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The Helmet Thread 2

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Advocacy & Safety Cyclists should expect and demand safe accommodation on every public road, just as do all other users. Discuss your bicycle advocacy and safety concerns here.
View Poll Results: What Are Your Helmet Wearing Habits?
I've never worn a bike helmet
52
10.40%
I used to wear a helmet, but have stopped
24
4.80%
I've always worn a helmet
208
41.60%
I didn't wear a helmet, but now do
126
25.20%
I sometimes wear a helmet depending on the conditions
90
18.00%
Voters: 500. You may not vote on this poll

The Helmet Thread 2

Old 11-23-14, 09:14 AM
  #276  
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Originally Posted by rydabent
350

Flawed logic on your part. The survivors WERE wearing a helmet, and there are far more of them.
rydabent,

You snapped at a guy who was agreeing with you, and who was providing an example to support what you were saying. Don't take it personally but I see a parallel there with some of the outlandish things that you believe of the other people with whom you take issue. That they enjoy seeing people die for example.

350htrr makes a mistake by generalizing some faulty thought process to the entire "anti-helmet crowd". Then you mistakenly attribute that same faulty thought process to 350htrr, thinking him a member of the "anti-helmet crowd" which you deride. Perhaps your opinions of your adversaries originate in this sort of misreading? It's something to think about before berating someone or some group.
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Old 11-24-14, 02:40 PM
  #277  
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Originally Posted by rydabent
The anti helmet crowd always seem disappointed when a persons lives after an accident while wearing a helmet. And the reverse of that is they seem to be more than happy to report when a person dies while wearing a helmet. Sad!!!!!
Typical pro-helmeteer hateful hyperbole...
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Old 11-25-14, 09:53 PM
  #278  
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Meanwhile, I fell off my monstercross bike (again) today. I did not hit my helmet. I did not die.

Funny how some of us manage to ride (and even crash, occasionally) without needing anything to save our lives.
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Old 11-26-14, 02:40 PM
  #279  
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Even though it's the Hell-Met thread, forum rules still apply, including rules against personal comments and insults. Thanks . . . .
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Old 11-26-14, 11:00 PM
  #280  
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Originally Posted by Six jours
Meanwhile, I fell off my monstercross bike (again) today. I did not hit my helmet. I did not die.

Funny how some of us manage to ride (and even crash, occasionally) without needing anything to save our lives.
I think the idea is to minimize damage of without exception the most important part of our entire body.

I've seen enough posts where somehow wearing a helmet is only about death-prevention and if it can't do that effectively, it must be useless. Even if said in a facetious manner, it sounds silly.

If I don't wear a safety belt, crash my car and did not die, does that make it pointless and ineffectual? If I don't wear a life vest on a boat, it sinks and I survive, does that make it pointless and ineffectual?

Off the top of my head, I can't think of any safety measure which is purely designed to eliminate no-nonsense, straight-up loss of life. AFAIK most are designed to prevent or minimize injury, and by extension, death.
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Old 11-27-14, 05:18 AM
  #281  
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Maybe make it a choice (this may have already been proposed)....if you are in a bicycle accident and you're not wearing a helmet, your insurance can refuse to pay for your medical, and if the accident is someone else's fault, their insurance will have no liability. You have the choice to ride with or without a helmet, and the insurance companies have a choice to cover or not.
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Old 11-27-14, 08:11 AM
  #282  
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warrior

I have been preaching this in the helmet thread for ages. If a cyclist is hurt or killed, the first thing that is asked or reported is-------------was the cyclist wearing a helmet? Even if the cyclist that was killed was hit by a car doing 75 the question is still asked.

Therefor my point has alway been even if you dont buy into the safety aspect of helmets, protect yourself and your family from insurance companies that will claim the cyclist was at least partly at fault for not wearing a helmet. The sad fact remains that if that car doing 75 hits and kills you, your family might not get a penney or very little if you were not wearing a helmet. Think about it!!!!!!
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Old 11-27-14, 08:19 AM
  #283  
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Originally Posted by rydabent
The sad fact remains that if that car doing 75 hits and kills you, your family might not get a penney or very little if you were not wearing a helmet. Think about it!!!!!!
You have reported this alleged "sad fact" before and yet are unable or unwilling to reference any evidence to support the truth of this "fact". Just because you keep saying it doesn't make it a fact, only remains sad commentary.
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Old 11-27-14, 02:07 PM
  #284  
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Originally Posted by I-Like-To-Bike
You have reported this alleged "sad fact" before and yet are unable or unwilling to reference any evidence to support the truth of this "fact". Just because you keep saying it doesn't make it a fact, only remains sad commentary.
Whenever questioned, he just ignores and moves on.
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Old 11-27-14, 02:54 PM
  #285  
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Originally Posted by warrior4130
Maybe make it a choice (this may have already been proposed)....if you are in a bicycle accident and you're not wearing a helmet, your insurance can refuse to pay for your medical, and if the accident is someone else's fault, their insurance will have no liability. You have the choice to ride with or without a helmet, and the insurance companies have a choice to cover or not.
So you want to make it a choice, but everyone who doesn't share your believes about bicycle helmets should be financially ruined by medical bills, regardless of whether the accident was their fault or whether a helmet would have helped in the first place. Never mind the rather significant possibility that you **** yourself over in the process, since the step from "cycling without a helmet is an unacceptable risk" to "cycling is an unacceptable risk" is rather small.

I think your kind might actually be worse than the MHL-crowd.
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Old 11-27-14, 03:23 PM
  #286  
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Originally Posted by I-Like-To-Bike
You have reported this alleged "sad fact" before and yet are unable or unwilling to reference any evidence to support the truth of this "fact". Just because you keep saying it doesn't make it a fact, only remains sad commentary.
I kinda hate to get back into the helmet thread--it's been a while and I've participated in so many of these, but I need to call your attention to this website, because rydabent has a point:
...If you were not wearing a helmet in a state, county, or city in which it was required for your age group, your claim negotiations will be negatively impacted. The claims adjuster will say your violation of the helmet law contributed to your injuries.

The adjuster will likely try to use your violation of the law as leverage, by claiming not wearing a helmet was a comparative factor in your injuries. Even in areas without a helmet law, the adjuster may still attempt to reduce the settlement offer.

Insurance claims adjusters have access to bicycle helmet statistics, previous court decisions involving car-bike collisions, and other evidence proving that wearing a helmet reduces injuries. Adjusters use this information to convince claimants their own negligence renders them at least partially liable for their injuries...
Bicycle Helmet Laws and Liability in Injury Accidents
I should add that, if it were up to me, I'd be in favor of bike laws similar to Sweden's (I think) whereby in case of an auto/bicycle crash, the auto is presumed to be at fault unless there are extenuating circumstances. But that's not the reality in the USA right now.

John

Last edited by John C. Ratliff; 11-27-14 at 03:59 PM.
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Old 11-27-14, 03:28 PM
  #287  
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Originally Posted by CarinusMalmari
So you want to make it a choice, but everyone who doesn't share your believes about bicycle helmets should be financially ruined by medical bills, regardless of whether the accident was their fault or whether a helmet would have helped in the first place. Never mind the rather significant possibility that you **** yourself over in the process, since the step from "cycling without a helmet is an unacceptable risk" to "cycling is an unacceptable risk" is rather small.

I think your kind might actually be worse than the MHL-crowd.
This
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Old 11-27-14, 08:31 PM
  #288  
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Originally Posted by John C. Ratliff
I kinda hate to get back into the helmet thread--it's been a while and I've participated in so many of these, but I need to call your attention to this website, because rydabent has a point:
I don't doubt that lawyers or insurance adjusters might grasp at any straw when all else fails.

Your reference and Rydabent's point are similar, nothing but speculation about what someone (insurance adjuster or driver's attorney) might try as a gambit for their client to avoid responsibility or liability for their actions. Both rydabent and your source avoid citing any instances where playing the helmet gambit actually was effective in a civil suit.
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Old 11-28-14, 04:14 AM
  #289  
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Originally Posted by CarinusMalmari
So you want to make it a choice, but everyone who doesn't share your believes about bicycle helmets should be financially ruined by medical bills, regardless of whether the accident was their fault or whether a helmet would have helped in the first place. Never mind the rather significant possibility that you **** yourself over in the process, since the step from "cycling without a helmet is an unacceptable risk" to "cycling is an unacceptable risk" is rather small.

I think your kind might actually be worse than the MHL-crowd.
Well, at this point, it is all about opinions in most cases. Soon it will probably be the law, and when it is, one could say I picked the better of the available opinions. Be safe.
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Old 11-28-14, 09:52 AM
  #290  
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i like


You need to read more news reports on car-bike accidents. Almost every one that I have read mentions if the cyclist was wearing a helmet. And----------------you know good and well that any insurance company will grasp at anything to get out of paying or lowering the pay out.

BTW there have been 3 bad accidents here in Lincoln this year with two deaths, and each one discussed wether the cyclist was wearing a helmet.
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Old 11-28-14, 12:31 PM
  #291  
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Originally Posted by keyven
I think the idea is to minimize damage of without exception the most important part of our entire body.

I've seen enough posts where somehow wearing a helmet is only about death-prevention and if it can't do that effectively, it must be useless. Even if said in a facetious manner, it sounds silly.

If I don't wear a safety belt, crash my car and did not die, does that make it pointless and ineffectual? If I don't wear a life vest on a boat, it sinks and I survive, does that make it pointless and ineffectual?

Off the top of my head, I can't think of any safety measure which is purely designed to eliminate no-nonsense, straight-up loss of life. AFAIK most are designed to prevent or minimize injury, and by extension, death.
I'm pretty sure that a life jacket pretty much is "designed to eliminate loss of life".

Regardless, let's look at the boat sinking deal a bit more closely. If you are alone in a small vessel sailing around the world, most people would agree a life vest is a great idea. If you are on a gigantic cruise ship, life vests are available, but of course no one expects to wear it 24/7 while aboard. And if you are sailing your rubber raft around your swimming pool, most people would actually think you a bit odd if you wore a vest.

So most people are able to understand that even within the same general group of activities, there are different levels of risk. Somehow, though, a certain kind of cyclist either can't or won't see that the same situation exists with bicycling.
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Old 11-28-14, 12:38 PM
  #292  
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Originally Posted by warrior4130
Maybe make it a choice (this may have already been proposed)....if you are in a bicycle accident and you're not wearing a helmet, your insurance can refuse to pay for your medical, and if the accident is someone else's fault, their insurance will have no liability. You have the choice to ride with or without a helmet, and the insurance companies have a choice to cover or not.
Actually, I'm fine with that, as long as it's disclosed ahead of time. That way I can go find a different insurer.

Beyond that, though, your argument has been made before, and has been shot down before, easily. Using your reasoning, insurers can refuse to pay for injuries or illnesses related to any less-than-perfect decisions we make. Heart attack? "Well, we inventoried has refrigerator and discovered red meats and butter." Diabetes? "Well, we found soda in the house." Electrocution? "Some of the outlets in his home were not GFI."

So tell you what. You feel free to let your insurer run your life for you, and the rest of us will keep living our own lives.
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Old 11-28-14, 12:40 PM
  #293  
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Originally Posted by warrior4130
Well, at this point, it is all about opinions in most cases. Soon it will probably be the law, and when it is, one could say I picked the better of the available opinions. Be safe.
Just so you know, this kind of smug, self-satisfied proclamation from helmet wearers is what keeps the argument heated.

Last edited by Six jours; 11-28-14 at 05:30 PM.
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Old 11-28-14, 01:47 PM
  #294  
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six

Actually the reason for the heated argument is the fact that for so reason anti helmet people seem offended by anyone that wears a helmet. Why do they care if anyone wants to wear a helmet********************?
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Old 11-28-14, 05:30 PM
  #295  
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Stupid even by your standards.
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Old 11-29-14, 04:20 AM
  #296  
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Some ppl simply have too much time on their hands, and dream up whatever counter argument they deem appropriate to satisfy their pleasures. Go ahead and discount this, but without a doubt, at the end of the day, we will all be subject to whatever it is the imperial government decides is best...for both you and me. If it is to wear helmets...then that is what the law will demand. If it is to use insurance to passively force helmets on our heads, then so be that too (And by the way...last I saw some states were using insurance and illegal hiring practices to "weed" out smokers...and to some effect, fat ppl). Today it is kind of mute to argue this point, seeing there are helmet laws for motorcycles, helmet laws for kids, and helmet rules for professional riders. Handwriting is on the wall, best get used to wearing a helmet.
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Old 11-29-14, 07:11 AM
  #297  
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To helmet or not to helmet, that is the question:

Whether 'tis wiser to crash and burn with noggin directly impacting terra firma, or what-ever,

Or to have some barrier between, THAT is the question....

Preach at the top of your lungs however you feel, but understand we have the right to disagree without being berated.

In a 60+ mph rear end crash, my wife suffered a subdural hematoma on the front of her brain. There was NO external IMPACT involved, just brain and skull. The interesting fact was that there was just as much concern with a possible HEART INJURY due to the compression of the seat belt across her chest.

I've bounced off the ground with helmet on a number of times after going down while riding. I've also face planted after tripping while in running races with nothing between face and pavement. As far as I know, I suffered no brain injuries so far, but had I not been wearing a helmet during my bicycle crashes I am not sure I would not have had a concussion.
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Old 11-29-14, 04:15 PM
  #298  
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Originally Posted by I-Like-To-Bike
I don't doubt that lawyers or insurance adjusters might grasp at any straw when all else fails.

Your reference and Rydabent's point are similar, nothing but speculation about what someone (insurance adjuster or driver's attorney) might try as a gambit for their client to avoid responsibility or liability for their actions. Both rydabent and your source avoid citing any instances where playing the helmet gambit actually was effective in a civil suit.
I-Like-To-Bike,

It appears that you are correct. Here's an interesting quote from Oregon Attorney Bob Mionske:
“Is there anything else I need to know?”

There sure is. Oregon’s bicycle helmet laws contain a very important protection for cyclists of any age. In Oregon, a violation of the mandatory helmet law, or evidence of the failure of an adult cyclist to wear a helmet, CANNOT be used in court to reduce the damages or to defend against a claim from a cyclist who is injured or killed by a driver who is either wholly or partially at fault. (See ORS 814.489).

This means that if a negligent or reckless driver injures or kills a cyclist who was not wearing a helmet, the driver’s insurance company cannot argue that the cyclist was at fault for not wearing a helmet, or that the damages owed to the cyclist should be reduced because the cyclist was not wearing a helmet. As an Oregon bicycle accident lawyer, I have seen countless attempts by insurance companies to shift the blame from a negligent or reckless driver to the victim. But in Oregon, the bicycle helmet law protects the rights of cyclists, and holds negligent and reckless drivers accountable for their own negligent and reckless behavior.

Of course, some people believe that cyclists should be held accountable for their own injuries if they are not wearing a helmet and are hit by a driver, even though the crash is the fault of the driver. However, this is not a rational belief. Would we say the same thing about a pedestrian who is struck down in the crosswalk? Of course not. We would immediately recognize that the pedestrian is not to blame for failing to wear protective gear in case a dangerous driver breaks the law and injures them. When somebody is careless or reckless, we don’t allow them to get away with it by saying their victims should have been more careful if they didn’t want to get injured. And in Oregon, that principle is enshrined in the state’s bicycle helmet law.
Oregon Bicycle Helmet Laws | Bike Law
However, there is a comment in Federal Court which is causing ripples in the lawyer realm:
Court?s Remark About Helmets May Harm Illinois Bicycle Crash Victims | Bike Law

John
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Old 11-29-14, 05:13 PM
  #299  
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Originally Posted by warrior4130
Handwriting is on the wall, best get used to wearing a helmet.
Um, no. Proposed useless mandatory helmet laws are fought and killed frequently. While motorcycle helmet mandates were part and parcel with mandatory seatbelt laws in many states, they overlooked mandatory bicycle helmet usage at the time. Same thing with states who instituted mandatory helmet use by kids--somehow, they forgot the same for adults.

Someday, the Imperial Gov't will surely outlaw bicycles as best for you and me. Handwriting is on the wall, you should probably stop riding now.
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Old 11-29-14, 06:33 PM
  #300  
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Originally Posted by John C. Ratliff
I-Like-To-Bike,

It appears that you are correct. Here's an interesting quote from Oregon Attorney Bob Mionske:

However, there is a comment in Federal Court which is causing ripples in the lawyer realm:
Court?s Remark About Helmets May Harm Illinois Bicycle Crash Victims | Bike Law

John
Although for the sake of those not reading the article, the comment was just an aside in a case having nothing to do with cycling and doesn't create binding authority. In fact, as the author goes on to say, the aside is not even true in Illinois state law.

It appears that warrior4130 is wrong about the law in the majority of states, and his certainty misguided.
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