Attorney Fran Haasch
October 2008 Newsletter
www.LawFran.com

     Wow, what an event filled weekend!  The Fire and Iron Children’s Burn Foundation Benefit, Plant City’s 6^th Anniversary Party and The Heartland Riders Association’s 5^th Annual Run to the Heartland were all a great success.  We just posted the pictures from Plant City to www.lawfran.com, please check them out.

     I wish I could have attended all of these local events; however I was fortunate to be invited to The Motorcycle Charity Associates Leather Meets Lace 2 Party and Auction at the Playboy Mansion.  The event started Saturday morning with a Red-Carpet escorted ride with celebrities and motorcycle enthusiasts from around the world.  The ride began at the famous Kodak Theater, continued down Hollywood Boulevard to the Pacific Coast Highway and ended in Topanga near Malibu.  After the ride, everyone had a few hours to check out LA before being escorted to the Playboy Mansion for the Charity Auction.  .  The Mansion was even more beautiful than it appears in movies or on T.V.  Jenny McCarthy hosted the auction which benefited children with Autism. And, of course, the always debonair Hugh Hefner was in attendance with his own inimitable style.  It was a very exciting weekend for a great cause.  Check out www.lawfran.com to see pictures of the ride and the party at the Playboy Mansion.

     It was amazing to see an event on such a grandiose scale and really enforced the power of the biker community and how much “good” the biker community does for so many different causes each and every day.  I met people from all over the United States and Europe.  Many of the people were riding Harley-Davidsons, some were riding imports, others were riding beautiful custom bikes, but all of us were there sharing our common love of the open road.  We have a lot of great events coming our way in the next few weeks and months:  the West Coast Bike Rally on October 11^th & 12^th, the Leigh Nolan Memorial UPARC Event at Quaker Steak and Lube on Sunday November 2^nd, and the Palm Harbor 6^th Annual Bike Fest on Saturday November 22^nd.  Please make sure to get out there and support our local biker community.  Without you, none of this would be possible.

I hope to see you at the West Coast Bike Rally this weekend!

With many thanks,

Attorney Fran Haasch
Palm Harbor

Helmets- A Motorcycle Discussion Inevitability

     It is hard to write or talk about motorcycle helmets without ruffling a few feathers.  Keeping this in mind, take this commentary as an attempt to provide an objective look into everything helmet related.  Whether you ride on a regular basis or not, motorcycle helmets are bound to come up in conversation.  With gas prices where they are, more and more people are taking advantage of the miles per gallon that motorcycles and scooters offer.  You do not have to be a math genius to realize that with more motorcyclists on the road, crash statistics including fatalities are bound to go up.  However, do helmets really make motorcycling that much safer?

     Lawmakers seem to think so.  Back in February, the U.S. Transportation Secretary sent letters to both Dick Cheney and Nancy Pelosi introducing a bill that would allow states “to use funds from a grant under Section 2010 to promote the use of motorcycle helmets.  Under current authority, a State may use Section 2010 grant funds only for motorcyclist safety training and motorcyclist awareness programs.”  States have a vested interest in keeping citizens alive and safe for a multitude of reasons.  Thus, more deference is given to the paternalistic approach which would like to slap as much safety gear on you as possible.

     The problem with this approach is the fact that crash test data on the effectiveness of helmets is severely lacking.  It is discouraging to think that the most comprehensive motorcycle report concerning safety was published back in 1981 when “The Hurt Report” came out.  Given the advances in motorcycles and the safety gear associated with riding, a report that came out over 20 years ago, hardly seems sufficient.  The report also does not take into account the huge amount of distractions that modern drivers deal with, such as cell phones and GPS navigation.  That’s not to say that a good portion of the report still appears applicable.  According to “The Hurt Report” summary of findings, “[t]he failure of motorists to detect and recognize motorcycles in traffic is the predominating cause of motorcycle accidents.” 

     So what does the statistical data have to say about all of this?  The Florida Traffic Crash Statistics Report for 2007 shows that of the 550 motorcycle riders and passengers that were killed, almost 58% of them were wearing helmets.  This does not seem like a very effective safety measure when compared to vehicles with seatbelts and bicyclists wearing helmets.  Of the 1,972 deaths of drivers and passengers in vehicles with seatbelts, only 39% of those killed were wearing their seatbelts.  The only instance where helmets made an overwhelmingly positive impact was in bicycle fatalities.  Only 19% of bicyclists killed were wearing their helmets.

     The problem with statistical data is one that is inherent in all aspects of reports, news, etc.  Statistics are vulnerable to being spun and/or they do not give the complete picture.  Being told that “motorcycle fatalities have risen at an alarming rate,” seems like a pretty grim outlook.  However, this statement completely leaves out how there is a dramatic rise in registered motorcyclists on the road.  The same could be said about the percentage of motorcycle fatalities involving a helmeted rider.  Regardless of whether that percentage is higher or lower than that of un-helmeted riders, it does not give a complete picture as to why there is such a disparity. 

     Ultimately, there is not enough modern data to make the determination as to how effective helmets really are.  To say that motorcyclists are much safer with a helmet, jumps to a conclusion that simply can not be backed up with sufficient objective evidence.  This same sentiment applies to saying that helmets make no difference.  If someone were to ask a group of riders what they felt could be done to improve motorcycling safety the responses would probably make mention of improving rider training, educating drivers on being aware of motorcyclists, and designing roads with motorcyclists in mind.  Not only do riders have to watch out for other cars, but they must be wary of paint lines, manholes, potholes, lane reflectors, and other numerous hazards present on all roads.

     The beauty of it all rests in our ability as Floridians to choose how to protect our own noggins when we ride.  Instead of trying to impose your helmet beliefs on other motorcyclists, take solace in the fact that we are all two wheeled enthusiasts, helmet or not.                

For All of Your Shopping Needs

Online shopping giant Amazon.com has started selling motorcycle gear and accessories from over 500 different manufacturers. 

     "We are excited to offer motorcycle and ATV customers a huge selection, great prices and the convenience of Amazon's unique shopping experience," said Steve Frazier, vice president of Automotive for Amazon.com. "No matter what style of motorcycle they ride, both new riders and enthusiasts can find the tools, parts and accessories they need to upgrade their bikes, prepare for winter riding, venture off-road or perform routine maintenance."

Looks like that Amazon.com wish list will be getting a lot longer.

Upcoming Legislation

     This is just a reminder that CS/BH 137 went in to effect on October 1, 2008.  According to www.myfloridahouse.gov, this bill “[c]reates additional offenses regarding motor vehicle operation; requires operator of motorcycle or moped to maintain both wheels on ground at all times; requires that license tag of motorcycle or moped be affixed horizontally; provides additional penalties for certain offenses [going more than 50 mph over the speed limit]; provides for specified fine & revocation of person's privilege to operate motor vehicle.”

Motorcycle Safety Foundation Quick Safety Tip

     Apply effective mental strategies:  While riding a motorcycle, you rarely get the luxury of zoning out, even though car drivers often seem to be doing this.  Not only does a motorcyclist have to ride defensively, but they must ride as if they are part of a chess game, picturing moves far in advance.  Give yourself the space and time to react to potential hazards and to give other vehicles a chance to notice you.  Position yourself in the lane where you are most visible, i.e. if you are approaching an intersection in the left lane, be in the right part of the lane so the oncoming traffic does not turn into your path.  Lastly, always make your next move known to other vehicles while trying to anticipate their moves.

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