Fatal motorcycle crashes: motorcyclists face a much higher risk of death than other motorists in Illinois and Indiana
The Illinois-based National Safety Council (NSC) is an internationally respected safety advocacy group that has been compiling data and issuing reports regarding motor vehicle fatalities for almost a century. The goal of the NSC is to work with government agencies, private organizations, and the general public “… to eliminate preventable deaths in our lifetime.”
A part of the NSC’s research analysis is its state-by-state publication, where researchers rank each state on road safety. Each state in the country is given a grade on how well (or how poorly) the state is working to reduce the risk of preventable accident deaths for its residents.
Go here to review the NSC publication, “The State of Safety: A State-by-State Report.”
Indiana and Illinois in the State of Safety Tables: Off-Track for Motorcycle Safety
In the State of Safety Report, both Indiana and Illinois are found to be “off-track” for motorcycle safety laws.
Illinois and Indiana receive failing grades insofar as motorcycle safety according to the NSC analysis, as they have few if any safety indicators in place regarding the operation of motorcycles on their roadways. State of Safety Report, page 8.
A key component in this safety review was a consideration of whether or not the state had any law in place regarding the wearing of a motorcycle helmet by operators and/or passengers of the motorcycle.
How High is the Danger of Dying in a Motorcycle Crash?
The Governors’ Highway Safety Association (GHSA) reports that the National Highway Traffic Safety Administration’s National Center for Statistics and Analysis (NHTSA’s NCSA), tallied 5,286 motorcyclists killed on U.S. roadways in 2016; this was 5.1% higher than the previous year.
In 2016, motorcyclist accident deaths occurred 28 times more often than passenger vehicle fatalities in motor vehicle crashes when accounting for vehicle miles traveled (NCSA, 2018).
The number of motorcyclist fatalities recorded in 2016 was the second highest number of motorcyclist fatalities in the past two decades.
Statistics show that in the event of an accident, the operator (and passenger) of a motorcycle are at a much higher risk of severe bodily injury or death than someone who is involved in a collision in any other kind of motor vehicle.
Reasons Motorcyclists Are at High Risk for a Deadly Crash
Riding a motorcycle in Indiana and Illinois is understood to come with risk. The rider understands the risks and dangers of sharing the roadways with other vehicles that are heavier and driven by operators that may not give the bike its proper respect on the roads.
For more on motorcycle accident risks, read:
- Fatal Motorcycle Accidents: Failure of Other Drivers’ Motorcycle Awareness
- Motorcycle Accident in Indiana or Illinois: Risk of Death or Serious Injury in a Motorcycle Crash
- Traumatic Brain Injury (TBI) Risk in Motorcycle Accidents
Of course, while many people point to helmets as the reason for the high risk of dying in a motorcycle crash, there are other factors than come into play in any serious motorcycle crash. These include weather conditions, road hazards, mistakes made by the other driver, and operator negligence (driving drunk or under the influence of drugs).
However, the lack of a motorcycle helmet is the main argument among safety advocates regarding making the roadways safer for those riding a motorcycle in Indiana and Illinois.
Indiana and Illinois Motorcycle Helmet Laws
Both Indiana and Illinois once had motorcycle helmet laws on the books. Both laws were swiftly retracted by lawmakers.
Illinois’ law was effective on July 1, 1969; it was repealed a year later (on July 1, 1970). Illinois has had no motorcycle helmet law since that time.
Indiana had a motorcycle helmet law on the books as of July 26, 1975; it was repealed in August 1977. In January 1984, Illinois passed a law that requires motorcycle helmets for those aged 17 and younger.
For details on the history of state motorcycle laws, read the Insurance Institute for Highway Safety Table of Repeals.
What about the federal government?
Currently, there is no federal universal motorcycle helmet law. Earlier efforts to encourage the wearing of helmets through federal funding have failed, for the most part. See, e.g., the discussion of the repealed federal 3% highway safety fund penalty. Jones, Marian Moser, and Ronald Bayer. “Paternalism & its discontents: motorcycle helmet laws, libertarian values, and public health.” American Journal of Public Health 97.2 (2007): 208-217.
The Freedom to Choose Whether to Wear Motorcycle Helmets
There are significant, longstanding constitutional principles that work to free the operators in Indiana and Illinois from the mandatory obligation to wear a motorcycle helmet. Motorcycle enthusiasts have successfully argued that helmet laws violate their constitutional rights established in the Fourteenth Amendment insofar as:
- Helmet laws violate the equal protection clause by discriminating against motorcyclists as a class, and
- Helmet laws are a due process violation by not only infringing on the motorcyclist’s liberty but also as an overreaching use of the state’s police power.
The Illinois Supreme Court has specifically ruled that motorcycle helmet laws constitute an infringement on motorcyclists’ constitutional rights. The People v. Fries, 250 N.E.2d 149, 42 Ill. 2d 446, 42 Il. 2d 446 (1969).
From the Illinois High Court:
The manifest function of the headgear requirement in issue is to safeguard the person wearing it — whether it is the operator or a passenger — from head injuries. Such a laudable purpose, however, cannot justify the regulation of what is essentially a matter of personal safety.
Motorcycle Accident Deaths in Indiana and Illinois
Our part of the country is a vanguard for liberty for many motorcycle enthusiasts. These riders are free to ride the roadways of Illinois and Indiana without a helmet, which many motorcyclists argue bring their own dangers as well as limiting the operator’s freedom.
Of course, in the event of an accident, the risk of severe bodily injury or death in a motorcycle crash increases exponentially here. Those who are involved in a collision without wearing a helmet may face death due to head trauma as well as permanent, lifelong injuries resulting from traumatic brain injury or spinal cord injury.
Every motorcycle accident in Indiana and Illinois must be investigated to determine the causes of the crash. There are a great many risks facing even the most experienced rider that can result in a fatal crash; in these events, justice must be found for the victim and their loved ones.
Other drivers, as well as those responsible for road hazards, road conditions, defective products, malfunctioning parts, etc., may have legal liability for a fatal motorcycle crash regardless of whether or not the rider was wearing a helmet at the time of impact.
Motorcycles in Indiana and Illinois should be ridden with the freedom and joy that these types of motor vehicles can bring to the operator and his passenger. However, the high risk of serious harm or death must be considered, and victims and their families need to know their legal rights in the event of a deadly motorcycle crash. Please be careful out there!
