more likely to use helmets when the weather is wet (84%), when they're on an expressway (75%), in moderately dense traffic (86%) and at fast speeds (72%).
• Motorcycle operators are more likely to use a helmet than their passengers, but one using a helmet makes it more likely that the other will too.

Motorcycle helmet use is a touchy subject in Florida. Since riding without a helmet was legalized again in 2000, riders and drivers alike have debated whether helmets are safe, effective or an unreasonable limitation on riders' freedom. I believe this is a decision that we all have to make for ourselves -- and as a Florida motorcycle crash attorney, I certainly feel that riders should not be penalized after an accident for exercising their right to ride helmet-free. Unfortunately, insurance companies often do use a rider's lack of helmet as an excuse to deny or substantially reduce a payment on a perfectly legitimate claim. If this has happened to you, you don't have to put up with it. Contact my firm, Cohn, Smith & Cohn, to talk to me about your rights and your options at a free consultation.