Free to Choose, but Wisely (please!)

With my Nolan N102 brain-bucket on Hunter Mountain in Greene County, NY.

It was a balmy summer day on Independence Day’s weekend. The sun shined bright through a cloudless sky, yet there was an unmistakable rumbling. In this case, it was not of distant thunder, but over half a thousand motorcycles, gathered at rally.

This was the annual rally of American Bikers Aimed Toward Education (ABATE), an organization which lobbies on motorcyclists’ behalf and promotes operational training amongst its membership. For the past eleven years, the Onondaga County chapter had organized this rally of 550 most cruiser motorcycles to protest New York State’s law (Vehicle Traffic Law § 381.6) which requires motorcyclists to wear helmets conforming to the federal Department of Transportation’s standards.

ABATE’s local chapter instructed riders that they could participate in the rally unhelmeted if they wished. Some did, others did not. Amongst the former was Philip Contos, and on Saturday, July 2nd, 2011, his preference proved very costly.

The rally rolled out from the township of Onondaga, on Syracuse’s outskirts, northeast of the distinctive Finger Lakes in central New York. The rumbling procession picked up pace. Then very suddenly, Contos’ bike began to fishtail. Brusque braking flung him over its handlebars, whereon his unprotected head slammed into the pavement, killing him.

According to witnesses, Contos, aged 55, with thirty years of experience in riding, suffered a bad stroke of luck. Supposedly his left bootlace became untied and got caught in his 1983 Harley-Davidson’s drive-chain. He glanced down to extricate his lace from the chain, and when he looked up again, he had to slam the brakes to avoid rear-ending another rider in the motorcade. It was a freak accident which could have happened to anyone, but no one had to die for it at that reduced speed. According to a state trooper quoting the medical examiner, “he would’ve no doubt survived the accident had he been wearing a helmet.”

ABATE is correct that it is not government’s role to nanny adult citizens and coerce them into helmets. It is also correct that one of the reasons you don’t see piles of discarded motorcycle helmets roadside at the border to helmetless states like Connecticut and Illinois is that helmets are a very good idea! Whatever discomfort they entail for the rider (i.e., less ventilation and visibility, more weight, etc.) is minimal compared to the risk they mitigate. Given motorcycling’s inherent hazards, a helmet is always a worthwhile precaution.

Motorcycling is fun way to see the world in seasonable weather. Its higher risks, however, demand higher personal responsibility on riders’ part. As a former and future rider, my plea to government is to treat citizens as the adults they are, that they may choose their risk. But to my fellow riders, my heartfelt plea is to wear a sturdy helmet as if it covers a brain worth protecting!