To hear James “Doc” Reichenbach tell it, putting on a motorcycle helmet (or not) is an issue of freedom and personal choice. As he sees it, helmets are heavy, restrictive, and interfere with his vision and hearing. But most of all, they don't let him feel the wind blowing through his hair as he glides along the state's roads and highways. As for the prospect of an accident that could cause a severe head injury, Reichenbach takes a matter-of-fact point of view. “Helmets are no guarantee to help you in an accident,” he said.

Reichenbach, who has been riding motorcycles for decades, is the president of the most powerful motorcycle lobbying group in the state, the American Bikers Aimed Toward Education. By staging annual rallies at the Capitol that drew hundreds of bikers from around the state, ABATE was the driving force that lobbied for years to repeal the state's helmet law that mandated that all motorcycle riders must wear a safety helmet. After repeated efforts to pass a bill sponsored by Senator Nancy Argenziano (R-Crystal River), ABATE was in the forefront of the effort that successfully convinced lawmakers in 2000 to lift the restriction on wearing helmets. At the time, it represented a rare defeat for the state's insurance and health-care industries. Along with health and safety experts, carriers and health-care providers argued that the absence of helmets would lead to more deaths and head injuries, which would not be adequately covered by insurance. The state mandates that only motorcyclists that choose not to wear a helmet must carry $10,000 in personal injury protection, while studies show that the average cost of treating a head injury exceeds $45,000.

Based on the statistics, carriers and health-care providers have a point. The National Highway Traffic Safety Administration recently conducted a study examining the use of helmets and motorcycle accidents that result in death or a severe head injury. The survey confirmed what many carriers, highway safety officials, and proponents of mandatory helmet laws have feared since Florida decided to allow motorcyclists to ride without helmets. Namely, that the number of motorcycle deaths has significantly increased since the law change. According to the survey, in the first three years since the helmet law's repeal, the number of overall motorcycle deaths has increased by more than 81 percent when compared to the previous three-year period in which the helmet law was in effect.

Of that 81 percent increase, the survey found that many of the deaths were directly tied to the use or non-use of a safety helmet. The federal survey showed that in the three years before the mandate on using helmets was lifted, nine percent of the 515 motorcyclists killed in accidents were not wearing helmets. In the three years following the mandate's repeal, 61 percent of the 933 fatally injured motorcyclists were not wearing a helmet. Moreover, the financial impact of head injuries on insurers and health-care providers has likewise increased. The number of admissions to emergency rooms and hospitals due to head injuries increased by 80 percent and the costs attributable to motorcycle riders with head, brain, or skull injuries jumped from $21 million to $50 million.

Rae Tyson, spokesperson for the National Highway Traffic Safety Administration, said the agency's survey presents some compelling evidence that should cause Florida lawmakers to reconsider their decisions to rescind the motorcycle helmet law. “There are serious consequences from repealing the helmet law,” he said.

Reichenbach, however, gives little credence to the federal study that shows the increase in motorcycle fatalities. He attributes most of the increases to the growing popularity of motorcycle use and the corresponding increase in the number of riders on the road. Case in point, the state's Department of Highway Safety and Motor Vehicles showed that the number of new motorcycle registrations increased by 91 percent from 2000 to 2004. Specifically, 219,000 new motorcycle registrations were issued in 2000 as compared to the 417,000 issued in 2004. By comparison, in the same period, the number of new car registrations rose by only 18 percent. While the traffic safety administration's report did acknowledge that the growth in motorcyclists could be partially responsible for the increase in some deaths, it still attributed the increase in the fatality rate partly to the repeal of the helmet law. The state's fatality rate for non-helmeted motorcyclists went from 0.7 per 10,000 registered motorcycle riders in 1998 to 6.1 riders in 2002.

Safety Becomes a Priority

Florida is among 30 states that don't require motorcycle riders to wear protective helmets and other safety gear. But even though the statistics show that the number of head injuries and deaths has increased since the repeal of the helmet law, don't look for Florida to leave the list of 30 states any time soon. Every year, scores of motorcyclists turn out to oppose any reinstatement of the old helmet law, saying it would be an infringement on their personal freedoms. And even though helmets are designed to cushion and protect riders from the impact of a crash, and decrease the severity of injuries and their corresponding medical costs, the motorcyclists hold firm to their position.

Given the political controversy that would in all likelihood erupt over the potential reinstatement of a mandatory helmet law, few lawmakers are willing to entertain the issue. House Insurance Committee Chair Dennis Ross (R-Lakeland) is unequivocal in his position on the issue, “I'm not ready to fight that fight again,” he said.

Florida Insurance Council Vice President Sam Miller is likewise firm on the issue. He noted that lawmakers and the insurance industry are already embroiled over hurricane issues and other pressing concerns, which makes any attempt to resurrect the helmet issue moot. As a result, state officials, carriers, and other interested parties have lowered their sights by placing an emphasis on safety. Specifically, they want to mandate safety training for all motorcycle riders and increase the amount of minimum health care coverage cyclists must purchase.

Governor Jeb Bush, who signed into law the repeal of the mandatory helmet law, backs a proposal to require all motorcycle riders to take a 16-hour safety course before they can qualify for a license. The proposal was floated by Fred Dickinson, executive director of the state's Department of Highway Safety. Currently, only riders under the age of 21 must complete the safety course as part of their licensure requirement.

Frank Penela, spokesperson for the department, said the state agency's own statistics show those motorcyclists who take the safety course are less likely to be involved in deadly accidents. In fact, of the 1,238 Florida-licensed riders who suffered a fatal accident between 1998 and 2003, none had undergone the state's training course.

He said based on this and other evidence, safety is key to reducing the number of fatalities and injuries.

“We've been looking into this proposal for a couple of years,” he said. “We are always looking to better the system of highway safety.”

Penela rejects the notion the department is pushing the extra training after the federal study showed motorcycle deaths were increasing. However, he said, the statistics speak for themselves. Bush and the state's cabinet officials have thrown their support around the additional training and a bill will likely be debated in the upcoming legislative session. The Florida Safety Council likewise is supporting the initiative to require motorcyclists to take additional safety training. Thomas Guilmet, executive director of the council, would like to see the helmet law reinstated, but acknowledges that the political stars are not aligned for such a battle. However, he said, increasing the emphasis on safety is a positive step forward.

“We absolutely endorse it,” he said. “We want to make immediate changes that will save lives and reduce injuries and associated costs.”

Reichenbach, who appears to be staunchly against any mandate directed at bikers, said increasing safety training doesn't address the real problem because most accidents involve younger motorcyclists who already are required by law to pass state-approved training in order to be licensed. Instead, he would prefer a law that banned the sale of motorcycles to anyone who does not have a license to drive one. Such a law, however, could be expected to be fiercely fought by motorcycle manufacturers.

Insurers are vowing to stay out of any legislative debates involving mandatory safety training. Progressive Insurance Company spokesperson William Perry said that the company encouraged motorcyclists to take care when operating the vehicles. However, he said, the company takes the position that it can best serve policymakers by submitting data and other information as requested. “We support programs designed to help riders improve their skills and do not object to legislation and regulations designed to decrease the frequency or severity of motorcycle accidents,” he said in a statement. “However, it is Progressive's policy not to advocate or lobby for or against legislation or regulations related to safety. We take this position because Progressive does not believe that it is appropriate for a corporation to advocate on issues that are essentially personal in nature.”

PIP Debate Could Raise Coverage Issues

Safety aside, the more likely debate over motorcycle injuries could become embroiled in the highly controversial battle over personal injury protection coverage. Florida lawmakers inserted a provision in a 2003 auto insurance fraud bill calling for the state's PIP law to sunset in 2007, unless reenacted in the 2006 legislative session. Under the current state law, all operators of four-wheel vehicles must carry at least $10,000 in PIP coverage, which pays up to 80 percent of medical expenses, 60 percent of lost income, and a $5,000-per-person death benefit. Motorcycle coverage, however, is much more restrictive. Under the law, only non-helmeted cyclists must purchase a policy, which must provide a minimum coverage of $10,000 that goes toward paying medical expenses directly attributable to the injuries suffered by a motorcyclist.

Ross said he hasn't taken a position on any motorcycle-related proposals, but he remarked that the committee might considered several issues. For example, he said, Florida is one of the few state's that don't require motorcyclists who wear helmets to carry coverage. The problem is that the law is almost impossible to regulate since absent an accident, there is no pragmatic way for law enforcement officials to check whether riders wearing or not wearing helmets are complying with the law.

Another possible proposal is increasing the coverage limits from $10,000 to $50,000. Head injuries to motorcyclists usually far outpace the $10,000 in coverage, hospital and other experts say. The federal study put the average cost of treating a head injury at $45,602. As a result, once the insurance runs out, the cyclist's health-care insurer pays the bill. Often, however, the cyclist doesn't have any additional insurance, which means that emergency rooms and hospitals are stuck with the bill and end up passing the costs along to other patients.

Rich Rasmussen, spokesperson for the Florida Hospital Association, said the association would like to see the minimum insurance health coverage increased for both motorcyclists and other drivers. He said many car and motorcycle accidents far outpace the $10,000 in minimum coverage. The association is worried that if the state's no-fault system is scrapped, the cost to the system could skyrocket. “This is a broader problem than just motorcycles,” he said. “If PIP goes away, you'll have a $1 billion cost shift from vehicle insurance to health insurance.

Reichenbach is adamant that lawmakers should not increase motorcyclists' coverage requirements. He said he pays premiums of $390 for $10,000 in coverage. Raising the threshold to $50,000 would mean he would have to pay $300 to $500 more for a policy. “Why should we be singled out? This would be unfair and discriminatory,” he said. “We would definitely lobby against it.”

Special Reports /

Despite Deaths, No Change Seen in Motorcycle Helmet Law

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