MOTORCYCLE ACCIDENTS #2 IN A SERIES OF ➄ -- WEARING A HELMET CAN SAVE YOUR LIFE AND PREVENT SERIOUS INJURY, SUCH AS BRAIN DAMAGE, OR EVEN DEATH

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Injury Attorney)

A: In 1967, the U.S. began requiring states to pass enact motorcycle helmet laws in order to be approved for federal transportation monies. By the end of 1969, 40 states had passed helmet use laws. By 1975, all but three states required motorcycle riders to wear helmets.

In 1976 a fight broke out between the states and the federal government. As the U.S. Department of Transportation tried to levy monetary penalties against states with helmet laws, the states were able to persuade Congress to remove the D.O.T.'s power to assess fines against any state for not passing a helmet law. Between the years 1976 and 1978, 20 states watered down their helmet use laws by making them apply to younger riders only, usually under age 18. Eight states entirely cancelled their helmet use laws.

In the 1980s and early 1990s, several states reenacted helmet laws that applied to all riders. In 1991, the federal Intermodal Surface Transportation Efficiency Act granted financial incentives to states that passed laws requiring motorcycle helmet and automobile safety belt use.

Four years after enacting these financial incentives, the U.S. Congress again reversed itself. Come 1995, it removed penalties against states without helmet use laws, once again giving a green light to states that had no helmet use laws or even those that repealed their existing helmet laws.

1997: Texas and Arkansas weakened their helmet laws to apply only to young riders.

1998: Kentucky weakened its helmet law .

1999: Louisiana weakened its helmet law but reversed itself in 2004 to require all riders to wear a helmet.

2000: Florida exempted adult motorcyclist and moped riders from wearing helmets provided they carry medical insurance of $10,000.

2003: Pennsylvania waived a helmet requirement for motorcyclists over age 21, that either have held a license for at least 2 years or have passed an approved motorcycle rider education course.

Now 20 states and the District of Columbia have full helmet laws, and 26 states have laws covering some riders, usually people younger than 18. Colorado, Illinois, Iowa, and New Hampshire do not have helmet laws.

A: Studies show that compliance is near 100% when riders are forced to wear motorcycle helmets. When the helmet law doesn't apply to the rider, only about 50% of riders not required by law to wear helmets wear them.

According to the NHTSA, in 2007, 63% of fatally injured motorcycle riders were not wearing a helmet in states not requiring all riders to wear helmets, versus only 14% in states requiring all riders to wear helmets.