This is really all about legal outcomes. And it's a chicken/egg scenario.I've heard Paul talk about how wearing a helmet in the Elio would be unsafe but after a number of searches I haven't found any studies to substantiate this claim. Is this just gut feel and marketing or is there actually some studies that can support this?
The concept of design and test proves out just the outcome tested. Anything else is undefined. Basically the airbag/environment typically are designed to fit the normal geometry expected from the human body. The points of contact and timing can affect what happens to the neck and other body parts. A test can represent what is the outcome of the expected case. I would advise Elio Motors to NOT test this case of helmet use.
Therefore, using a helmet, untested, would enter into a unknown or set of unknowns. Given the case of neck and head/brain injuries, the simple potential damage is high.
Really, all laws favor a known over unknowns. If a legislature doesn't go along, they take on the potential for a legal action. Basically, having real data to support no-helmet, EM wins that fight, eventually. So they don't have to prove out danger from wearing a helmet, they only have to prove safety without it. Unless the State first just banns the car, which isn't the case as yet, and isn't likely.
So lets says someone wears a helmet in a state that requires it. They get hurt and sue Elio. Elio can counter/pass that back to the State with the complaint EM recommended no helmet. Someone getting hurt would likely just go directly at the State, using the Elio data to support their law suit.
Engineering realities would translate the implications of a full car-body from a four wheeler to a three.
It has never been tested in court, that I know of, anyone wearing a helmet(on the street, not while racing), getting hurt then suing the automaker. It's likely implied that wearing a helmet is an unexpected/unauthorized choice by the person hurt, and the automaker can't be held liable for related injury.
Let's say a state banns the Elio because helmets are required but untested. Elio can again relate bodies for 4 wheelers to three and sue as technically unjustified. Eventually EM would win and I don't think any state wants that can of worms.
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