In terms of keeping themselves safe, the challenge facing motorcyclists is how to minimize the risk of motorcycle crashes posed 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 20th 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.