1 REPEAL OF MICHIGAN S UNIVERSAL HELMET LAW: THE COST OF FREEDOM TABLE OF CONTENTS INTRODUCTION... 1 II. ACTIONS AND ARGUMENTS LEADING UP TO THE PARTIAL HELMET LAW... 2 A. Michigan s Legislative Action... 2 B. Current Debate... 7 III. SOCIETAL COSTS... 9 A. Impact of Florida s Partial Helmet Law B. No-Fault Insurance IV. PROPOSED SOLUTIONS CONCLUSION INTRODUCTION Michigan has adopted numerous laws and programs to create and promote safer roadways. These initiatives include the seatbelt requirement, the text-messaging ban, distracted-driving regulations, and drunk-driving enforcement campaigns. Currently, Michigan s objective is to keep the roadways safe, but the Legislature passed a law that seems to have the opposite effect. Although 81% of Michigan residents surveyed support a universal helmet law, 1 which required all motorcycle riders and passengers to wear a crash helmet, the Michigan Legislature repealed it. In April 2012, Michigan joined 27 other states by enacting a partial 1. Helmet Law Repeal Will Result in More Traffic Fatalities and Costs, AAAMICHIGAN.COM (Nov. 2, 2011), display.cfm?article_id=295 [hereinafter Traffic Fatalities and Costs] ( A spring poll of some 600 likely Michigan voters... shows that 81 percent of the state s residents believe the current mandatory helmet law should be maintained. ).
2 2 THOMAS M. COOLEY LAW REVIEW  helmet law. 2 But the enactment of the partial helmet law conflicts with the other safety initiatives Michigan is currently promoting and enforcing. Michigan s new statute gives riders and passengers, who meet certain requirements, the choice to wear a helmet. 3 The full impact of the law is not yet known. But data from other jurisdictions with similar laws and insurance codes indicates that the partial helmet law will be detrimental, likely causing an increase in the number of motorcycle fatalities and injuries. This will drive up the cost of automobile-insurance premiums and the cost of healthcare, for which taxpayers will be responsible. The partial helmet law will ultimately have a detrimental effect on the safety of motorcyclists, the economy, and all Michigan citizens. II. ACTIONS AND ARGUMENTS LEADING UP TO THE PARTIAL HELMET LAW A. Michigan s Legislative Action In 1966, the federal government enacted legislation that required states to pass helmet laws to retain federal highway funding. 4 In response, Michigan adopted a universal helmet law in By the early 1970s, 47 states and the District of Columbia had universal helmet laws. 6 In 1976, the financial penalties imposed on states without helmet laws were lifted. 7 This change prompted numerous states to repeal their universal helmet laws. Currently, only 19 states 2. Helmet Laws, GOVERNORS HIGHWAY SAFETY ASS N (June 2013), 3. MICH. COMP. LAWS ANN (5)(a) (c) (Westlaw 2013). 4. Motorcycle and Bicycle Helmet Use Laws, INS. INST. FOR HIGHWAY SAFETY (June 2013), 5. Id. 6. See id. 7. Id.
3  HELMET LAW 3 have universal helmet laws, 28 states have partial helmet laws, and three states have no helmet laws. 8 After failed attempts under Governor Jennifer Granholm s administration, the Michigan Legislature recently took further action to amend the universal helmet mandate. 9 In March 2011, Senator Phil Pavlov introduced Senate Bill 291 to amend section 658 of the Michigan Vehicle Code. 10 The amendment would give individuals the option of wearing a helmet if certain requirements were met. The Bill originally read as follows: (3) A moped or an electric personal assistive mobility device shall not be used to carry more than 1 person at a time. (4) A person... less than 19 years of age operating a moped on a public thoroughfare shall wear a crash helmet on his or her head. A PERSON LESS THAN 21 YEARS OF AGE OPERATING OR RIDING ON A MOTORCYCLE SHALL WEAR A CRASH HELMET ON HIS OR HER HEAD. A PERSON 21 YEARS OF AGE OR OLDER OPERATING OR RIDING ON A MOTORCYCLE IS NOT REQUIRED TO WEAR A CRASH HELMET ON HIS OR HER HEAD IF HE OR SHE HAS HAD A MOTORCYCLE ENDORSEMENT ON HIS OR HER OPERATOR S OR CHAUFFEUR S LICENSE FOR NOT LESS THAN 2 YEARS OR THE PERSON PASSES A MOTORCYCLE SAFETY COURSE CONDUCTED UNDER SECTION 811A OR 811B. 8. Id. 9. See Media and Public Oppose Repeal of Helmet Laws, SMARTER-USA.ORG, (last updated Mar. 28, 2013). 10. S , Reg. Sess., at 423 (Mich. 2011).
4 4 THOMAS M. COOLEY LAW REVIEW  (5) Crash helmets shall be approved by the department of state police. The department of state police shall promulgate rules for the implementation of this section... UNDER the administrative procedures act of 1969, 1969 PA 306, MCL to Rules in effect on June 1, 1970, shall apply to helmets required by this act The Bill was read and referred to the Committee on Transportation. 12 In June 2011, the Committee recommended that Senate Bill 291 pass and be given immediate effect. 13 Even with this recommendation, some Senators were still opposed. Senator Morris Hood III argued that the Bill would hurt Michigan, stating that this Bill comes with a price tag and a toe tag. 14 He further argued that an amendment requiring motorcyclists to carry $500,000 in personal-injury protection was necessary. 15 This requirement would divert costs from taxpayers to motorcyclists. 16 Senator Hood stated: Supporters of repealing our helmet law like to talk about the positive impact on the economy, but without [an] amendment, it will put yet another unnecessary and undue burden on Michigan s already-strained taxpayers. Currently, motorcyclists don t carry [personal injury protection] insurance, and the costs of their injuries are born by the motorist s insurance if a 11. S. 291, 96th Leg., Reg. Sess. (Mich. 2011). 12. S , Reg. Sess., at 423 (Mich. 2011). 13. S , Reg. Sess., at 1437 (Mich. 2011). 14. S , Reg. Sess., at 1683 (Mich. 2011) (arguing that repealing the universal helmet law will result in an additional 30 fatalities and approximately $129 million in added economic costs to Michigan citizens each year). 15. Id. 16. Id.
5  HELMET LAW 5 car is involved in the accident. If a car is not involved, the cost of an accident is either left to the motorcyclist s health insurance, or if the motorcyclists is uninsured or has state-provided insurance... than we as taxpayers are left paying the tab. 17 Further, Senator Rebekah Warren argued that, regardless of the language, passing the Bill would be taking Michigan in the wrong direction. 18 [A]llowing Michigan residents to ride without helmets is putting their lives at risk. Isn t it common sense that helmets prevent fatalities much in the same way that seatbelts protect drivers and passengers?.... We have and enforce seatbelt laws and helmet laws to protect our motorists and motorcyclists. Today, we are seeking to pass a law that would put Michigan s motorcyclists in direct jeopardy and will surely result in the loss of more lives on our roads Despite protest within the Senate, the Bill was forwarded to the House of Representatives in June After the House read the Bill, it was referred to the House Committee on Transportation, which recommended an additional provision requiring motorcyclists to carry $20,000 of first-party medical benefits. 21 The House adopted 17. Id. 18. Id. at Id. 20. H.R , Reg. Sess., at 1966 (Mich. 2011). 21. Id. at 1969; H.R , Reg. Sess., at 2476 (Mich. 2011); see S. 291, 96th Leg., Reg. Sess. (Mich. 2011) (as passed by H.R., Nov. 2, 2011); see also H.R , Reg. Sess., at (Mich. 2011).
6 6 THOMAS M. COOLEY LAW REVIEW  the amendment and passed Senate Bill 291 in November The Bill was then returned to the Senate. 23 In March 2012, the Senate passed the Bill proposed by the House, and Governor Rick Snyder signed the Bill into law in April 2012, which took effect immediately. 24 The enacted statute reads as follows: (4) A person less than 19 years of age operating a moped on a public thoroughfare shall wear a crash helmet on his or her head. Except as provided in subsection (5), a person operating or riding on a motorcycle shall wear a crash helmet on his or her head. (5) The following conditions apply to a person 21 years of age or older operating or riding on a motorcycle, as applicable: (a) A person who is operating a motorcycle is not required to wear a crash helmet on his or her head if he or she has had a motorcycle endorsement on his or her operator s or chauffeur s license for not less than 2 years or the person passes a motorcycle safety course conducted under section 811a or 811b and satisfies the requirements of subdivision (c). (b) A person who is riding on a motorcycle is not required to wear a crash helmet on his or her head if the person or the operator of the motorcycle satisfies the requirements of subdivision (c). (c) A person who is operating a motorcycle and a person who is riding on a motorcycle are not required 22. H.R , Reg. Sess., at (Mich. 2011); H.R , Reg. Sess. at (Mich. 2011). 23. See H.R , Reg. Sess. at (Mich. 2011). 24. S , Reg. Sess., at , (Mich. 2012).
7  HELMET LAW 7 to wear crash helmets on their heads if the operator of the motorcycle or the rider has in effect security for the first-party medical benefits payable in the event that he or she is involved in a motorcycle accident, as provided in section 3103 of the insurance code of 1956, 1956 PA 218, MCL , in 1 of the following amounts, as applicable: (i) A motorcycle operator without a rider, not less than $20, (ii) A motorcycle operator with a rider, not less than $20, per person per occurrence. However, if the rider has security in an amount not less than $20,000.00, then the operator is only required to have security in the amount of not less than $20, B. Current Debate Although numerous studies indicate that helmet use prevents injuries and fatalities, there is still a debate about whether helmets should be required. Many Michigan residents understand the benefit of wearing a helmet. 26 The nature of the law has sparked numerous debates that have yet to be resolved. Motorcyclists argue that mandatory helmet use infringes on personal freedom and the right to travel. For example, American Bikers Aiming Toward Education of Michigan president, Vince Consiglio, argues that Americans are dying every day fighting for freedom and considers the option to wear a helmet such a freedom MICH. COMP. LAWS ANN (Westlaw 2013). 26. Traffic Fatalities and Costs, supra note Letter from Vince Consiglio, President, Am. Bikers Aiming Toward Educ. of Mich., to House Transp. Comm. (on file with the Mich. House of Representatives), available at
8 8 THOMAS M. COOLEY LAW REVIEW  Another motorcyclist, Glenn Poucher, argues that a helmet mandate is not only an unlawful invasion of individual rights, but also an invalid exercise of the state s police power. 28 While universal helmet laws have been challenged as unconstitutional based on the right to privacy, 29 the Michigan Supreme Court has upheld universal helmet laws as constitutional. 30 The Court held that the Legislature has the power to control and regulate the use of highways 31 and requiring helmet use by motorcyclists falls within this power. The Court further held that, in order for the State to regulate private rights, the interests must be for the common good. 32 The Court explained that a helmet mandate is for the common good because [i]f the helmet succeeds in mitigating what would otherwise be a fatal injury, then not only has the cyclist survived, but the automobile driver has not killed anyone. 33 Additionally, the Court described helmet mandates as a creative, relatively nonintrusive response of government to protect the public from detrimental technological change 34 and as a minor burden, the effects of which benefit not only both parties involved in an accident, but society as a whole. 35 Beyond the constitutional challenges, motorcyclists argue that helmet use should be optional because helmets do not prevent all fatal head injuries. 36 Yet head injuries are the leading cause of death 2012/Testimony/Committee pdf [hereinafter Letter from Consiglio] (urging that adult riders should have the option of wearing a helmet). 28. City of Adrian v. Poucher, 247 N.W.2d 798, 799 (Mich. 1976). 29. Am. Motorcycle Ass n v. Davids, 158 N.W.2d 72, 73 (Mich. Ct. App. 1968). 30. See Poucher, 247 N.W.2d at Id. (citing Smith v. Behrendt, 270 N.W. 227 (Mich. 1936)). 32. Id. (citing Kropf v. City of Sterling Heights, 215 N.W.2d 179, 186 (Mich. 1974)). 33. Id. at Id. 35. Id. 36. See Why Modify Michigan s Mandatory Helmet Law for Adult Choice?, ABATE OF MICHIGAN, (last
9  HELMET LAW 9 in motorcycle accidents, and a non-helmeted rider is 40% more likely to suffer a fatal head injury and 15% more likely to suffer a nonfatal head injury. 37 In the past decade, there have been significant advances in helmet-design technology. As a result, helmets are now designed and manufactured to afford more protection and to prevent injuries. 38 Due to the advancements in helmet technology, helmeted riders are less likely to suffer a fatal head injury. 39 Despite the improved performance of helmets, the incidence of fatal motorcycle crashes in the United States has been increasing in recent years, as the percentage of riders who use helmets has fallen from 71 percent to 58 percent nationally. 40 III. SOCIETAL COSTS From the moment of injury, society picks the person up off the highway; delivers him to a municipal hospital and municipal doctors; provides him with unemployment compensation if, after recovery, he cannot replace his lost job; and, if the injury causes permanent disability, may assume responsibility for his and his family s subsistence. We do not understand visited May 29, 2013) ( [T]here is no significant difference in the fatality rates of states requiring and not requiring the wearing of a motorcycle helmet. ). 37. NAT L TRANSP. SAFETY BD., STATEMENT OF CHRISTOPHER A. HART VICE CHAIRMAN 1 (Oct. 26, 2011), available at /Testimony/Committee pdf; Motorcycle Helmets, MICH.GOV, -,00.html (last visited May 30, 2013). 38. U.S. DEP T OF TRANSP., NAT L HIGHWAY TRAFFIC SAFETY ADMIN., REP. NO. DOT HS , MOTORCYCLE HELMET EFFECTIVENESS REVISITED 3 (2004), available at 39. Id. at Id.
10 10 THOMAS M. COOLEY LAW REVIEW  a state of mind that permits [a motorcyclist] to think that only he himself is concerned. 41 A. Impact of Florida s Partial Helmet Law Proponents of the partial helmet law argue that riders should have the choice to wear a helmet. They believe that motorcyclists are only harming themselves when involved in a collision, as they alone sustain the injury. 42 Similarly, riders believe that they should have the choice to wear a helmet. 43 But motorcyclists are not the only ones affected. In 2000, Florida repealed its universal helmet law. Florida now has a partial helmet law that is substantially similar to Michigan s. Florida s law requires a non-helmeted rider to be over the age of 21 and carry a minimum of $10,000 in medical-insurance coverage. 44 But Michigan s law requires a minimum of $20, The National Highway Traffic Safety Administration compared the three-year period before the repeal of Florida s universal helmet law to the three-year period after the law change. 46 When the universal helmet law was in place, nearly all Florida riders complied. 47 However, after the repeal, helmet use dropped to 47%. 48 Before the helmet law change, 9.4% of motorcyclists killed were not 41. Simon v. Sargent, 346 F. Supp. 277, 279 (D. Mass. 1972). 42. NAT L TRANSP. SAFETY BD., supra note 37, at 6 ( The argument regarding helmet laws is often framed in terms of personal choice... [and] typically invokes the idea that motorcyclists are only hurting themselves by deciding to ride unprotected. ). 43. See Letter from Consiglio, supra note See U.S. DEP T OF TRANSP., NAT L HIGHWAY TRAFFIC SAFETY ADMIN., EVALUATION OF THE REPEAL OF THE ALL-RIDER MOTORCYCLE HELMET LAW IN FLORIDA, at ii (2005), available at pedbimot/motorcycle/flamcreport/images/floridamcreportscr1.pdf [hereinafter NAT L HIGHWAY TRAFFIC SAFETY ADMIN. FLORIDA]. 45. See MICH. COMP. LAWS ANN (5)(c)(1) (Westlaw 2013). 46. NAT L HIGHWAY TRAFFIC SAFETY ADMIN. FLORIDA, supra note 44, at ii. 47. Id. at See id.
11  HELMET LAW 11 wearing helmets. After the helmet law change, 60.8% of motorcyclists killed were not wearing helmets. 49 An increase in motorcycle fatalities was not the only negative impact of Florida s partial helmet law. The number of motorcyclists admitted to a hospital with head, brain, or skull injuries increased more than 80% after the partial helmet law was enacted. 50 Acute care hospital gross charges more than doubled for motorcyclists admitted with head, brain, or skull injuries, increasing from $21 million to $44 million. 51 Of admitted motorcyclists, less than 25% of these injuries were covered by the $10,000 medical insurance required for those who chose not to use helmets. 52 Further, of those motorcyclists admitted with head-brain-skull injuries, 21% had costs covered by Medicare, Medicaid, or charitable donations. 53 These results are not isolated to Florida. In states that enacted partial helmet laws, the number of fatalities, injuries, and hospital costs increased. 54 States like Arkansas, Kentucky, Louisiana, and Texas repealed their universal helmet laws and then experienced a substantial increase in motorcycle fatalities, injuries, and costs associated with accidents. 55 Nationally, in 2005, there were 110,000 motorcycle accidents, resulting in $17.5 billion in costs of medical 49. Id. (reporting 515 motorcyclists killed from 1997 to 1999 and 933 motorcyclists killed from 2001 to 2003). 50. See id. at Id. (adjusted for inflation). 52. Id. 53. Id. ( 21% [of motorcyclists admitted for head injuries] had their costs... billed to charitable and public sources (e.g., Medicaid). ). 54. See id. at 4 8 (studying numerous states employing partial helmet laws). 55. Id. at 5; see also U.S. DEP T OF TRANSP., NAT L HIGHWAY TRAFFIC SAFETY ADMIN., EVALUATION OF THE REPEAL OF MOTORCYCLE HELMET LAWS IN KENTUCKY AND LOUISIANA (2003), available at injury/research/kenturky-la03/index.html; U.S. DEP T OF TRANSP., NAT L HIGHWAY TRAFFIC SAFETY ADMIN., EVALUATION OF THE REPEAL OF MOTORCYCLE HELMET LAWS IN ARKANSAS AND TEXAS, at i (2000), available at [hereinafter NAT L HIGHWAY TRAFFIC SAFETY ADMIN. ARKANSAS AND TEXAS].
12 12 THOMAS M. COOLEY LAW REVIEW  treatment, lost work, and quality of life. 56 Non-helmeted riders were involved in 36% of motorcycle accidents; however, 70% ($12.2 billion) of the gross charges associated with the crashes were attributable to those same riders. 57 The average gross charges per motorcycle accident for a non-helmeted rider were $310,000 compared to $71,000 for a helmeted rider. 58 These gross charges substantially exceed Michigan s $20,000 in medical-insurance coverage requirement. 59 If the injured motorcyclist is uninsured, Michigan taxpayers may be burdened. B. No-Fault Insurance Governor Snyder originally stated that he would not repeal the universal helmet law without insurance code reform. 60 But when the Governor signed the Bill, the insurance code had not yet been amended. 61 An insurance code reform may have deflected some of the costs associated with the partial helmet law from all motorists. The Michigan No-Fault Insurance Act (No-Fault Act) governs Michigan s automobile insurance coverage. 62 Under the No-Fault Act, insurance benefits are generally available to an individual who suffers an injury arising out of the use of a motor vehicle. 63 A motor vehicle, as defined by the statute, is a vehicle, including a trailer, 56. NAT L TRANSP. SAFETY BD., supra note 37, at Id. at Id. at MICH. COMP. LAWS ANN (Westlaw 2013). 60. Zoe Clark, Beneath the helmet: Why did Governor Snyder sign the helmet law repeal?, MICH. RADIO (Apr. 13, 2012), beneath-helmet-why-did-governor-snyder-sign-helmet-law-repeal ( [The Governor] said at first that [repealing the helmet law] wasn t on his agenda and then, if he was going to do it, he wanted it to be in the context of a[n] overhaul of the state s auto-insurance laws.... ). 61. Id. 62. JOHN M. CALLAHAN, THE INST. OF CONTINUING LEGAL EDUC., MICH. INS. LAW & PRACTICE: JUNE 2012 UPDATE 140 (Michael H. Fabian et al. eds., 2012). 63. See id.; see also (1) (stating that the insurer is liable to pay benefits for accidental injuries involving the use of a car).
13  HELMET LAW 13 operated or designed for operation upon a public highway by power other than muscular power, which has more than [two] wheels. 64 The statute specifically excludes motorcycles from the motor vehicle definition. 65 Because motorcycles are not defined as motor vehicles, motorcyclists are not required to purchase no-fault insurance for their motorcycle. 66 But generally, motorcyclists carry no-fault insurance on their other registered vehicles. And motorcyclists must still carry the first-party medical benefits. Motorcyclists who are injured in an accident may be eligible to receive the first-party benefits and the other motorists no-fault benefits. 67 Michigan s No-Fault Act is unique because unlimited personalinjury benefits are available to individuals with catastrophic claims 68 involving injury to the brain, and/or spinal cord which results in serious and permanent disability. 69 These benefits are available through the Michigan Catastrophic Claims Association (MCCA), which is funded by an assessment to every no-fault policyholder (2)(e). 65. Id. ( Motor vehicle does not include a motorcycle or a moped, as defined in... the Michigan vehicle code.... ). 66. See id. 67. See GEORGE T. SINAS & WAYNE J. MILLER, MOTOR VEHICLE NO-FAULT LAW IN MICHIGAN 47 (2011); see also CALLAHAN, supra note 62, at OFFICE OF FIN. & INS. REGULATION, DEP T OF LICENSING & REGULATORY AFFAIRS, MICH. CATASTROPHIC CLAIMS ASS N (Sept. 10, 2012), available at [hereinafter OFFICE OF FIN. & INS. REGULATION]. 69. Consumer Information: Claim Statistics, MICH. CATASTROPHIC CLAIMS ASS N, Statistics/tabid/2943/Default.aspx (last visited May 6, 2013). 70. OFFICE OF FIN. & INS. REGULATION, supra note 68.
14 14 THOMAS M. COOLEY LAW REVIEW  The current assessment is $ per insured motor vehicle. 71 This assessment does not apply to motorcycles. 72 The MCCA reimburses insurance providers once a claim has been paid in excess of the reimbursement threshold the current threshold is $500, This will increase in each odd-numbered year 74 by either 6% or the consumer price index, whichever is less, rounded to the nearest $5, Since the MCCA s formation in 1978, it has reimbursed insurance companies almost $10 billion for catastrophic injuries 76 with $500 million reimbursed for motorcycle injuries. 77 AAA projects that the universal helmet law repeal will result in 30 more deaths and 127 more incapacitating injuries annually. 78 Claims reported to the MCCA will likely increase as well as the assessment required to fund the MCCA. IV. PROPOSED SOLUTIONS First, both drivers and motorcyclists should be properly educated on road safety. Motorcyclists should also be required to complete continuing education to maintain a motorcycle endorsement. Although [t]he benefits of motorcycle safety education are 71. MICH. CATASTROPHIC CLAIMS ASS N, catastrophic.com (last visited May 30, 2013). 72. See MICH. COMP. LAWS ANN (1) (Westlaw 2013) (limiting No- Fault Act insurance to motor vehicles ); (2)(e) (excluding motorcycles from the definition of motor vehicles ). 73. SINAS & MILLER, supra note 67, at Id (2)(k). 76. Consumer Information: Claim Statistics, supra note MICH. CATASTROPHIC CLAIMS ASS N, COMPARISON OF MOTORCYCLE CLAIMS DATA & ASSESSMENTS EARNED (June 30, 2012), available at D&tabid= Traffic Fatalities and Costs, supra note 1.
15  HELMET LAW 15 unclear, 79 at the very least, motorcyclists will be exposed to the risks associated with not wearing a helmet. This continuing education may persuade motorcyclists that these risks are far too great. There may be fewer injuries and fatalities if more motorcyclists chose to wear helmets. 80 Driver-education programs should focus on motorcycle awareness. All drivers should be aware and vigilant while sharing the roads with motorcycles. The greatest way to prevent injuries and fatalities is to prevent the accident from occurring. By practicing safe-driving techniques, all drivers can help reduce accidents. In addition, by increasing statutory requirements, the Legislature will encourage helmet use. Currently, motorcyclists must have a motorcycle endorsement or license for at least two years, carry $20,000 or more in first-party medical benefits, and be at least 21 years of age. 81 Specifically, an increased age requirement will allow motorcyclists to gain the necessary experience before making the choice to ride without a helmet. Also, Michigan s Legislature should increase the first-party medical benefit requirement. These changes may encourage some riders to wear a helmet rather than purchase a large medical insurance policy. This legislative change will also prevent Michigan residents from incurring motorcycle accident costs. If motorcyclists were required to purchase more insurance coverage, the amount paid by MCCA would also decrease. This statutory amendment will ultimately save the State and all insured drivers money. Alternatively, reenacting the universal helmet law is the best solution for Michigan. As evidenced, universal helmet laws, like mandatory seatbelt laws, prevent injuries and save lives. Reenacting 79. Save Lives, Save Money: Michigan, CTRS. FOR DISEASE CONTROL & PREVENTION, Safety_MI.pdf (last visited June 15, 2013). 80. See id. ( A universal helmet law is the most effective way to reduce the number of people who are seriously injured or killed from motorcycle crashes. ). 81. MICH. COMP. LAWS ANN (Westlaw 2013).
16 16 THOMAS M. COOLEY LAW REVIEW  the universal helmet law is the most effective way to increase helmet use and prevent injuries and fatalities. 82 The universal helmet law will save Michigan and its citizens money because it will ease the burden on taxpayers who will be responsible for expenses incurred by nonhelmeted motorcyclists. Moreover, no-fault insurance rates and the funding for MCCA will not significantly increase, as projected, with the current partial helmet law. CONCLUSION The Michigan Legislature must examine the effects the partial helmet law has on motorcyclists and citizens. The partial helmet law is directly inconsistent with other safety initiatives currently in place. The law will be detrimental to riders and citizens who will be responsible for the costs associated with accidents. At a minimum, the solutions proposed in this Article will place some of the costs on the motorcyclists who choose to ride without a helmet. But reenacting a universal helmet law is the most beneficial solution for Michigan. AUDREY MARSHALL * 82. Ctrs. for Disease Control & Prevention, Helmet Use Among Motorcyclists Who Died in Crashes and Economic Cost Savings Associated With State Motorcycle Helmet Laws United States, , 61 MORBIDITY AND MORTALITY WKLY. REP. 425, 428 (June 15, 2012), available at /mm6123a1.htm?s_cid=mm6123a1_w. * Audrey Marshall is a third-year student at Thomas M. Cooley Law School. Before entering Cooley, she received her Bachelor of Science from Wayne State University. Audrey currently serves as a Senior Associate Editor of the Thomas M. Cooley Law Review.
Tennessee Motorcycle Helmet Law THOMAS O LYNNGER, M D VANDERBILT UNIVERSITY M EDICAL CENTER Outline Legislation in Tennessee Helmet laws in the news Statistics Arguments against helmet laws Repealing universal
SENATE STAFF ANALYSIS AND ECONOMIC IMPACT STATEMENT (This document is based only on the provisions contained in the legislation as of the latest date listed below.) BILL: SB 126 SPONSOR: SUBJECT: Senator
SENATE STAFF ANALYSIS AND ECONOMIC IMPACT STATEMENT (This document is based only on the provisions contained in the legislation as of the latest date listed below.) BILL: CS/SB 958 SPONSOR: SUBJECT: Banking
59202 Prepared by the North Dakota Legislative Council staff for the Transportation Committee March 2004 UNINSURED AND UNDERINSURED MOTORIST COVERAGE - HISTORY This memorandum reviews the law on uninsured
Department of Legislative Services Maryland General Assembly 2006 Session SB 163 FISCAL AND POLICY NOTE Senate Bill 163 Judicial Proceedings (Senator Hafer, et al.) Vehicle Laws - Protective Headgear Requirement
LIMITED-BENEFITS NO-FAULT POLICY S.B. 288 (S-3): ANALYSIS AS REPORTED FROM COMMITTEE Senate Bill 288 (Substitute S-3 as reported) Sponsor: Senator Virgil Smith Committee: Insurance Date Completed: 7-20-15
Motorcycle Safety & Laws Stewart Milner Chief Judge, City of Arlington 1 1. Safety What percentage of Riders involved in fatal Motorcycle crashes are over 40 years old? A. 25% B. 10% C. 33% D. 47% 2 2.
Collaboration to Preserve North Carolina s Universal Motorcycle Helmet Law Alan Dellapenna, Branch Head Injury and Violence Prevention Branch NC Division of Public Health Partners Agency Bill Review Resolutions
1 MOTORCYCLE HELMET LAWS The facts about motorcycle helmets can be quite simply summarized: they save lives and reduce serious injury. Consider the following: The U.S. National Highway Traffic Safety Administration
Statement before the Maryland House Environmental Matters Committee Motorcycle Helmet Laws Michael Fagin The Insurance Institute for Highway Safety is a nonprofit research and communications organization
STATE OF MICHIGAN COURT OF APPEALS JAMES PERKINS, Plaintiff-Appellee, FOR PUBLICATION July 18, 2013 9:00 a.m. v No. 310473 Grand Traverse Circuit Court AUTO-OWNERS INSURANCE COMPANY, LC No. 2011-028699-NF
Changing Tort Reform In Kentucky Christel Siglock By changing its current No-Fault and Tort law options, Kentucky could; 1) Reduce the number of lawsuits filed, 2) Thus reducing insurance company payouts
Mandatory Motorcycle Helmet Laws in the Courts and in the Legislatures Paul Ruschmann, J.D. Policy Analysis Division The University of Michigan Highway Safety Research Institute Presented At: The International
Delaware Listed on Policy Primary 15/30 ; Added benefits, up to $100,000 based on coverage purchased Florida -Fault & Owned and insured Medical Payments under the. If after 90 days of "residency" is established,
Motorcyclists and the Michigan No-Fault Law (2nd Edition) Important Questions and Answers By George T. Sinas SINAS, DRAMIS, BRAKE, BOUGHTON & MCINTYRE, P.C. ATTORNEYS AT LAW 3380 Pine Tree Road, Lansing,
Fact Checker A Check of the Facts in the Michigan Automobile and Home Insurance Consumer Advocate Report to the Governor, 2009 Published by the Insurance Institute of Michigan 334 Townsend, Lansing, MI
The Florida Senate Interim Project Summary 98-03 November 1998 Committee on Banking and Insurance Senator Mario Diaz-Balart, Chairman POTENTIAL IMPACT OF MANDATING BODILY INJURY LIABILITY INSURANCE FOR
RICK SNYDER GOVERNOR STATE OF MICHIGAN DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES LANSING ANNETTE E. FLOOD DIRECTOR Michigan Catastrophic Claims Association (MCCA) Update as of: April 14, 2015 What
JENNIFER M. GRANHOLM GOVERNOR STATE OF MICHIGAN OFFICE OF FINANCIAL AND INSURANCE REGULATION DEPARTMENT OF ENERGY, LABOR & ECONOMIC GROWTH STANLEY SKIP PRUSS, DIRECTOR KEN ROSS COMMISSIONER Michigan Catastrophic
Characteristics of Motorcycle Crashes in the U.S. Jeya Padmanaban, M.S. JP Research Inc., USA. 7 West El Camino Real, Suite 2 Mountain View, CA, 944 email@example.com Vitaly Eyges, PhD., JP Research,
SYMPOSIUM: THE FUTURE OF MICHIGAN NO-FAULT AUTO INSURANCE University of Detroit Mercy Law Review s First Annual Live Symposium 1 INTRODUCTION The University of Detroit Mercy Law Review hosted its First
9. Typical auto insurance benefits in both no fault and traditional States fall short of the needs of catastrophically injured victims. EXECUTIVE OFFICE INTER-COMMUNICATION From: KENNETH D. MERIN, DIRECTOR
This publication is distributed by the U.S. Department of Transportation, National Highway Traffic Safety Administration, in the interest of information exchange. The opinions, findings, and conclusions
Discussion Paper Concerning the Cap on Pain and Suffering Awards for Minor Injuries Office of the Superintendent of Insurance January, 2010 Introduction The Province of Nova Scotia regulates automobile
STATE OF MICHIGAN COURT OF APPEALS ESTATE OF TIMOTHY HUGHES, Plaintiff-Appellee, UNPUBLISHED January 23, 2007 v No. 259987 Oakland Circuit Court CITIZENS INSURANCE COMPANY, LC No. 2000-024949-CZ and Defendant/Cross-Defendant-
Florida No-Fault Auto Insurance: A Historical Primer Auto Insurance Fraud Strike Force Board Meeting Tallahassee, FL January 24, 2013 Lynne McChristian, Florida Representative Insurance Information Institute
2:08-cv-12533-DPH-PJK Doc # 67 Filed 03/26/13 Pg 1 of 7 Pg ID 2147 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION OLD REPUBLIC INSURANCE COMPANY, v. Plaintiff, MICHIGAN CATASTROPHIC
NEW JERSEY AUTO INSURANCE BUYER S GUIDE Chris Christie Governor Kim Guadagno Lt. Governor Commissioner WHERE DO I START?... 1 UNDERSTANDING YOUR POLICY... 2-6 Types of Coverages Standard and Basic Policies
ARKANSAS MOTORCYCLE ACCIDENTS: THE BASICS Deciding the Type and Extent of Compensation You May Be Entitled to in a Motorcycle Accident Takes Experience and Knowledge of the Law Regarding Personal Injury
COMMONWEALTH OF PUERTO RICO OFFICE OF THE COMMISSIONER OF INSURANCE RULE 71 SYSTEM FOR THE INITIAL DETERMINATION OF LIABILITY UNDER COMPULSORY MOTOR VEHICLE LIABILITY INSURANCE SECTION 1. LEGAL BASIS This
No-Fault Automobile Insurance By Margaret C. Jasper, Esq. Prior to the enactment of state no-fault insurance legislation, recovery for personal injuries sustained in an automobile accident were subject
NEW JERSEY AUTO INSURANCE BUYER S GUIDE Chris Christie Governor Kim Guadagno Lt. Governor Richard J. Badolato Acting Commissioner NJM Insurance Group offers personal auto insurance in the voluntary market
Michigan Supreme Court Lansing, Michigan Syllabus This syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. Chief
A GUIDE FOR PEOPLE INJURED IN A MOTOR VEHICLE ACCIDENT CONTENTS General information 02 Early payment of expenses 03 The Accident Notification Form (ANF) 03 Who can make a claim Other driver or owner at
Why Learn About No-Fault? Michigan No-Fault Law: What You Don t Know Can Hurt You Third Party Payer Day Mt. Pleasant, Michigan October 30, 2015 Robert E. Dice, Jr., Esq. Dice Law PLLC 25925 Telegraph Rd.
To: Commission From: Laura C. Tharney Re: Request from Member of Public to Change N.J.S. 39:6A-3.3 special automobile insurance policy Date: January 6, 2014 M E M O R A N D U M I received a copy of a request
STATE OF MICHIGAN DEPARTMENT OF LABOR AND ECONOMIC GROWTH OFFICE OF FINANCIAL AND INSURANCE SERVICES Before the Commissioner of Financial and Insurance Services In the matter of / Order No. 06-008-M Issued
House Bill 190 (AS PASSED HOUSE AND SENATE) By: Representatives Golick of the 40 th, Smith of the 134 th, Maxwell of the 17 th, and Powell of the 32 nd A BILL TO BE ENTITLED AN ACT 1 2 3 4 5 6 To amend
AGENCY AGENCY CUSTOMER ID: NEW JERSEY AUTO SUPPLEMENT NAMED INSURED(S) POLICY NUMBER EFFECTIVE DATE CARRIER NAIC CODE NEW JERSEY AUTO INSURANCE BUYER'S GUIDE New Jersey Department of Banking and Insurance
TITLE 13 CHAPTER 12 PART 3 INSURANCE MOTOR VEHICLE INSURANCE UNINSURED AND UNKNOWN MOTORISTS COVERAGE 188.8.131.52 ISSUING AGENCY: New Mexico Public Regulation Commission Insurance Division. [7/1/97; 184.108.40.206
Proposal 1 Cover letter I. M. Writer 520 Safe Drive St. Anytown, Anystate, USA 01000 (555) 555-1212 October 13, 2004 Mr. David Decider Director, Policy Branch Department of Highways 759 Main Rd. E. Suite
DIFS is an equal opportunity employer/program. Auxiliary aids, services and other reasonable accommodations are available upon request to individuals with disabilities. FIS-PUB 0077 (6/13) Number of copies
Supreme Court of Missouri en banc MARK KARSCIG, Appellant, v. No. SC90080 JENNIFER M. MCCONVILLE, Appellant, and AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Respondent. APPEAL FROM THE CIRCUIT COURT OF PETTIS
AN ACT concerning transportation. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Section 5. The Transportation Network Providers Act is amended by changing Section
STATE OF OKLAHOMA 2nd Session of the 47th Legislature (2000) SENATE BILL 1555 By: Helton AS INTRODUCED An Act relating to insurance; amending 36 O.S. 1991, Section 3636, as amended by Section 5, Chapter
Part I. Texas Department of Insurance Page 1 of 14 SUBCHAPTER RR. STANDARD PROOF OF HEALTH INSURANCE FOR MEDICAL BENEFITS FOR INJURIES INCURRED AS A RESULT OF A MOTORCYCLE ACCIDENT 28 TAC 21.5201 1. INTRODUCTION.
Act No. 204 Public Acts of 2012 Approved by the Governor June 26, 2012 Filed with the Secretary of State June 27, 2012 EFFECTIVE DATE: June 27, 2012 Introduced by Rep. Shaughnessy STATE OF MICHIGAN 96TH
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 14a0331n.06 No. 12-1887 ARTHUR HILL, JR., Plaintiff-Appellant, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT v. CITIZENS INSURANCE COMPANY OF
Motor Vehicle Accident Claims: What are your rights? If you or a loved one has been seriously injured in a motor vehicle accident, there are a number of critical decisions that must be made. Who will care
Large increases in motorcycle-related head injury deaths, hospitalizations, and hospital charges following the repeal of Pennsylvania s mandatory motorcycle helmet law Word count abstract: 80 Word count
MOTOR VEHICLE ACCIDENT CLAIMS ACT Act 198 of 1965 AN ACT providing for the establishment, maintenance and administration of a motor vehicle accident claims fund for the payment of damages for injury to
PIP BENEFITS AND DISQUALIFICATION INVOLVING NON-MICHIGAN RESIDENTS IN MICHIGAN WRECKS UNDER 3102, 3113(b), and 3163 2010 MAJ No-Fault Institute V Barry R. Conybeare Conybeare Law Office P.C. St. Joseph,
STATE OF MICHIGAN COURT OF APPEALS FARM BUREAU GENERAL INSURANCE COMPANY OF MICHIGAN, UNPUBLISHED August 20, 2015 Plaintiff/Counter-Defendant- Appellee, v No. 320710 Oakland Circuit Court YVONNE J. HARE,
Arizona Employment Law Letter For March 2006 Lewis and Roca Lawyers LLP 2006 WHAT S HAPPENING IN THE LEGISLATURE? By Sonya K. Parrish-Boun and Gregory Y. Harris The Arizona Legislature is back in session.
The Liability of Lessors and the Insurance Implications of Bill 35 The British Columbia Legislature recently took steps to cap the liability exposure of auto dealers and auto leasing companies. Included
This publication is distributed by the U.S. Department of Transportation, National Highway Traffic Safety Administration, in the interest of information exchange. The opinions, findings and conclusions
Transportation Network Companies: Insurance Industry Advocacy Toolkit This toolkit, developed by an insurance industry working group, is intended to provide guidance and resources for insurance industry
WHERE TO GET MORE INFORMATION AND HELP This Buyer's Guide is intended to provide general information to help you make coverage choices. It is not a substitute for the policy language, which governs. Additional
IN THE MATTER OF the Insurance Act, R.S.O. 1990, c.i.8, as amended, and Ontario Regulation 668. AND IN THE MATTER OF the Arbitration Act, S.O. 1991, c.17 AND IN THE MATTER OF AN ARBITRATION BETWEEN: STATE
UNITED SERVICES AUTOMOBILE ASSOCIATION NEW JERSEY AUTO INSURANCE BUYER'S GUIDE New Jersey Department of Banking and Insurance 999NJ(31) Rev. 6-04 Page 1 of 10 WHAT'S INSIDE WHERE DO I START? PAGE 2 UNDERSTANDING
THE TOP 10 QUESTIONS YOU SHOULD ASK YOUR CAR ACCIDENT LAWYER? Introduction After six straight years of decline, the National Highway Traffic Administration (NHTSA) reports that auto accidents, injuries
NEW JERSEY AUTO INSURANCE, BUYER S GUIDE BG-NJ (1/14) WHAT'S INSIDE WHEREDOISTART?...1 UNDERSTANDING YOUR POLICY...2 Types of Coverages Standard and Basic Policies What are Limits and Deductibles? UNDERSTANDING
0 Page of H. Introduced by Representative Botzow of Pownal Referred to Committee on Date: Subject: Insurance; transportation network companies Statement of purpose of bill as introduced: This bill proposes
Auto Insurance for New Mexico s Young Drivers Prepared for New Mexico s Young Drivers and Their Parents by: One of the major events in many people s lives is earning the privilege of driving a motor vehicle.
STATE OF MICHIGAN COURT OF APPEALS BRYAN F. LaCHAPELL, Individually and as Personal Representative of the ESTATE OF KARIN MARIE LaCHAPELL, UNPUBLISHED May 24, 2016 Plaintiff-Appellant, v No. 326003 Marquette
No-Fault: Michigan's Unique Auto Insurance Law Michigan is generally recognized as having a unique no-fault auto insurance law that mandates unlimited medical benefits for people buying auto insurance.
Community Motor Vehicle Collision Priority Setting Toolkit Part One Table of Contents Introduction! 3 How to use this resource! 3 The Issue of Injury! 4 General information! 4 Motor Vehicle Collisions!
1 of 8 6/25/2008 3:39 PM BULLETIN 96-7 FREQUENT PROBLEMS FOUND IN FILINGS Property and Casualty Lines Over the years we have found that insurance companies consistently fail to make their forms and filings
IN THE SUPREME COURT OF FLORIDA FILED THE TRAVELERS INSURANCE COMPANY and THE PHOENIX INSURANCE COMPANY, vs. Petitioners, CASE NO.: 85,337 BRETT ALLAN WARREN, Personal DISTRICT COURT OF APPEAL Representative
NEW JERSEY AUTO INSURANCE BUYER S GUIDE COMMERCIAL PPA EDITION For Individually Owned Private Passenger Automobiles Written on Commercial Insurance Policies WHAT S INSIDE WHERE DO I START?...PAGE 2 UNDERSTANDING
Cycling and the Law: Know your Rights! Patrick Brown Rights of The Injured Cyclist When a cyclist is struck by a car or truck, the injuries to the cyclist can be significant. It can have a dramatic impact
Crash Outcome Data Evaluation System HEALTH AND COST OUTCOMES RESULTING FROM TRAUMATIC BRAIN INJURY CAUSED BY NOT WEARING A HELMET, FOR MOTORCYCLE CRASHES IN WISCONSIN, 2011 Wayne Bigelow Center for Health
Government Vehicles Managing Liability Risk Financial Management Institute November 27 2012 Maxim No man hath endurance, as he that selleth insurance -anon 2 Our Organization and Role Acquisitions Branch
NEW JERSEY AUTO INSURANCE BUYER S GUIDE *C00179480010000001* 000001/00000 S1347I03 7668 07/23/12 PL-50074 (03-12) Page 1 of 9 WHAT S INSIDE WHERE DO I START?... UNDERSTANDING YOUR POLICY... Types of Coverage
MICHIGAN NO-FAULT LAW Your Questions Answered HALPERT, WESTON, WUORI & SAWUSCH, P.C. TRIAL ATTORNEYS 2010 1-800-400-9115 www.leadersinlaw.com Are you all right? While this may be the most important question
79172 Prepared by the North Dakota Legislative Council staff for the Transportation Committee November 2005 NO-FAULT INSURANCE IN OTHER STATES Saskatchewan has had no-fault insurance since 1946 and Puerto
The State of South Carolina OFFCE OF THE ATTORNEY GENERAL HENRY McMAsrER AT'ORNEY GENERAL The Honorable Glenn F. McConnell President Pro Tempore The Senate P. 0. Box 142 Columbia, S.C. 29202 Dear Senator
Michigan Catastrophic Claims Association Annual Report to the Commissioner Fiscal Year Ended June 30, 2012 The MCCA is a private, non-profit association whose mission is to protect the financial integrity
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Safe Auto Insurance Company, : Appellant : : v. : No. 2247 C.D. 2004 : Argued: February 28, 2005 School District of Philadelphia, : Pride Coleman and Helena Coleman
AUTO INSURANCE OUR MISSION IS YOU. AUTOMOBILE INSURANCE www.afi.org Our Mission Like those who serve our nation, AFI is dedicated to delivering protection and peace of mind. Our unwavering commitment to
November 4, 2004 No. OP-8280 This opinion is issued in response to questions from the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) about the accident reporting requirements
NEW YORK STATE BAR ASSOCIATION LEGALEase If You Have An Auto Accident If You Have An Auto Accident What should you do if you re involved in an automobile accident in New York? STOP! By law, you are required
This document is made available electronically by the Minnesota Legislative Reference Library as part of an ongoing digital archiving project. http://www.leg.state.mn.us/lrl/lrl.asp.~l' ''''d:.,j i.;'~\;