What Causes Motorcycle Accidents

By: Kevin Stouwie
Board Certified, Personal Injury Trial Law
Texas Board of Legal Specialization

Although many people express anecdotal opinions about why there are so many motorcycle accidents, much of what you might hear is simply incorrect. There is no doubt that motorcycle accidents occur often, and even “minor” motorcycle accidents can produce significant injuries. I have personally represented several riders who sustained very serious injuries, and I have also owned a few motorcycles over the years, including my present bike, a 2005 Harley. Therefore, I have an important ongoing professional and personal need to know as much as I can about motorcycle accidents; how they are caused, and how they can be prevented.

In 1998, there were 2,284 motorcycle accident fatalities reported in the United States. By 2006, according to The National Highway Traffic Safety Administration (NHTSA), 4,935 people were killed riding motorcycles of all different kinds. The vast majority of these fatalities, or 4778, occurred while the rider was on a 2 wheeled, street legal motorcycle. This dramatic increase in motorcycle crash related deaths (more than double the deaths per year in just 12 years) seems to suggest that this tragic problem will not go away anytime soon, and may continue to grow worse. However, the problem has been recognized for quite a long time.

More than 30 years ago, a major motorcycle accident study was commissioned and funded by NHTSA. The study, concluded in 1981, was conducted by experts and professionals from several important scientific disciplines, led by Dr. Hugh J. “Harry” Hurt, Jr. The unfortunate irony of the lead author’s surname has not been lost on those of us who have litigated serious motorcycle accident cases.

The study that Dr. Hurt led, required that each of the experts involved be an experienced motorcycle rider in order to participate in the research. Their important work lasted over 5 years, and cost millions of dollars. It was conducted at The University of Southern California, and involved the careful study and analysis of information from literally thousands of accidents. The purpose of the study was to arrive at conclusions about the causes, and look for ways to avoid the frequency and severity of accidents. The final report, The “Motorcycle Accident Cause Factors and Identification of Countermeasures,” is the most comprehensive work on the causes and avoidance of motorcycle accidents ever produced.

Although there is a tremendous amount of information and data contained in the report, including over 50 findings and conclusions, some of the most important findings for the lawyer who represents motorcyclists injured, or their heirs in cases involving wrongful death, are summarized below.  Some of the more significant, “big picture” findings include:

• Approximately three-fourths of the motorcycle accidents involved a collision with another vehicle, usually a passenger         automobile.
• Approximately one-fourth of the motorcycle accidents studied were single vehicle accidents involving the motorcycle colliding with the roadway or some fixed object in the environment.
• Vehicle failure accounted for less than 3% of the motorcycle accidents studied, and most of those were single vehicle accidents where control was lost due to a puncture flat.
• In the single vehicle accidents, (approximately 25% of all motorcycle accidents) motorcycle rider error was present as the main accident precipitating factor in about two-thirds of the cases, with the typical error being a slide out and fall due to over braking or running wide on a curve due to excess speed or under-cornering.
• Roadway defects (pavement ridges, potholes, etc.) were the accident cause in 2% of all accidents; animal involvement was the cause in 1% of the accidents.
• In the multiple vehicle accidents, (approximately 75% of all motorcycle accidents) the driver of the other vehicle violated the motorcycle driver’s right-of-way and caused the accident in two-thirds of those accidents.

The above finding is very important for the attorney representing motorcycle accident victims, as it demonstrates that, without knowing a single fact about the accident itself, a rider injured in a collision with another vehicle has a 66% chance of being the innocent victim of another driver’s negligence.

Other important findings from the study include the following:

• The failure of motorists to detect and recognize motorcycles in traffic is the predominating cause of motorcycle accidents. The driver of the other vehicle involved in a collision with the motorcycle either did not observe the motorcycle before the collision, or did not see the motorcycle until it was too late to avoid the collision.
• Deliberate hostile action by a motorist against a motorcycle rider is an extremely rare accident cause. The most frequent accident scenario involves the motorcycle and cars approaching from opposite directions, with the motorcycle proceeding straight ahead as the automobile makes a left turn in front of the oncoming motorcycle.
• Intersections are the most likely place for a motorcycle accident, with the other vehicle violating the motorcycle right-of-way, and often violating traffic controls as well.
• Weather is not a factor in 98% of motorcycle accidents.
• Almost half of the fatal accidents show alcohol involvement.
• The median pre-crash speed was 29.8 mph, and the median crash speed was 21.5 mph, and the one-in-a-thousand crash speed is approximately 86 mph.
• The use of heavy boots, jacket, gloves, etc., is effective in preventing or reducing abrasions and lacerations, which are frequent and can be very painful, but are rarely life threatening injuries.
• Motorcycle riders between the ages of 16 and 24 are significantly over-represented in accidents; motorcycle riders between the ages of 30 and 50 are significantly under represented.
• Injury severity increases with speed, alcohol involvement and motorcycle size.
• The typical motorcycle accident allows the motorcyclist less than 2 seconds to complete all collision avoidance action.
• Voluntary safety helmet use by those accident-involved motorcycle riders was lowest for untrained, uneducated, young motorcycle riders on hot days and short trips.
• Helmeted riders and passengers showed significantly lower head and neck injury for all types of injury, at all levels of injury severity.
• There is no extra risk for neck injury by wearing a safety helmet; helmeted riders had less neck injuries than unhelmeted riders. Only four minor injuries were attributable to helmet use, and in each case the helmet prevented possible critical or fatal head injury.
• The use of the safety helmet is the single critical factor in the prevention of reduction of head injury; the safety helmet which complies with FMVSS 218 is a significantly effective injury countermeasure.

Dr. Hurt, the author of the benchmark study from 1981, said he had always assumed a new study would be conducted, sooner or later. In 2005, Congress budgeted $2.8 million for a new motorcycle crash study, providing that motorcyclists, manufacturers, and other motorcycle related organizations would match that amount. The funding for this study is still about $2 million short, as of March, 2009. Although a study will eventually take place, it will still be years before there something will provide anywhere near the quantity or quality that Dr. Hurt and his team provided back in 1981.

If you or a loved one is injured or killed in a motorcycle accident, the choice of your lawyer may be very important to the success of your case.  Motorcycle crashes are often litigated rather than settled without a lawsuit.  Therefore, one important factor you may want to consider is whether your attorney has the courtroom experience to handle the case.  You may also want to see if your lawyer is a Board Certified Personal Injury specialist.  Finally, you would certainly want to know who is going to represent you.  Some law firms have a popular or commonly known head of the firm, who may or may not be a respected personal injury trial lawyer.  However, regardless of who owns a firm, what may be more important to you is what lawyer is actually going to assume the responsibility of representing you in your specific case.

ABOUT THE AUTHOR: Kevin Stouwie
Mr. Stouwie, a motorcycle owner and rider himself, has dedicated his professional life to helping people. His law firm, Stouwie & Mayo, is a premier San Antonio area Personal Injury law firm dedicated to helping people who have suffered damages caused by others. The firm’s clients come primarily from the San Antonio area and surrounding counties. However, the firm does handle select cases throughout the state of Texas. Clients of the firm have recovered monetary compensation in thousands of cases over the years. Mr. Stouwie, a Board Certified Injury Trial Specialist, and his partner, Chris Mayo, have just one mission in their law firm; fight hard for the rights of every single client, and then get the client the best result possible. The firm successfully handles a wide variety of case types from small automobile accidents to wrongful death cases. Mr. Stouwie prides himself in being approachable and personally attentive to all clients..

This article is for informational purposes only. It is not intended to provide legal advice, as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.