Missouri Helmet Law Update

[Cowracer]

yesterday the Missouri House passed SCS SB202. That means the bill passed both in the senate and house. Its on to the Governor to sign, next.

The bill provides for 2 things...

#1 it keeps anyone (i.e. insurance companies) from laying blame on anyone just because they were operating a motorcycle in a legal fashion when involved in an accident, and

#2 it exempts riders over 21 from the mandatory helmet requirement on all roads except interstate highways.

Tim

 

[trotorx2]

Sounds like a good bill but why did they exempt interstate highways?

 

[FLSTFI Dave]

Sounds like a good bill but why did they exempt interstate highways?

I wonder that too.

 

[Rttoys]

:idea: Hhhmmmm that's wierd.

 

[Rttoys]

Ohhh, I got it.....

See, if you are doing 70mph on a back road and crash, you are less likely to hurt your head than if you were doing 70mph on an interstate and crash. :thumbsup: That's it......where's my prize. ):h

 

[Cowracer]

my guess is to not screw up the federal hiway funds...

Interstates are the only roads the Feds have dominion over.

tim

 

[FLSTFI Dave]

my guess is to not screw up the federal hiway funds...

Interstates are the only roads the Feds have dominion over.

tim

I am pretty sure other states like TX, KY, OH, FL and so on with no lid law still get federal hwy funds

 

[Rttoys]

TX has a helmet law but cops very very very VERY rarely enforce it and there is also a way to get a waiver that will make you exempt from wearing one.

 

[FLSTFI Dave]

TX has a helmet law but cops very very very VERY rarely enforce it and there is also a way to get a waiver that will make you exempt from wearing one.

TX has a very limited helmet law, it is legal to ride with out a helmet if you have completed a motorcycle safety course or you have 10K in medical insurance. You also have to be over 21.

http://www.txdps.state.tx.us/msb/helmet.htm

Effective September 1, 1997, persons at least 21 years old are exempt from wearing a motorcycle helmet if they:

have successfully completed a motorcycle safety course, or
are covered by a health insurance plan providing the person with at least $10,000 in medical benefits for injuries incurred as a result of an accident while operating or riding upon a motorcycle.

Motorcycle Safety Course. The Basic and Advanced Motorcycle Operator Training Courses meet the helmet exemption requirement. The Advanced Motorcycle Operator Training Course is recommended for experienced licensed motorcyclists.



Health Insurance Plan. Defined as " . . . an individual, group, blanket, or franchise insurance policy, insurance agreement, group hospital services contract, health maintenance organization membership, or employee benefit plan that provides benefits for health care services or for medical or surgical expenses incurred as a result of an accident."

 

[DieselCash]

Maybe just me but, why would you not want to wear a helmet?

When I crashed my last motorcycle I was only doing 40 mph and my head smacked the ground twice before I stopped sliding down the road.

 

[FLSTFI Dave]

Maybe just me but, why would you not want to wear a helmet?

When I crashed my last motorcycle I was only doing 40 mph and my head smacked the ground twice before I stopped sliding down the road.

The ride is much more enjoyable with out a lid

 

[Cowracer]

Maybe just me but, why would you not want to wear a helmet?

When I crashed my last motorcycle I was only doing 40 mph and my head smacked the ground twice before I stopped sliding down the road.

Wearing a helmet does not mean you are indestructable. A helmet will only play a factor in roughly 40% of the accidents. Meaning, if you wreck, 60% of the time it makes NO difference whether you have a lid on or not. Most of the time you are just as dead either way.

If you ride your bike at any speed above 20 MPH, and fall and slam your head into a solid object such as a parked car or a road sign, you will die. Helmet or no.

I enjoy not wearing a helmet, and I understand that some do not. I would never ever advocate anyone to NOT wear a helmet if they choose to, but I would like the same choice, and not a mandate from the goverment.

I resent the arguements that some safety Nazis have in implying that I will unconditionally die if I dont wear a helmet. I have many thousands of unhelmented miles under my belt, and have yet to die because of it.

Tim

 

[DEERE3594]

I wish they would eliminate seat belt laws and let that be our choice..

 

[cgreen]

If you you choose to ride without a helmet or with a skull cap, make sure you have enough insurance to cover any injuries you may occur in a crash. My brother-in-law was riding to work last year and a girl pulled out in front of him in a small car. He was wearing a skull cap and it crushed upon impact fracturing his skull in 4 places. He was in critical condition for several days in the ICU and racked up around 100k in medical bills. Girls insurance was the minimum to stay legal and ran out long before all bills got paid. Meaning he got nothing for pain and suffering and had to pay his own medical bills resulting from the crash. Girl has nothing to sue for since she herself has a brain tumor and all her money is going to her medical bills. If he would have had a good helmet on, he would have walked away or had a mild concussion at the most. Only other injury was abrasions. He was decided to never ride again since the heartache his family had to go through was tremendous not knowing if he was going to live or not.

 

[Cougar281]

If you you choose to ride without a helmet or with a skull cap, make sure you have enough insurance to cover any injuries you may occur in a crash. My brother-in-law was riding to work last year and a girl pulled out in front of him in a small car. He was wearing a skull cap and it crushed upon impact fracturing his skull in 4 places. He was in critical condition for several days in the ICU and racked up around 100k in medical bills. Girls insurance was the minimum to stay legal and ran out long before all bills got paid. Meaning he got nothing for pain and suffering and had to pay his own medical bills resulting from the crash. Girl has nothing to sue for since she herself has a brain tumor and all her money is going to her medical bills. If he would have had a good helmet on, he would have walked away or had a mild concussion at the most. Only other injury was abrasions. He was decided to never ride again since the heartache his family had to go through was tremendous not knowing if he was going to live or not.

Sounds like he recovered, which is a good thing, but unfortunately, his case is the exception, rather than the rule. As Cowracer said, helmets are a factor in less than half the time. When I was a volunteer firefighter, I saw quite a few wrecks that involved motorcycles, and not one rider survived out of those I saw (this was in New York, and as such, where all wearing helmets).

Having said that, I don't think anyone should be required to wear or not wear a helmet. It should be THEIR CHOICE. Same with seatbelts, IMO.

 

[Cowracer]

If you you choose to ride without a helmet or with a skull cap, make sure you have enough insurance to cover any injuries you may occur in a crash. My brother-in-law was riding to work last year and a girl pulled out in front of him in a small car. He was wearing a skull cap and it crushed upon impact fracturing his skull in 4 places. He was in critical condition for several days in the ICU and racked up around 100k in medical bills. Girls insurance was the minimum to stay legal and ran out long before all bills got paid. Meaning he got nothing for pain and suffering and had to pay his own medical bills resulting from the crash. Girl has nothing to sue for since she herself has a brain tumor and all her money is going to her medical bills. If he would have had a good helmet on, he would have walked away or had a mild concussion at the most. Only other injury was abrasions. He was decided to never ride again since the heartache his family had to go through was tremendous not knowing if he was going to live or not.

Speculation on your part, sir. Its just as possible that the forces of the heavy helmet whipping around could have broke his neck and left him a cripple.

I refuse to allow people to argue that someone would have "walked away" from an accident if they only had worn a helmet. There are many more who wreck and die wearing the top of the line safety gear than are saved by it.

Also, why is everyone so worked up over what helps you 'survive' an accident and nobody gives a shit about helping you to avoid them in the first place? The newspapers here in Missouri are going nuts on the Op-Ed pages predicting wanton bloodshed and carnage if the helmet law is repealed, and not one single one of them has mentioned even a word about distracted automobile drivers who cause the most of the wrecks in the first place.

Near as I can figure its not about safety at all, its about control. If the safety crowd were that serious about saving lives, they would spend more time pushing rider and driver education, rather than pushing for helmet laws. But, if a biker goes by Aunt Myrtle (who has never even touched a motorcycle in her life) sans helmet, her first reaction is "they shouldn't allow that" because all her life she heard the fairy tale about how dangerous those damn Murder-cycles are.

It really gets up my ass that my actions are being restricted by people who, at best, have no interest in my actions, and at worst, are mis-informed and uneducated.

Tim

 

[Rttoys]

not one single one of them has mentioned even a word about distracted automobile drivers who cause the most of the wrecks in the first place.

You hit the nail on the head right there. :iagree: Let's focus on the dumbasses that can't pay attension to the ****'n road!!!! :mad2: I don't know how many times I've have to goose it, slow down, straddle two lanes and even ride the sholder because some dipshit in a cage can't "see" me.....hell they should be able to at least hear me. My dead grandparents can hear my Ducati, I garrentee it. :rolleyes5: Penalties should be much more harsh for taking out a biker. good reason to join the AMA, at least someone is there to help fight. :thumbsup:

Now, I am a believer in helmets (all riding gear for that matter) and I wear my full faced DOT/Snell approved helmet every time I sling a leg over, BUT that's me. I'm not you and I don't make your decisions, I make mine. If you don't want to wear one, it's your choise, not mine. I had a slow speed high side a while back and my head hit square on a curb. Helmet was cracked, I shook it off and rode home. Now, without a helmet what would of happened?? Don't know, but I'm sure it would of involved at the least a really really BIG headache. The only ache or pain I had was the bill to buy new farings for my Triumph. :sad:

Just like seat belts, air bags and everything else safety related, they work well under some/most circumstances and can harm you in others. It all 6 and one half dozen to the other.

 

[cgreen]

Speculation on your part, sir. Its just as possible that the forces of the heavy helmet whipping around could have broke his neck and left him a cripple.

I refuse to allow people to argue that someone would have "walked away" from an accident if they only had worn a helmet. There are many more who wreck and die wearing the top of the line safety gear than are saved by it.

Also, why is everyone so worked up over what helps you 'survive' an accident and nobody gives a shit about helping you to avoid them in the first place? The newspapers here in Missouri are going nuts on the Op-Ed pages predicting wanton bloodshed and carnage if the helmet law is repealed, and not one single one of them has mentioned even a word about distracted automobile drivers who cause the most of the wrecks in the first place.

Near as I can figure its not about safety at all, its about control. If the safety crowd were that serious about saving lives, they would spend more time pushing rider and driver education, rather than pushing for helmet laws. But, if a biker goes by Aunt Myrtle (who has never even touched a motorcycle in her life) sans helmet, her first reaction is "they shouldn't allow that" because all her life she heard the fairy tale about how dangerous those damn Murder-cycles are.

It really gets up my ass that my actions are being restricted by people who, at best, have no interest in my actions, and at worst, are mis-informed and uneducated.

Tim

Well Tim, we will never know what would have happened for sure if he had been wearing a good helmet, but based on the exact impact of how he hit I would bet money that he would have had a mild concussion at the most. He basically whiplashed his head into the pavement as he flipped over andlanded on his back with head slamming into pavement back. See I knew the details of the crash and you didn't so it is you who is ill-informed and jumped to the illogical conclusion without the proper facts, instead of the othe way around, imagine that. Tell you what Tim go outside and fall backwards onto concrete using no hands to break your fall without a helmet and record it. I will do the same with a helmet on. Is it a deal? we will see who comes out with the least injuries. Seriously if you are so confident in your "theory" you should jump at this chance to prove your point, ok.

In all seriousness, most motorcycles crashes would have killed the rider with or without a helmet, I wasn't arguing that but you just wanted to argue, so you set off on your diatribe without fully comprehending what i said in full. Don't wear a helmet, I don't care, it's you life, I just posted what i did as a cautionary tale but you took it the wrong way and chose to try insult me. I don't know what is wrong with you these days, you used to post logical things with reason behind them, but now your Bush derangement syndrome has set in your brain and is clouding your thought process in every facet, evn thngs that don't deal with politics. Maybe you need meds, I don't know, but I really wish you would go back to your old self, as it is much more fun to read posts from people who haven't gone off their rocker. (well most of the time) ):h

 

[Cowracer]

, I just posted what i did as a cautionary tale but you took it the wrong way and chose to try insult me. I don't know what is wrong with you these days, you used to post logical things with reason behind them, but now your Bush derangement syndrome has set in your brain and is clouding your thought process in every facet, evn thngs that don't deal with politics. Maybe you need meds, I don't know, but I really wish you would go back to your old self, as it is much more fun to read posts from people who haven't gone off their rocker. (well most of the time) ):h

Dude, where in the hell did I insult you? Was it when I called you "sir"?

My arguement was logical. One of the problems with the helmet law supporters is they portray helmets as a foolproof guaranteed way to live through a motorcycle accident. We, as a people, need to understand that any time you straddle a bike, you run the risk of serious injury or death, and making blanket statements like "if he was wearing a helmet, he would have been OK" helps reinforce the myth that a helmet makes your head bulletproof.

Same as bicycle helmets on kids. You would not belive the number of parents near me that think that just because they helmet little johnny, they are absolved of any duties as parent to watch over their kids. I see little kids out in traffic all the time. elbow pads, helmets and not a single adult watching.

You might be right, and your B-I-L would have walked away unscathed. But I might have been right too, we will never know. I admit that in a sizeable number of accidents some people would fare much better with proper protective equipment. But in the majority of accidents, the helmet makes no difference at all, other than open or closed casket

Tim

 

[FLSTFI Dave]

Also, why is everyone so worked up over what helps you 'survive' an accident and nobody gives a shit about helping you to avoid them in the first place? The newspapers here in Missouri are going nuts on the Op-Ed pages predicting wanton bloodshed and carnage if the helmet law is repealed, and not one single one of them has mentioned even a word about distracted automobile drivers who cause the most of the wrecks in the first place.
Near as I can figure its not about safety at all, its about control. If the safety crowd were that serious about saving lives, they would spend more time pushing rider and driver education, rather than pushing for helmet laws. But, if a biker goes by Aunt Myrtle (who has never even touched a motorcycle in her life) sans helmet, her first reaction is "they shouldn't allow that" because all her life she heard the fairy tale about how dangerous those damn Murder-cycles are.

It really gets up my ass that my actions are being restricted by people who, at best, have no interest in my actions, and at worst, are mis-informed and uneducated.

Tim

You are right, there is no push to educate Car Drivers that their are motorcycles on our roads. Also distracted drivers in cars on phones and such lead up to many of our motorcycle crashes. Sad thing is the police and courts do not give out any real punishment to those who kill a motorcycleist.

Case and point, a car driver ramed from the rear a road king stoped at a traffic light at the intersection of US129 and 321 in Maryville last fall. Killing the rider and his passager. Car driver was ticked for failure to stop.

Same intersection this spring a van rammed a small car stopped at the same light. This time a 2 year old boy was killed in the car, and his mom severly injured. Van driver as cited with, failure to stop, recless driving, negligent homiside...

Just showes it's ok to kill bikers with your car, but not real people in cars....:mad2:

You hit the nail on the head right there. :iagree: Let's focus on the dumbasses that can't pay attension to the ****'n road!!!! :mad2: I don't know how many times I've have to goose it, slow down, straddle two lanes and even ride the sholder because some dipshit in a cage can't "see" me.....hell they should be able to at least hear me. My dead grandparents can hear my Ducati, I garrentee it. :rolleyes5: Penalties should be much more harsh for taking out a biker. good reason to join the AMA, at least someone is there to help fight. :thumbsup:

Now, I am a believer in helmets (all riding gear for that matter) and I wear my full faced DOT/Snell approved helmet every time I sling a leg over, BUT that's me. I'm not you and I don't make your decisions, I make mine. If you don't want to wear one, it's your choise, not mine. I had a slow speed high side a while back and my head hit square on a curb. Helmet was cracked, I shook it off and rode home. Now, without a helmet what would of happened?? Don't know, but I'm sure it would of involved at the least a really really BIG headache. The only ache or pain I had was the bill to buy new farings for my Triumph. :sad:

Just like seat belts, air bags and everything else safety related, they work well under some/most circumstances and can harm you in others. It all 6 and one half dozen to the other.

Sad thing is I see time and time again, hitting or killing a biker gets you much less penalty than hitting a car....