Biker Dies, A Martyr For Freedom
Posted: Wed Oct 26, 2022 9:26 pm
https://tampabaytimes-fl.newsmemory.com ... &goTo=A001Biker’s death prompts new rules
A lawyer who fought Florida helmet laws died in a motorcycle crash on U.S. 19 while not wearing one.
BY NATALIE WEBER
Times Staff Writer
In the late 1990s, when Florida bikers were still required to wear helmets, Pinellas lawyer Ron Smith was an aggressive advocate for overturning the law.
Smith was a member of ABATE — A Brotherhood Against Totalitarian Enactments and American Bikers Aimed Toward Education — which lobbied against the law for years. He represented clients who ran afoul of Florida’s motorcycle requirements in court cases that some say helped overturn Florida’s helmet law.
One of the cases went all the way to the 2nd District Court of Appeal, which ruled that Florida’s helmet law at the time was constitutional, but that the Department of Highway Safety and Motor Vehicles had failed to properly publish a list of protective equipment as required by law.
Smith didn’t like being told what to do and valued his independence, said Dave Newman, who met the attorney through an American Legion post in Old Town where they were both members.
“He thought everybody should have their own choice,” Newman said.
In 2000, Smith’s aspiration was realized when the Florida Legislature passed a law allowing motorcyclists over 21 to go without head protection as long as they had $10,000 in insurance coverage for motorcycle accident injuries.
In August, Smith and his girlfriend, Brenda Jeanan Volpe, were riding a motorcycle on U.S. 19 in Pinellas County. They were headed to a memorial service for another biker who had died of cancer.
Smith crashed the bike as he tried to slow for traffic ahead of him. Both he and Volpe were killed.
Neither was wearing a helmet.
The crash
Smith and Volpe were on their first ride with the American Legion Post 173 in Holiday when they crashed.
Smith, 66, was an experienced rider. He had been a member of the American Legion rider’s group in Old Town for about two years, even serving as the rider director for a year. Volpe, 62, rode along as Smith’s passenger.
As they headed south on U.S. 19 on the morning of Aug. 20, Smith lost control of his bike as he tried to slow down for traffic near the intersection with Eagle Chase Boulevard. Smith’s motorcycle started spinning clockwise and the bike collided with a trailer attached to a pickup truck in another lane.
No one has been charged in the accident, said Florida Highway Patrol spokesperson Steve Gaskins.
It’s impossible to say whether a helmet would have prevented Smith’s and Volpe’s deaths, experts said. Smith’s autopsy report lists blunt head trauma as his cause of death and an initial report from the Hillsborough Medical Examiner’s Office also lists Volpe’s cause of death as head trauma.
“It’s entirely possible that if they were wearing a helmet they might have survived, but again, we can’t say for sure. It certainly would have improved their odds,” said Eric Teoh, who has researched motorcycle safety at the Insurance Institute for Highway Safety.
Helmets decrease the risk of death for motorcyclists by 37%, according to a study by the National Highway Traffic Safety Administration. They are estimated to be about 41% effective for motorcycle passengers, meaning that for every 100 motorcyclist deaths, 41 could’ve been prevented if the riders were wearing helmets.
In states without helmet laws, 57% of motorcyclists who died in 2020 were not wearing a helmet compared to 11% of motorcyclists in states with helmet laws. Fifteen states and the District of Columbia have laws requiring helmets for all riders on all motorcycle-type vehicles.
Florida’s death rate increased by 25% after its helmet law was repealed, according to one study, and the number of motorcyclists admitted to hospitals with head injuries jumped 82% in the 30 months following the law change.
Nationwide, “things are moving in the wrong direction,” with preliminary reports showing a 9% increase in motorcyclist deaths from 2020 to 2021, Teoh said.
“Motorcyclists face greater risk on the road than occupants of enclosed vehicles,” Teoh said. “So it’s just really, really important to protect themselves.”