WEAR YOUR HELMET

LAFAYETTE, NY (WSYR-TV) – New York State Troopers say one man is dead after a motorcycle crash near McClary Road and Route 11 in LaFayette on Saturday.

New York State Police say 55-year-old Philip Contos of Parish was part of a protest against motorcycle helmets.

Police say several motorists from the group ABATE (American Bikers Aimed for Education) of Onondaga County had come together to make a point that they didn't need their helmets.

The group was driving south on Route 11 in Lafayette around 1:30 p.m., headed toward Lake Como, just south of the Finger Lakes.

Police say Contos suddenly hit the brakes and lost control of the motorcycle.

According to troopers, Contos was thrown over his handlebars and hit the pavement as his 1993 Harley Davidson motorcycle skidded toward the guardrail.

Contos was still alive when crews arrived at the scene and was transported to Upstate University Hospital, where he was pronounced dead.

According to police, Contos was not wearing his helmet, as required by law. Witnesses say this decision was part of the protest.

Police say that based on evidence at the scene and from doctors, Contos would have survived if he had been wearing a DOT-approved helmet.

"The medical expert we discussed the case with who pronounced him deceased stated that he would've no doubt survived the accident had he been wearing a helmet," said Trooper Jack Keller.

Police are still investigating why Contos suddenly hit the brakes.

No other motorcycles were involved in the crash. Friends and members of the bike group put their helmets back on as they left the scene.

ABATE told NewsChannel 9 that they believe in freedom of choice and bikers know the risk when they ride without a helmet.

The Syracuse Chapter of ABATE President Christinea Rathbun has been riding motorcycles for 20 years and is on the front lines of protests to reform helmet laws. While her passion is not shaken, news of a comrade's death is disheartening.

"ABATE is very saddened and still shocked about the fact that we've lost another rider in Philip and that our hearts go out to him and our prayers as well," said Rathbun.

Police say ABATE was issued a permit to let members ride without helmets for a parade in Syracuse. The accident was in Lafayette and it was not considered a parade. That's a point police will be investigating.

Despite the doctors claim that a helmet would have saved Phillip Contos, Rathbun's views are unchanged. She said riders know the risks and will continue to fight for the right to choose how they ride.

"Obviously if he was out there today, he was protesting for his right of freedom to be able to wear a helmet or not wear a helmet. This is the 11th year. There has never been an incident until today," said Rathbun.

ABATE riders tell us they don't think Contos was a member of their group.

Police want to remind riders that many novelty helmets are not legal.

You can check with the department of transportation to make sure your helmet has been approved.

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