Recognition of the substantial vulnerability of persons operating or riding motorcycles has resulted in legislative efforts to reduce deaths and injuries by requiring cyclist to use devices to protect their heads and eyes. This commentary reviews these requirements in the context of comparable requirements of the uniform vehicle code, indicates that state laws requiring use of such devices have generally been upheld by the courts, and briefly discusses the effect of not using helmets on the motorcyclist's right to receive compensation for his injuries. The study found that: 1. Forty-five jurisdictions have laws requiring protective headgear for motorcyclists. Laws in 41 of these jurisdictions conform substantially with the uniform vehicle code requirements. 2. Thirty-four jurisdictions have laws requiring eye protective devices for motorcycle operators. 3. Laws requiring the use of motorcycle helmets have been upheld in at least 30 jurisdictions while being held invalid in only two.
Samenvatting