The Great Helmet Debate Continues………

Califonria Biker Motorcycle Lawyer Attorney Norman Gregory Fernandez

I have recently read newspaper articles, statistics from various governmental entities, and from other sources about motorcycle death rates increasing in States that revoked their mandatory helmet laws. I am not going to post all of the links here. If you search for helmet law debate on Google you will get tons of hits. Read to your hearts content.

This debate as far as I am concerned will never end, especially amongst bikers like me that grew up riding with no helmets.

I feel that the choice should be up to the individual biker. There are valid arguments for wearing helmets and not wearing helmets, but the law should give Americans the freedom of choice. That is my issue with helmet laws.

As I started doing motorcycle accident cases, and have had my own incidents of going down, I made the choice to wear a helmet for my own personal reasons. There is no doubt as to what happens when a human head hits the pavement; the pavement wins everytime. However, I must make an admission; I sometimes still ride with no helmet in States where it is legal, because I love the wind in my hair on the open road. My friends and brothers who have ridden with me on out of State rides know this to be true.

America is about Freedom; being a Biker is about Freedom. Freedom of choice is what makes America great. I say let us decide whether to wear helmets or not.

I know I will probably get many comments on this short article about the pros and cons of riding with helmets.

The purpose of this article is to make a point about personal freedoms, and to advocate the freedom of choice. Can you imagine some lunatic legislators enacting laws requiring Motorcyclist to wear seatbelts?

Where does government intrusion into our personal lives end if we do not stand up for ourselves and make a statement?

How do we make a statement that our government will listen to? Simple; write your congressmen, State legislators, and vote for candidates that advocate freedom.

The trouble with freedom is this; if you let it go, it is very hard to get back!

By Norman Gregory Fernandez, Esq. , © 2007

9 Responses to The Great Helmet Debate Continues………

  1. I have no problem giving people the freedom of choice on this one. What I do have a problem with is people not realizing that this puts them at an increased level of risk. And I also have a problem with people then not being willing to take responsibility for ‘their’ choices when/if something bad happens to them because of this increased level of risk.

  2. Norm: I agree with you and Ronn both. In Florida to ride without a helmet you must carry $100,000 Personal Injury protection. Speaking of losing our BIKER FREEDOM. You are not going to believe this. but this year at Bike Week the police were just not measuring the sound of your pipes. They were also pulling you over if you have ape hangers. In Florida your ape hangers are supposed to be eye level. This is a new low. It appears that Daytona Beach is doing EVERYTHING they can possibly do to keep Bike Week from being there. THe Daytona Police and police they bring in from all over the USA can think up new things to trump their “ACE”!!!!!!

  3. Norm: I can’t wait to see that article. I have not heard of anyone having their bike seized on a police officiers word…….yet. Heard many tales from people who went to Bike Week. I do not ever want to go again. Quite frankly, I do not think the citizens of Daytona want Bike Week there……just the people who have a business and make a lot of money during the two weeks.

  4. I agree it should be the riders choice. I live in Florida and ride my 1999 Vulcan 800 Classic with no helmet. I first started riding in 1978, and ae only had one accident, lost it on a curve on a dirt road and hit a ine tree at 55 mph. I was wearing a helmet. I was lucky that my injuries were no worse than a very bad bruise on my thigh where I hit the tree. I do wear a helmet in the states that require them, and on trips here in Florida where I know I will encounter alot of traffic. If I’m riding in the country, no helmet. I like the wind in my hair and face too.

  5. Today I was in Melbourne, Florida sitting in my cage and a nice Harley pulled up beside me. I was checking it out and noticed it had a license plate I had never seen. Florida has two for motorcycles… we have three. This licence plate had Florida on top, tag number in the middle in red letters. and the bottom said driver under 21. I rolled down my window and asked the young man about his tag. He informed me that two months ago Florida passed a new law that requires a driver of a motorcycle to wear a helmet. I never saw anything about this new law. The young man traded up for a new Harley at the local Harley Davidson dealership and he was not allowed to transfer his old tag because it did not have the under 21 years of age on it. This was news to me.

  6. Ronn you hit the nail right on the head. If you decide not to wear a helmet than you must fact the repercussions of not doing do.

    Life is a fatal illness.

    At least for me, I choose to wear a helmet because I know the risk’s. On rare occasions when I do not wear a helmet I understand the risk’s.

    Life itself is a series of choices.

    My real issue is government intrusion into our personal lives, which seems to be getting worse and worse. I am just waiting for them to ban knifes because we might accidentally cut ourselves!!

    The helmet issue should be up to each individual, not the government.


  7. You think this is bad, what to you see an upcoming article I am writing about Florida seizing motorcycles based upon a police officers word alone.

    It is getting bad out there. It looks like an all out war against motorcyclist and bikers!


    • Wonder why it is war and so many folks look at us like we belong in jail. You should see the TOYS that ABATE RIDERS bring every year for the Marine Reserves. TOYS FOR TOTS. Bikers are generous and will do poker runs and raise funds for anyone in need.
      We are slowly losing the rights that the Founding Fathers of this country set forth in the USA CONSTITUTION.
      We are not as free as we think we are!!

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