Although motorcycle riding has become more commonplace in the last couple of decades, there are still persistent, unfortunate, and untrue perceptions held about motorcyclists. Part of the job of a lawyer representing an injured motorcyclist is dispelling myths and misunderstandings about motorcycle riding and challenging the unspoken prejudices that are commonly held about bikers. Here, we discuss just a few of these myths, which motorcycle accident attorneys are responsible for debunking.

Riding a motorcycle is basically like driving

When a non-rider attempts to understand motorcycling through the lens of his experience driving a car, it invariably leads to a distorted picture, one that misses some important realities about the physics of motorcycles. For example, motorcycles are more responsive to the rider’s movements than cars. Another is that they are more susceptible to poor road conditions. However, they are also more maneuverable, which gives bikers more agility—and more of a chance to avoid an accident they see coming. The view that riding a motorcycle is basically like driving also obscures the many advantages of riding a bike over driving a car. Some of the following advantages benefit the motorcycle rider, but many benefit society as a whole.

Motorcycles…

• are far more fuel-efficient than cars and produce much less emissions.
• cut down on traffic.
• are less expensive to own and maintain.
• are easier to find parking for and take up less space.
• give their riders a sense of freedom, independence, excitement and focused relaxation, all of which amount to a meaningful psychological benefit.

Motorcyclists “come out of nowhere”

This is a line that one hears again and again in motorcycle accident cases. It’s typically uttered by the negligent driver who simply failed to see the rider and is trying to claim that, rather than being in plain view, the motorcyclist magically appeared all of a sudden, not giving the driver enough time to correct the mistake. Motorcycles don’t “come out of nowhere,” but it is true that, because drivers don’t see them, it can often seem as though this is the case.

One of the most common accident scenarios between cars and motorcycles is the “left turn,” in which a driver makes a left turn into an oncoming motorcycle. These accidents occur because the driver either doesn’t see the motorcycle at all, or decides that there is enough time to complete the turn.

The motorcyclist is almost always at fault

If one were to believe the mistaken assumptions we’ve discussed so far, what do you think would be the conclusion one would reach about motorcycle accidents in general? Unfortunately for accident victims, it’s what lawyers call a “presumption of guilt.” The motorcyclist is guilty until proven innocent. Even the judgment of police officers is not immune from this prejudice. It’s common knowledge among attorneys that motorcycle accidents very often yield police reports that are overtly slanted in favor of the driver and against the biker. In these situations, a qualified, experienced personal injury attorney should do his or her own investigation into the accident and may consult with experts in the reconstruction of motorcycle collisions in order to determine what really happened and with whom the responsibility rests. The result of this kind of investigation often reveals that the injured biker, if not for the driver’s lack of attention and familiarity with motorcycles, would have ridden away unscathed.

Many motorcycle crash attorneys are missing a key piece of knowledge that can help their clients get the compensation they deserve. There are numerous misunderstandings about motorcycling and prejudices about motorcycle riders that are all too common among the four-wheeled public, who comprise the majority of people in this country, a group to which the influential people in your personal injury case—the jurors, judge and insurance adjusters—are likely to belong.

Part of the job of a lawyer representing an injured motorcyclist—a critical part, often neglected, unfortunately—is dispelling these myths and misunderstandings about motorcycle riding and challenging the unspoken prejudices that are commonly held about bikers.

Consulting with an attorney who understands the biases and ignorance that the injured rider is up against can go a long way towards determining the outcome of your case. Below you will find just a couple of examples, which are only the tip of the iceberg when it comes to the number of these myths.

Motorcycle riders are aggressive and anti-social

Public attitude about motorcycling has thankfully improved over the last several decades. Not that long ago, bikers were almost universally assumed to be dangerous outcasts or criminals. Nonetheless, this prejudice still remains, albeit in a typically weaker form. Many people still assume, though sometimes subconsciously, that riding a motorcycle is equivalent to possessing certain personality traits that makes one dangerous companion on the road.

This, of course, is nonsense. Though motorcycling still carries the allure of a counterculture, it is thoroughly mainstream today. In 2005, there were in excess of 9 million motorcycles on the road in this country. As an attorney, successfully representing a motorcyclist injured in an accident means making sure that this worn-out stereotype does not color peoples’ judgment in the case.

Motorcycle safety is a contradiction in terms

It’s a well-known fact that riding a motorcycle carries a greater risk of injury and fatality than does driving a car. However, this neutral fact becomes detrimental to one’s case when it is taken to mean that riding a motorcycle safely and responsibly is impossible. Worse still is the assumption that motorcycle riding is inherently irresponsible and that, as a result, the injured rider should bear ultimate responsibility for any injuries he or she sustains on the road. This is a version of what lawyers call an “assumption of the risk” argument—the idea that, merely by riding a motorcycle, one accepts responsibility for any harm that arises out of the inherent risks of the activity. In other words, if you lie down with dogs…. For most people who think this way, however, it’s less a rational argument than a negative attitude towards motorcycling.

What the increased risk inherent in motorcycling actually means is that riding safely simply requires more attention, precautions and skill. It means that the safe rider, as a necessity, is more responsible than a safe driver.

In terms of keeping themselves safe, the challenge facing motorcyclists is how to minimize the risk of motorcycle crashesposed by drivers’ negligence, inattention or carelessness—not to mention their complete ignorance about motorcycles. That’s why, in my opinion, every rider—as well as every attorney representing injured motorcyclists—should be familiar with what’s popularly known as the “Hurt Report.”

Published in 1981, the Hurt Report is named after USC professor Harry Hurt, the study’s primary author. The professor and his team of researchers performed on-the-scene investigations of 900 motorcycle accidents and analyzed police reports from another several thousand. All accidents included in the study took place in urban or rural areas of Los Angeles, California, and—interestingly enough—every single researcher, including Hurt himself, was an avid motorcyclist.

The central questions motivating the study included the following: What are the most common causes of accidents? Which riders—in terms of their age, profession, level of experience, etc.—are most likely to be involved in an accident? What are the most effective measures to prevent accidents and minimize injuries?

It’s certainly true that a great deal of time has past since the study was published, and there have since been important changes in motorcycles, cars, roadways and the demographic makeup of motorcyclists themselves. Nonetheless, there is little doubt that the key findings of the study—described as “the most comprehensive motorcycle safety study of the 20^th century”—remain clearly valid.

So, what were these key findings? What can motorcyclists learn so as to better understand an accident they suffered and to prevent a future one? And what is it that attorneys should know so as to best represent their clients?

If you’ve been in a motorcycle accident, the first finding simply serves to confirm what you’ve probably learned the hard way: in the majority of multiple vehicle accidents involving a motorcycle, the driver of the car caused the accident by violating the rider’s right of way. The most common scenario is when a car turns in front of an oncoming motorcycle. If your attorney is familiar with this fact, he or she will be in a better position to demonstrate the driver’s fault and help you secure a fair and adequate settlement.

Since motorcyclists can’t control what cars do, and since it’s not the motorcyclist’s responsibility to raise drivers’ awareness of the two-wheeled vehicles with which they share the road, motorcyclists must reduce the likelihood—should they get in an accident—of a fatal or permanently disabling injury.

On this point, another key finding of the Hurt Report is the effectiveness of helmets, a fact that is now regarded as—forgive the phrase—a “no brainer” among motorcycle researchers and educators. The report concluded that fatal injuries are most likely sustained to the head. Further, it found that wearing a helmet is the single most effective measure one can take in reducing the likelihood of serious head injury, and that helmets do not—contrary to popular myth—impair rider’s attention, vision or hearing, nor do helmets increase the likelihood of neck injuries.

For reasons that I hope are now obvious, I encourage you to do your own research on the Hurt Report. Not only that, but you should feel free to ask any prospective attorney if he or she is familiar with motorcycle accident research like the Hurt Report. His or her answer may provide you with a valuable indication of the level of expertise that I believe is necessary to successfully represent injured motorcyclists.

Injuries from a motorcycle crash are not always physical—they can be emotional as well. In an upcoming episode of Oxygen’s “Tori and Dean: Home Sweet Hollywood,” the couple struggles with the aftermath of a motorcycle crash. Dean McDermott, married to former 90210 star Tori Spelling, crashes his motorcycle, suffers injuries, and tries to hide the crash from his wife. Tori soon discovers the truth. Can their marriage survive this motorcycle crash?

The episode will air on Monday, May 3 at 10pm ET/PT. Check out the show’s website for more videos and sneak peeks.

A Maryland man was found dead in his bedroom on Sunday morning after returning home after a motorcycle crash. Gerry Wane Hance, 53, lost control of his motorcycle and hit a tree around midnight. He appeared to be unharmed, and friends took him home. It is believed that he died of internal injuries resulting from the crash before he was found unresponsive at around 6:30 am and taken to the hospital. An investigation into the crash is still ongoing.

This tragic death points to the importance of seeing a doctor after a motorcycle accident. If you sustained an injury in your accident, no matter how minor you think it is, see your doctor immediately, or call 911 if necessary. This is important not only for your health, but also for the success of your claim. Some injuries you’ll be aware of immediately—abrasions or fractures, for example. However, many of the most common injuries don’t become symptomatic until hours and even days later. Damage to soft tissue occurs immediately, but you may not feel it for some time. That’s why it’s so important to see your family physician at once, and in person. That way, the doctor can give you a full evaluation and document your injuries. Because getting into an accident can be disorienting, you should make a plan for what you will do after an accident ahead of time and rehearse it in your mind. If you imagine yourself calmly calling 911 after an accident, explaining what happened in a clear manner, and cooperating with the police and paramedics, chances are you will do all these things if you are actually in an accident.

Click here to read more about this tragic motorcycle crash.