"'The fact that Plaintiff was driving a motorcycle at the time of this occurrence, standing alone, may not be considered by you as evidence of contributory negligence or incurred risk on the part of the Plaintiff. Motorcycles are licensed by the State and are permitted to use the roads in the State. Their operators are entitled to the same legal protection that is afforded operators of any other vehicles. You may therefore not consider the possibility that motorcycles may be more hazardous than automobiles, to be any evidence that the Plaintiff was negligent merely by operating such a vehicle.'
"... The trial court refused the instruction and appellants now assign the refusal as reversible error.
[...]
"... There is no doubt but that the instruction is a correct statement of the law. However, Schroyer does contend that there is no evidence to support the giving of the instruction. At trial, one of Gail Hogston's treating physicians ... testified by video tape deposition. Upon cross-examination by defendant's counsel, the following colloquy took place:
[...]
"Q. Doctor, are motorccycle [sic] accidents one of the more common causes of this type of injury?
"A. Yes.
[...]
"Q. Turn to, if you would, page 872.
"A. O.K.
[...]
"Q. And about halfway through the paragraph, 'However, the chief offenders today,' and they're talking of the types of injury, I believe, 'are the combination of automobiles, motorcycles, careless driving, alcohol and improved, but often crowded and busy highways which invite excessive speed. This dangerous condition has not only greatly increased the incidence of plexus injuries, but also their severity and with it an inevitable increase in the incidence of nerve root avulsion. That most closed traction injuries follow trauma to the neck and shoulder in motorcycle and automobile accidents as shown in Table 65.1'. Doctor, what I have just read to you, do you agree with that?
"A. Yes.
[...]
"Q. What is the correlation, Dr. Berger, between a motorcycle accident and excessive speed?
[...]
"A. My feeling about motorcycle accidents, you know, runs along several lines. I think that one, it's a small vehicle and other people tend not to see it. I do believe that they frequently travel fast, but many times they are injured even when they're not traveling fast because people don't see them that they're going down the road. I think they are dangerous because they're small and unprotected whether at any speed.
[...]
"Q. I would ask that you--let me read to you from this article under 'Mechanism of Injury' and ask if you agree or disagree with the statement made, which I'm going to read to you. 'The most common mechanism of injury to the brachial plexus is traction, which is usually due to forceful distraction of the head from the shoulder in a fall. The kinetic energy imparted to the nerves will be determined by the violence of the trauma and the majority of patients with severe lesions are injured in motorcycle accidents. The mandatory use of safety helmets protects the wearer from a potentially fatal head injury only to survive with an injury to the brachial plexus.' Do you agree in general with that statement, Dr. Berger?
"A. Yes.
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