• 09
  • August
    2011

States from coast to coast are locked in debate over laws mandating helmets for motorcyclists. Bikers argue that the choice should be theirs and that education is more effective at preventing accidents. Proponents of these laws counter with their favorite argument: the public burden theory.

That theory goes something like this:

  • Motorcyclists ride unsafely and have a high accident rate
  • They go to the hospital and require expensive medical care for their injuries, which could be avoided if they had only worn a helmet
  • When the bill comes, their insurance is insufficient to cover their medical expenses
  • The American public has to pay for the remaining medical bills

There's only one problem with the public burden theory: It's completely false. A study on motorcycle accidents and insurance found that bikers actually relied less on public money than other motorists who were injured in accidents. Considering the tiny percentage of American health-care costs that are attributable to motorcycle accidents - a mere .00004% in 2006 - motorcyclists don't seem like such a burden after all.

How the Myth Affects Public Perception

However, non-bikers tend to view motorcycles as unusually dangerous, so the foundation of the public burden theory makes sense to them. The thought of bailing out a negligent biker may threaten voters' pocketbooks enough for them to buy into this flawed argument and support restrictive helmet laws.

This mindset also makes it more difficult for injured motorcyclists to recover damages for injuries caused by other negligent motorists. Jurors who buy into the public burden theory may base their decision on preconceptions about bikers and the risks associated with riding. If a jury believes that bikers are all careless drains on society, how fair can it be?

If you are injured in an accident while riding a motorcycle, please contact a personal injury attorney who will represent your interests in court and work to ensure that the jury is not swayed by the false premises of the public burden theory.