Motorcycles: To be Seen or Not be Seen, That is the Question

There are well over 4 million motorcycles registered in the United States.  One can only assume that the initial low cost of a motorcycle and the good fuel efficiency will cause that number to dramatically increase during our present economic downturn.  According to a recent motorcycle safety study authored by the National Highway Transportation and Safety Administration, motorcycle fatalities represent approximately 5% of all highway fatalities each year, yet motorcycles represent just 2% of all registered vehicles in the United States.  A significant portion of motorcycle operators killed in traffic crashes are the result of the failure on the part of the driver of the other vehicle to see the motorcycle and its operator in time to avoid the crash.

Experienced motorcycle operators always assume that they are invisible to other motorists.  Avoiding the blind spot to the left and right rear of any vehicle may be the difference between life or death for a motorcycle operator.  In addition, there are a number of other actions that can be taken by operators of motorcycles to increase their ability to be seen.  Brightly colored clothing with reflective material, a light colored helmet, and illuminated headlights increase rider visibility to other motorists in any lighting condition, but especially at night.  A recent New Zealand study confirmed that wearing conspicuous attire does affect the risk of having an accident.  Wearing fluorescent clothing reduces the risk of a crash injury by 37%, wearing a white helmet by 24%, and riding with headlights illuminated by 27%.

Despite these attempts to be seen by responsible and experienced motorcycle operators, other motorists continue to cause accidents by pulling out in front of motorcycles.  Human factor experts have provided testimony in motorcycle accident cases regarding the at-fault driver’s contention that they “didn’t see” a motorcycle coming toward them in the opposite lane.  These experts discussed the phenomenon of an object traveling directly towards an observer, which is more difficult to see, as it is not crossing the observer’s field of vision.  Another interesting experiment is to attempt to judge the speed of an object coming directly toward you.  This can be extremely difficult to do against a stationary background.  Motorists not using the highest degree of care will often turn in front of motorcycles claiming that they thought they had enough time to complete the turn.

This exact scenario was dealt with by our law firm in a recent motorcycle accident.  “Steve” was on his way to work one morning on a flat undivided highway with the rising sun to his back.  A car operator turned left right in front of Steve leaving him no time to react in order to avoid the collision.  The car operator provided the typical line…”I never saw him coming until it was too late.”  Steve’s training and experience in proper crash avoidance techniques allowed him to survive this accident.  He was a recent graduate from the Experienced Riders Course of the Motorcycle Safety Foundation (MSF).  As a part of the course, emergency techniques such as maximum brake stops and avoiding obstacles in the road were taught and practiced.  Steve credits this course with providing him the necessary techniques to avoid substantial injury or death.

The collision was not avoidable.  Steve severely fractured his left elbow with associated tendon ruptures of his left arm.  He underwent immediate surgery to repair these injuries requiring internal fixation and tendon rupture repair.  Adding insult to injury, the insurance carrier for the at-fault driver attempted to place a significant share of the fault on Steve for his “failing to avoid the accident” and “excessive speed”.  Both allegations were without any factual basis.  Shortly after our firm was hired, the insurance carrier agreed to settle for the maximum amount of money available from the at-fault driver’s policy.

Motorcycle operators can employ various strategies to decrease the risk of being injured in an accident.  These strategies include relatively inexpensive measures such as adding light sources to your bike and the use of light, bright, reflective, or fluorescent colors.  Also, an understanding of your positioning in relationship to other motor vehicles may save your life or prevent serious injuries.

While responsible or experienced motorcycle operators can answer the questions by responding, “I want to be seen!”  Other motorists still have a responsibility to share the road with motorcycles.

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