Comments on: What Gives States The Right To Mandate Use Of Motorcycle Helmets? http://www.zifflaw.com/NYInjuryLawBlog/what-gives-states-the-right-to-mandate-use-of-motorcycle-helmets Legal Answers from Lawyers Who Know New York & Pennsylvania Law Mon, 06 Feb 2012 15:03:01 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Adam Gee http://www.zifflaw.com/NYInjuryLawBlog/what-gives-states-the-right-to-mandate-use-of-motorcycle-helmets/comment-page-1#comment-2830 Adam Gee Thu, 04 Sep 2008 13:39:28 +0000 http://www.zifflaw.com/NYInjuryLawBlog/?p=341#comment-2830 Dave - Thanks for your reply. Insurance companies could try to condition coverage on wearing a helmet. They certainly disclaim coverage in other instances, such as where their insured is driving while intoxicated. The scary part is that it doesn't really have an end. Life jackets are already required in boats, and must be worn at all times by anyone less than 12 yoa in NY. As long as the government has a compelling state interest in mandating behavior, and the law the state passes is rationally related to that compelling state interest, the law will be constitutional. Just because it is constitutional doesn't mean it is a good idea, though. Thanks for reading, Adam M. Gee, Esq. Dave – Thanks for your reply. Insurance companies could try to condition coverage on wearing a helmet. They certainly disclaim coverage in other instances, such as where their insured is driving while intoxicated.

The scary part is that it doesn’t really have an end. Life jackets are already required in boats, and must be worn at all times by anyone less than 12 yoa in NY. As long as the government has a compelling state interest in mandating behavior, and the law the state passes is rationally related to that compelling state interest, the law will be constitutional. Just because it is constitutional doesn’t mean it is a good idea, though.

Thanks for reading,

Adam M. Gee, Esq.

]]> By: Dave http://www.zifflaw.com/NYInjuryLawBlog/what-gives-states-the-right-to-mandate-use-of-motorcycle-helmets/comment-page-1#comment-2774 Dave Wed, 03 Sep 2008 16:18:15 +0000 http://www.zifflaw.com/NYInjuryLawBlog/?p=341#comment-2774 Great post, I was curious about this as well. I wonder if it would be more effective for insurance companies to simply require their policy holders to use helmets on a motorcycle. I guess many state laws are different so this could be tricky. I do see your point on the disability payments to children, spouse, etc. That could become costly. I guess my concern is, where does it end? Mandatory life jackets on a boat because some people drown? What do you think? Is there is a certain number of deaths or a certain dollar amount that should cause these types of laws to be created? Great post, I was curious about this as well. I wonder if it would be more effective for insurance companies to simply require their policy holders to use helmets on a motorcycle. I guess many state laws are different so this could be tricky. I do see your point on the disability payments to children, spouse, etc. That could become costly.

I guess my concern is, where does it end? Mandatory life jackets on a boat because some people drown?

What do you think?

Is there is a certain number of deaths or a certain dollar amount that should cause these types of laws to be created?

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