Wearing a motorcycle helmet is optional for most motorcyclists in Kentucky. It’s mandatory if you want the greatest chances of riding home alive at the end of the day. One 66-year-old Florida attorney famous for changing state law to allow helmetless riders rode without one himself, and it probably cost him his life. He and his passenger died in an accident in October.
Ron Smith Didn’t Like Being Told What to Do
Ron Smith took up the cause of ending Florida’s mandatory helmet law after he defended a client for being ticketed because he rode without one. Smith didn’t like being told what he should do, and he valued his independence, said an acquaintance. He thought everyone should make their own choices, reports the Tampa Bay Times.
In 1996 he took on that case, and an appeals court found the state’s helmet law was constitutional, but the Florida Department of Highway Safety and Motor Vehicles failed to publish a list of protective equipment as required by law. Smith joined a group of motorcyclists who lobbied to change the law.
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The Freedom to Have Your Head Cracked Open Like a Watermelon
It was amended in 2000 and reads like Kentucky’s helmet law, including the facts motorcyclists older than 21 can ride without head protection if they have at least $10,000 in insurance coverage for accident injuries. Kentucky law requires helmet use when the rider is younger than 21, has a motorcycle instruction permit, or a motorcycle license for less than a year.
Kentucky’s mandatory helmet law was repealed in 1998, and the impact was unmistakable, according to the National Highway Transportation Safety Administration. The percentage of riders using helmets dropped by 40% from 1997 to 2001, the number of motorcyclists killed increased by 50% from 1996 to 2000, and during those years, the number of people injured in motorcycle accidents went from 711 to 951.
Florida saw similar changes after their law was amended, according to the newspaper:
- The motorcycle accident death rate increased by 25%
- The number of motorcyclists admitted to hospitals due to head injuries increased by 82% in the 30 months after the law changed
No matter what you think about freedom or how people should make choices, there’s no denying wearing a helmet is a safer option:
- In states without mandatory helmet-use laws, 57% of motorcyclists killed in 2020 accidents were not wearing a helmet, while 11% of motorcyclists in states with helmet laws, wearing helmets, died in crashes
- Helmets decrease the risk of death for motorcyclists by 37%
- Helmets are about 41% effective for motorcycle passengers, so for every 100 motorcyclist deaths, 41 would’ve been prevented if the riders wore helmets
It’s simple physics. A head covered by a motorcycle helmet is less likely to suffer a lethal injury. Pavement, vehicles, cement, and other hard objects at an accident scene have an easier time cracking, splitting, and smashing skulls without helmets. Your head can hit the pavement with or without a helmet. Which would you prefer?
Ron Smith’s Journey Ends
Smith and a group of riders were on their way to a funeral when he and his passenger, Brenda Jeanan Volpe, were killed. Smith lost control as he tried to slow down approaching an intersection with another road. His motorcycle started spinning, colliding with a trailer in another lane.
Smith’s autopsy report lists his cause of death as blunt head trauma. The Hillsborough Medical Examiner’s Office lists Volpe’s cause of death as head trauma. We’ll never know if helmets would’ve saved their lives, but the outcome couldn’t have been any worse.
No Helmet? Maybe No Insurance Claim or Lawsuit, Either
If you suffer head trauma and survive a crash, if another party’s at fault, you may be able to seek compensation from them. But the problem will be Kentucky’s comparative negligence law. Part of the process will be to determine how much your negligence caused your injuries. That amount would be deducted from what your recovery would’ve been if you made no mistakes.
Not wearing a helmet could make pursuing a claim not worth the effort. Even if you prove the other party caused the accident, you may not be awarded any damages if a helmet could’ve prevented the harm.
The same could be said of a wrongful death action if you are killed in an accident caused by another party. If you die of head trauma suffered while you weren’t using a helmet, your family probably wouldn’t have a case either.
Get the Legal Help You Need in Kentucky
If you or a family member are involved in a motorcycle accident in Kentucky, we can help. Call the Fleck Firm at (270) 446-7000 or contact us online to schedule a free consultation. We’ll talk about the accident, your injuries, how the law may apply, and your best options to proceed. Insurance companies have lawyers. You should have one too.
