[net.cycle] The government preventing us from hurting ourselves

laura@hoptoad.uucp (Laura Creighton) (08/01/86)

In article <1022@im4u.UUCP> twichell@im4u.UUCP (Brian Twichell) writes:
>>The point is not that society is trying to save you from yourself,
>>Garry.  The point IS that unhelmeted motorcyclists cost alot of 
>>money when they are in accidents.  This money comes from 
>>the same pool of insurance money that the rest of us 
>>contribute to.  If unhelmeted motorcyclists will take on all 
>>responsibility to insure themselves (that is, have their own
>>separate insurance pool), then I will gladly allow them to take
>>the additional risk that coincides with riding without a helmet.

Actually, all the motorcyclists I know who ride without helmets
would bne interested in taking this risk.  The problem is that
it is not set up to enable them to do so.  When you look at this
as a problem you might then take a look at the insurance racket.
If you don't end up thinking that it is (not that it has to be,
and not that the concept of buying insuirance in itself is a
wrong) as practiuced today, exactly like paying protection money
to your local Mafioso enforcer, then I don't think that you have
looked hard enough.

Between the government and the insurance companies, we all have
to pay far too much.  If you want to drastically lower your
insurance bill, you are going to have to lobby.  My favourite 
ideas is to have a paper which one can sign which gives away
your right to sue in a given circumstance.  Not too long ago
I was kicked out of a tree by a Forest ranger.  It seems that he was
afraid that I might sue if I fell out of the tree.  The hell with
it.  Life is pretty bleak if I can't go climb a tree  when I feel
like it.  I would love to sign away my right to sue if I am injured
or killed while climbing a tree on National Forests. 

At somepoint I would like it if it were understood that if you were
killed or injured while driving a vehicle drunk, then you chose to
take your life in your own hands and nobody else shoudl be
in any way responsible for your injuries, et al.  (If you think
that this is the way your insurance works, read it again. and
Again.  A lady so drunk she could not walk fell in front of my
mother's car from between a hedge after she started up from a
stop at a stop sign.  She (my mother) was going >10 m.p.h. when 
she hit  the old lady.  Unfortunately, the lady was 65 years old and
broke a leg.


My mother went to court, after being sued by the old lady,  with the
full cofidence that any reasonable legal system would understand that
an old lady who had drabk illicit liquor (>7 bottles of beer in 3 hours)
at a place she was babysitting and got so drubk she had to hold onto a 
hedge to stand up let go of the hedge, and fell into the path of an oncoming
automobile that was not going more than 10 m.p.h beiong less than 20 feet from 
where my mother had made a full stop could not win a case againt her for 
damages.

Wrong-o.  Mymother got to pay dsamages, and in insurance money is still
paying for it in higher premiums a decade later.)

This is a rotten articel.  I apologise.  There are millions of
typos and I should delete words and whole sentences.  What you don't
realise is that I am typing a full paragraph ahead of the echoing
because of some bugs in CGI which make it use all of the CPU on
hoptoad....and John Gilmore is using it now.  I could wat until
he is done and fix this up, but I want to go to bed.  Typing
this damnb article has been frustrating enough as it is.

Pised off at Insurance and buggy software....

Laura


-- 
Laura Creighton		
ihnp4!hoptoad!laura  utzoo!hoptoad!laura  sun!hoptoad!laura
toad@lll-crg.arpa

cej@ll1.UUCP (One of the Jones Boys) (08/03/86)

>>If unhelmeted motorcyclists will take on all responsibility to
>>insure themselves then I will gladly allow them to take the
>>additional risk that coincides with riding without a helmet. 
> 
> (Laura points out that many would accept the responsibility if it
> were possible for them to do so.)
> Not too long ago I was kicked out of a tree by a Forest ranger. 
> It seems that he was afraid that I might sue if I fell out of the
> tree.
>
> [a pedestrian was] so drunk she had to hold onto a hedge to stand
> up. [she] let go of the hedge, and fell into the path of an oncoming
> automobile that was not going more than 10 m.p.h [the pedestrian]
> being less than 20 feet from where my mother had made a full stop.
> [The driver, Laura's mother, was successfully sued.]
> 
> Laura Creighton		

	It seems that the people in the U.S., manifested in our
legal system, are with increasing speed losing sight of any concept
of personal responsibility.  (I say the people in the U.S. since I
don't know if other countries find themselves in the same situation
in the U.S. does.).

	I was always taught (or did I just learn) that you may do
most anything, as long as you are fully and completely prepared to
accept the results of your actions.  That it is your social (and
personal) responsibility to be aware of all the results your actions
could cause, and win or lose, you take the outcome "like a man".
(I wish to imply no sexism by the above usage.  I thought for
several minutes, and could not think of a different phrase which
would say the same thing in short order.  If you know of one, please
let me know by e-mail, and will use it exclusively.)

	If you can't or don't want to take care of the situation
afterwards, don't play the game.  That is how I thought things went.
This, in my mind, means that you should be able to ride you bike
with no helmet, but either you cover the medical expenses, or you
get no extra-ordinary care for your head injuries.  In the case of
Laura's tree climbing, no suing the park and personnel (and it
seems Laura wouldn't).  Now if you are walking by the tree, and it
falls on you, that is a different story.  In the case of the drunk
pedestrian, I find it to be both an insult to, and a sad commentary
on, our society.  (Assuming the the pedestrian could not be seen,
and just fell in front of the car.)  If I drink, and I fall in front
of a car, it can only be my fault, and my responsibility.  And with
reguard to people suing bars because someone got drunk there, and
hit them, I almost could not believe it when the first case I heard
about found against the bar.  Does that mean that if someone gets
whiskey from a state store here in Ohio, where the state runs all
"package" store sales except for beer and wine, I can sue the state
for "letting" him get drunk?

	My question, and the reason I included net.legal in the
newsgroups, would be; Are the lawers responsible for the total
disreguard for the concept of personal responsibility?  Or is society
the driving force behind the lawers?  If I go to a lawer with a suit
he fees is B.S., but might win in todays courts, and I WANT
representation, why shouldn't he represent me?  Is today's society
only interested in personal freedom and personal responsibility when
it gets them what they want?


		The first one to see an illusion by which men have
		flourished for centuries surely stands in a lonely place.
			Gary Zukav - The Dancing Wu Li Masters

...ihnp4!ll1!cej			Llewellyn Jones

mat@amdahl.UUCP (Mike Taylor) (08/05/86)

In article <436@ll1.UUCP>, cej@ll1.UUCP (One of the Jones Boys) writes:
> >>If unhelmeted motorcyclists will take on all responsibility to
> >>insure themselves then I will gladly allow them to take the
> >>additional risk that coincides with riding without a helmet. 
> > 

Is there any evidence that unhelmeted motorcyclists increase the cost
of insurance vs. helmeted motorcyclists ? This is an area where anomalies
often occur. For example, the wearing of a helmet increases the probability
of surviving an accident (I think a generally well-documented fact).
However, this means other injuries must be treated (broken bones,
internal injuries, cuts, abrasions, etc.) at some expense. Whereas,
a motorcyclist who dies in an accident requires no further treatment,
and the insurance company has no long-drawn-out hospital stay to cover.
The higher survival probability attributable to the helmet may mean
a higher expected cost per accident for the helmeted motorcyclist.
While I'm not suggesting I know the facts either, I think that the
assumption that unhelmeted motorcyclists cost more to insure bears some
examination.
-- 
Mike Taylor                        ...!{ihnp4,hplabs,amd,sun}!amdahl!mat

[ This may not reflect my opinion, let alone anyone else's.  ]

ronc@fai.UUCP (Ronald O. Christian) (08/06/86)

In article <3519@amdahl.UUCP> mat@amdahl.UUCP (Mike Taylor) writes:
>[helmets increase the chance]
>of surviving an accident (I think a generally well-documented fact).
>However, this means other injuries must be treated (broken bones,
>internal injuries, cuts, abrasions, etc.) at some expense. Whereas,
>a motorcyclist who dies in an accident requires no further treatment,

In areas where helmet laws are enacted, spinal injuries increase.
It occurs to me that the reason for this is that people that would
normally be dead are now merely severly injured, due to their helmet
preventing them losing their grey matter.

You make an interesting point about dead people requiring less insurance
money than severly injured people.  Kind of negates the standard argument
about helmet laws, I.E., to save the taxpayer money, albeit in a bizarre
fashion.  Kinda reminds me of that kid in Arizona who said "if I'm going
to crash I'm not even going to hit the brakes.  I'd rather be dead than
spend my life paralyzed."  I wonder if he's still alive.  Me, I wear a
helmet.  Should I strike out, the insurance company is just going to have
to pay my hospital bill.  :-)

But I still think helmet laws suck.


			Ron
-- 
--
		Ronald O. Christian (Fujitsu America Inc., San Jose, Calif.)
		seismo!amdahl!fai!ronc  -or-   ihnp4!pesnta!fai!ronc

Oliver's law of assumed responsibility:
	"If you are seen fixing it, you will be blamed for breaking it."