Lawmakers debate helmets: Safety vs. 'air in the hair'
BY NANCY HICKS / Lincoln Journal Star
Nebraskans licensing their motorcycles would have to prove they have health insurance to cover $1 million in medical bills under an amendment attached to a helmet repeal bill Monday.
Cost of care is a major concern of senators opposed to repealing the law, said Sen. Kent Rogert of Tekamah, sponsor of a bill that would make helmets optional for those 21 and older.
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“In my opinion, if you are riding without a helmet, then you are a burden to the state,” Rogert said. Simply break a leg, he added, and hospital costs mount up.
The group of cyclists supporting the repeal of the helmet law is split on the insurance requirement, Rogert said.
But a bare-bones, accident-only policy would cost no more than $40 a month, he said.
The insurance requirement was the only major change made Monday on the bill (LB235) that would end Nebraska’s requirement all motorcyclists and passengers wear approved helmets.
Senators traded statistics and philosophy for more than three hours Monday afternoon, with more than 100 bikers and friends watching from the balcony overlooking the Legislative Chamber.
Debate will continue Tuesday, and senators are expected to take a vote on first-round approval.
The proposal would allow those 21 and over who have a license on Jan. 1, 2009, to ride without a helmet. New riders 21 and older could forgo the helmet if they pass a state-approved safety course.
All riders under 21 would still be required to wear a helmet.
Leaders on both sides of the issue seemed to agree on one thing Monday: Wearing a helmet saves lives.
“Helmets save lives. Helmets mitigate injuries,” said Sen. Joel Johnson, a retired Kearney doctor and leader of the group of senators against repealing the law.
Rogert agreed. But that isn’t the point, he said. Repealing the law is an economic-development move that would bring more riders through Nebraska.
And it’s an issue of personal freedom, he and others said.
“Let those who ride decide,” said Lincoln Sen. Danielle Nantkes. “There are a lot of places I don’t want to see government involved in private lives.”
Omaha Sen. Tom White pointed to a number of behaviors that are dangerous or increase health care costs. Eating beef can lead to cardiovascular disease; bad diets can lead to obesity. And there’s danger in riding bicycles, skateboards or horses. Danger in skiing or parachuting.
“The proper role of government is to protect people from other people, and from corporations and from unknown risks or risks we cannot control. When government steps in and tells individuals they cannot engage in activities that cause no harm to others — because we know better — I believe we are on exceptionally thin ice,” he said.
Dangerous activities, he said, can “cause us to savor the chance to wake up in the morning.”
But Omaha Sen. Steve Lathrop said the helmet law “is a public health issue.”
Without helmets, “you know you are going to have more injuries and more deaths,” he said.
Much of the cost will be borne by government and thus taxpayers, he noted.
That equals about $1 million in costs for a serious injury and $200,000 a year for nursing home care for someone incapacitated by a brain injury, senators said.
That’s the cost of “air in the hair,” said Omaha Sen. Lowen Kruse, a helmet supporter.
Personal freedom is never absolute, said Lincoln Sen. Bill Avery. It needs to be balanced against the public good, he said.
And in this case, he said, the public interest — holding down insurance and health care costs — are more important.
Reach Nancy Hicks at 473-7250 or nhicks@journalstar.com.

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Brian wrote on January 14, 2008 11:36 am:
CM wrote on January 14, 2008 11:39 am:
RStuart wrote on January 14, 2008 11:44 am:
Fellow Rider wrote on January 14, 2008 11:58 am:
Nina wrote on January 14, 2008 6:07 pm:
Matt wrote on January 14, 2008 6:33 pm:
ARJ190 wrote on January 14, 2008 6:38 pm:
whatever wrote on January 14, 2008 6:45 pm:
ScottF wrote on January 14, 2008 7:20 pm:
rob g wrote on January 14, 2008 8:04 pm:
Rider wrote on January 14, 2008 8:10 pm:
ride free wrote on January 14, 2008 8:41 pm:
organ donor wrote on January 14, 2008 8:59 pm:
Rate Hike wrote on January 14, 2008 9:00 pm:
motorcyclist wrote on January 14, 2008 9:02 pm:
Matt wrote on January 14, 2008 9:45 pm:
CS wrote on January 14, 2008 10:06 pm:
Apples/Oranges wrote on January 14, 2008 10:17 pm:
Blue Knight wrote on January 15, 2008 12:29 am:
and.... wrote on January 15, 2008 12:45 am:
a) mandatory insurance
b) mandatory organ donation
c) mandatory IQ test
d) mandatory review of driving record with rejection of your motorcycle license coming with more than 6 points in a 4 year period
e) mandatory leather to protect everything else so when there's nothing left of the melon at least they can harvest other tissue. "
Jack Brass wrote on January 15, 2008 2:07 am:
Either repeal the seat belt laws in the same bill or shut up.
Helmet laws protect taxpayers from paying for the motorcycle crowds urge to risk their own necks on the pocketbooks of the citizenry at large. Period. "
Justin wrote on January 15, 2008 4:15 am:
Hammer wrote on January 15, 2008 5:52 am:
Get rid of the HELMET LAW !!!!!!!! "
Matt wrote on January 15, 2008 6:27 am:
GJ wrote on January 15, 2008 6:38 am:
mark wrote on January 15, 2008 7:03 am:
Jen wrote on January 15, 2008 7:11 am:
I ride wrote on January 15, 2008 7:12 am:
jb wrote on January 15, 2008 7:21 am:
Another Rider wrote on January 15, 2008 7:34 am:
Shadow wrote on January 15, 2008 7:54 am:
if they are seriously going to try and make the insurance bit happen then they should just forget it altogether once again and we will go again next year. I will promise this, this will not stop until the politicians get out of the way and quit trying to exert totalitarian control over everything. "
HPG wrote on January 15, 2008 8:06 am:
One final thought, if helmets provide no protection why do all the stunt riders wear them? "
dave fett wrote on January 15, 2008 8:24 am:
Grundle wrote on January 15, 2008 8:33 am:
Big Chief wrote on January 15, 2008 8:53 am:
I will continue wearing a helmet 99.99% of the time even if LB253 passes but Amendment #1547 may force me to register my motorcycle in another state. "
inconsistent wrote on January 15, 2008 9:38 am:
riskybehavior wrote on January 15, 2008 9:44 am:
To Big Chief: wrote on January 15, 2008 9:44 am:
Matt wrote on January 15, 2008 10:20 am:
Bud Curl wrote on January 15, 2008 10:55 am:
How big a public health hazard is smoking tobacco - first or second-hand, or drinking alcohol? Why do we not ban those commodities as public health hazards? Or, require insurance cards in order to purchase these items?
When we apply arbitray laws on one hand and ignore the other, we are creating cynicism and disrespect for the law.
"
Shadow wrote on January 15, 2008 11:21 am:
90% of the time it is not the rider that is stupid, it is the cager that decides it is a good idea to suck down a couple of double cheeses or send text messages to their buddy. when i ride i have been in 3 extremely close calls and every one of them i was nearly ran over by a cager not paying attention to their surroundings. i was doing the speed limit, not following too close and i also have extra head lights installed to increase my visibility to other drivers. i guess i should be wearing my jacket with the flashing neon lights that say "please dont hit me". i am not trying to say that all riders are responsible but i know that i try to use my best judgement and so do the people i ride with. we have never had a ticket for being stupid and we never will because we are too busy keeping track of the cagers. "
The Truth... wrote on January 15, 2008 11:52 am:
As for the insurance issue I agree it is my responsibility to obtain enough coverage to cover my care if involved in an accident, but the state only requires that the insurer provide $1000 for injuries. Let’s raise the required liability to match that of other motor vehicles creating no more burdens on the state for our injuries than that of any other driver.
In conclusion to me it is not a question of personal freedom, but one of personal preservation. Should I not be allowed to take steps to improve my chances of survival by not wearing a “death bucket”?
"
not a good idea wrote on January 15, 2008 11:56 am:
More Govt PLEASE wrote on January 15, 2008 11:57 am:
CS wrote on January 15, 2008 12:00 pm:
Until someone on the floor or in here can back up your premise with numbers that show that motorcycle riders don't pay for their own health insurance and how often, so what? I would suspect that many riders have health insurance, just like drivers do, probably more so since anyone can get an auto license and a motorcycle permit takes some work. Most of the prohelmet comments i've read in here are based on the assumption that motorcycle riders exist in some parallel universe where they wouldn't already have their own health insurance in addition to auto/bike coverage. "
donations anyone? wrote on January 15, 2008 12:01 pm:
ONE RIDER wrote on January 15, 2008 12:31 pm:
To "The Truth" wrote on January 15, 2008 1:33 pm:
Helmets save lives wrote on January 15, 2008 1:53 pm:
It needs to be law.
Even if it saves JUST ONE LIFE! "
Big Chief wrote on January 15, 2008 1:53 pm:
Full of holes wrote on January 15, 2008 1:58 pm:
The truth??? wrote on January 15, 2008 2:08 pm:
I'll cite the Hurt Report conducted by the University of Southern California. Among the conclusions were "Helmeted riders and passengers showed significantly lower head and neck injury for all types of injury, at all levels of injury severity"; "There is no liability for neck injury by wearing a safety helmet; helmeted riders had less neck injuries than unhelmeted riders. Only four minor injuries were attributable to helmet use, and in each case the helmet prevented possible critical or fatal head injury"; "Safety helmet use caused no attenuation of critical traffic sounds, no limitation of precrash visual field, and no fatigue or loss of attention; no element of accident causation was related to helmet use"; "The use of the safety helmet is the single critical factor in the prevention of reduction of head injury; the safety helmet which complies with FMVSS 218 is a significantly effective injury countermeasure".
I've got no problems if a fellow rider choose not to wear a helmet, but at the same time, please do not cite inaccuracies in regards to the safety benefits of wearing a helmet. "
Honda rider wrote on January 15, 2008 2:09 pm:
Um wrote on January 15, 2008 2:43 pm:
JT Hutt wrote on January 15, 2008 2:54 pm:
Nurse wrote on January 15, 2008 3:51 pm:
Here is a solution....let the rider decide. If they don't want to wear a helmet, make it a requirement that they have a living will, stating that they don't want to receive heroic measures to keep them alive. "
Matt wrote on January 15, 2008 4:00 pm:
smartenough wrote on January 15, 2008 4:48 pm:
To CS wrote on January 15, 2008 4:48 pm:
GWbiker wrote on January 15, 2008 5:53 pm:
what?!?! wrote on January 15, 2008 8:29 pm:
numbers wrote on January 17, 2008 10:04 am:
Well, as a taxpayer, i feel opposed to paying unnecessary expenses as well....look all around you and you are paying for it.
Motorcyclist represent roughly 6% of all fatal accidents...Cars & Trucks represent roughly 93%, with 1% for others.
Anybody can see that if you want to reduce cost (and on a huge basis), that you should be addressing the 93%.
If you want the helmet law then lets address the fatalities in the 93% class as well.
Are you willing to wear a helmet in your car? ARE YOU WILLIING TO DO WHAT EVER SOMEONE ELSE MANDATES THAT WOULD REDUCE YOURS AND EVERYONE ELSES CHANCE OF A FATALITY IN A CAR AND TRUCK?. This meaning beyond the seat belt.
"