| Blaming the Victim for Following the Law |
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| Written by George Tait | |||
| Sunday, 24 January 2010 10:14 | |||
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I wrote last week about a recent study in Texas showing that since their mandatory helmet law was repealed that motorcycle deaths had dramatically increased calling for a return of mandatory helmets. I have also written extensively on this topic and invite you to explore all of my other posts on motorcycle helmets on this blog - search "helmets." Wyoming, like Utah, currently requires motorcycle riders less than 18 years of age to wear helmets. The Wyoming Trib.com makes a case for return of mandatory helmet law in Wyoming. The article is written by the Star-Tribune Editorial Board. The article is well-written and references statistics that appear to support a claim that if all motorcycle riders wore helmets that motorcycle deaths would dramatically decrease. Although making passing remarks that vehicle education emphasizing that drivers need to be made more aware of motorcycles the author terminates the article by stating "... the single biggest action our legislators could take to improve motorcycle safety is to reinstate Wyoming's universal helmet law, beginning next year." The article also diminishes the concerns of motorcycle riders by stating "We'd rather see the vast majority of motorcyclists safer, even if they have to sacrifice some comfort." The motorcycle riders that I talk to, and I talk to a lot, say they prefer not to wear helmets simply becasue they do not want to. I think a lot of motorcycle riders prefer not to wear helmets simply becasue it is not who they are. What I mean by this is the psychological and socialogical implications that attach to motorcycle riders in America - especially in Western America.
The west was won with a raw can-do attitude based on freedom, control of your own destiny, and doing what one wants without governmental interference. Motorcycles have a long history of being associated with freedom and toughness. If you have any doubt of this watch Easy Rider. The simple extension of this logic of course is that one can not be free and tough if wearing a helmet. The knee-jerk reaction might be that not wearing a helmet is just dumb. Dumb because you can be seriously injures or killed. Furthermore, there are arguments about who pays the cost of caring for injured motorcycle riders. Extended rehabilitation for brain injury is expensive and if the rider does not have enough insurance the cost often falls to the public. All valid arguments and all dealt with before in other articles on this blog. What concerns me about articles like this one in the Star-Tribune is that it cultivates an attitude in the minds of readers that biases them against motorcycle riders. Until the law is changed anyone over 18 years of age and injured in a motorcycle crash not wearing a helmet is following the law. Plain and simple! Do we as a society want to blame the motorcycle rider for his injuries because he or she was following the law? This is not a rhetorical question. I see bias all the time when I represent motorcycle riders who are injured as a result of other people's negligence. We go to trial and those biases raise their ugly heads. Those biases include:
You might think these biases do not exist but let me tell you they do - I see them all the time. News publications need to be careful in how they go about trying to influence public opinion to encourage the electorate to pressure their legislators to change the law.
Utah Bike Law represent motorcycle riders and their families across Utah including the counties and cities of Beaver, Box Elder, Cache, Carbon, Daggett, Davis, Duchesne, Emery, Garfield, Grand, Iron, Juab, Kane, Millard, Morgan, Piute, Rich, Salt Lake, San Juan, Sanpete, Sevier, Summit, Tooele, Uintah, Utah, Wasatch, Washington, Wayne, Weber, American Fork, Beaver, Bountiful, Brigham City, Cedar City, Delta, Draper, Duchesne, Fillmore, Heber, Kamas, Kanab, Kaysville, Layton, Lehi, Logan, Moab, Murray, Nephi, Ogden, Orem, Park City, Price, Provo, Richfield, Riverton, Roy, Salt Lake City, Sandy, South Jordan, St. George, Tooele, Vernal, West Jordan, and West Valley City.
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