Motorcycles and motorbikes are fun to ride. They are easy to maneuver in heavy traffic. They up your “cool” status. But they also are dangerous, especially when you are out on a busy road with other drivers who may or may not be paying attention to you or to the road. Therefore, Tennessee and other states have laws requiring motorcycle riders to wear helmets.
The law states that both motorcycle drivers and passengers, regardless of age, must wear helmets that meet the vehicle safety standards established by the federal and state governments. For example, motorcyclists’ helmets must contain airways larger than one and a half inches, and the helmets must contain official labels indicating they follow the safety standards. Failure to comply with this law is a misdemeanor offense in Tennessee, and results in a fine no more than $161 and no more than a month of jail time.
Not everybody approves of the law. A legislative battle over the law has been raging annually for years. This year’s round began in January, and the latest bill, a notion to repeal the law, has been proposed.
What the proponents of the new bill say
Proponents of the new bill assert that it gives motorcyclists a free choice; motorcyclists can freely choose to wear or not wear helmets. Proponents also assert that the new bill would increase tourism in Tennessee, thus economically affecting the counties. They believe that motorcycle events draw larger crowds and more tourists than NASCAR or other events.
Advocates for the bill acknowledge that bikers face more dangers than car drivers do; nevertheless, they argue that the new bill’s opponents use statistics about other states with helmet laws that “do not factor in an increase in sales” – sales increase could originate from giving riders a choice. Supporters of the new bill also assert that in some cases, motorcyclists do not benefit from wearing helmets; their helmets do not always protect them. They support this assertion with motorcycle-related death statistics. For example, in 2013, 58 percent of motorcyclists who perished in wrecks had helmets on, and 39 percent of motorcyclists who perished in wrecks did not have helmets on.
Opponents of the new bill weigh in
Opponents of the new bill have their own motorcycle wreck statistics. In 2015, 345 motorcyclists, older than 21 years of age, suffered injuries from motorcycle wrecks, and altogether their injuries cost two and a half million dollars. Fifty-one of the 345 motorcyclists had traumatic brain injuries, which cost $700,000. Opponents of the new bill imagine repealing the helmet law will cause the injury treatment cost to rise.
In addition, they find the increase of motorcycle deaths obvious and drastic if the helmet law is repealed. They assert that motorcycle deaths could rise by from 25 percent to 100 percent if the new bill becomes law. For example, in 2015, 125 people perished in motorcycle wrecks, and anywhere from thirty to 125 additional people potentially could die if this new law passes.
Tennessee’s number of motorcycle deaths is already higher than the nationwide average. Opponents of the new bill assert that repealing the motorcycle helmet law only worsens the problem, and they strongly oppose placing personal choice over public safety.
T.Scott Jones and his firm have been very professional and pleasant to work with. He is the best at what he does! Would highly recommend.
⭐⭐⭐⭐⭐ [Google Review]
Any news updates on this debate have yet to materialize. Only time will tell who emerges victorious in this battle when the dust settles. In the meantime, keep riding into the sunset. But if you are in an accident and injured as a result, you may have grounds for a legal claim. For more information, contact the Knoxville motorcycle accident attorneys at Banks & Jones. Call them at 865-546-2141. They proudly serve Knoxville and other areas of the Volunteer State.
T. Scott knows the importance of interacting with colleagues to stay abreast of developments and changes in the legal world. T. Scott frequently teaches CLE courses on trial strategy, teaching other lawyers his methods for success in the courtroom, and is certified as a Rule 31 Mediator in the Tennessee Supreme Court. He is a member of the Knoxville Bar Association, the Tennessee Bar Association, the National Trial Lawyers, and both the Tennessee and American Associations for Justice.
Read more about T.Scott Jones