by Jason Martin

Created on: August 07, 2008

This represents a larger question of individual rights to choose. Should people be entitled to choose their own way of life and styles of living? This is basically what is at stake in this discussion of helmet laws. This issue is further complicated by the possible legal liability of another person who might be involved in an accident. In this sense, it is not an entirely personal choice.

No, there should not be any absolute laws that motorcyclists wear helmets. On the other hand, it should be clear that the rider who choses not to wear a helmet is taking the liability for any accident upon himself by his choice. Motorcycle accidents are serious no matter what the rider is or is not wearing. Rather than legislate that the riders be insulated from the accident, I feel that it is the rider's perogative to choose and accept the liability if they like. Some would argue that helmets are a danger in themselves by negatively effecting the rider's hearing a vision. Other groups would suggest the danger is from drivers who do not afford motorcycles the space and respect of being another vehicle. Cyclists are often cut-off by drivers and seldom given the right of way, even when they are legally entitled.

The freedom of choice should not be infringed on in this area (or many other areas) of society) where it is a personal choice to protect or not protect one's cranium. The same should apply to bicycles, personal watercraft and other toys. If however, the rider is involved in an accident and severe injury results, he must understand that he chose not to take the protection. While helmets only protect a small part of the body, it must be understood that riding is a dangerous mode of transportation in any case. Even wearing a helmet, riders are subject to severe neck injury if thrown off their vehicle. If the rider chooses not to take the protection, then he must accept the liability for the results, even if he is not responsible for the accident. The rider chose to make himself more vulnerable to injury.

What if the rider is involved in an accident where he is not at fault? That is where the legal system will have to sort out the effects of not wearing a helmet. Would the rider have been less injured with a helmet? Certainly, not an exact science.

The laws of Natural Selection will prevail in the long run anyway. A few less bikers will hardly be noticed.

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