Cycle Helmets and Personal Injury Law: What You Need to Know
Every so often, the world of personal injury is catapulted into the national news.
And so it was when Gordon Ramsey, the well-known celebrity chef, put out a message that he was lucky to be alive after a really bad accident in the US.
Whilst he didn’t explain what had happened, he posted a video showing a very bruised side and a broken cycle helmet that he stated had saved his life.
His words were stark:
“You’ve got to wear a helmet, I don’t care how short the journey is. I don’t care that these helmets cost money, they’re crucial.… Please please wear a helmet, if I didn’t, honestly, I would be here now.”
So, a ringing endorsement for protecting your head by the world’s most sweary chef.
How Effective Are Cycling Helmets?
Even so, the evidence for helmets providing much protection over and above minor falls is not that persuasive, and maybe this impacts how the Courts approach cyclists who are injured while not wearing a helmet.
Cycle helmets are tested to withstand an impact similar to an average rider travelling at 12mph falling onto a stationary kerb-shaped object from a height of one metre.
So, helmets are not tested or expected to offer full protection to cyclists who collide with a moving vehicle.
It goes without saying that speeds and forces in such collisions can be far higher than those used in laboratory testing.
But I suspect most would agree that helmets are a good thing.
I certainly wear one when I ride and won’t let my daughters out without one (despite their protestations about how uncool they look).
So, how does the law deal with cycle helmets?
Is It Illegal To Ride A Bike In the UK Without A Helmet?
Firstly it is important to remember that there is not a legal obligation on cyclists to wear one.
At most, the Highway Code recommends it saying this:
“You should wear a cycle helmet that conforms to current regulations, is the correct size and securely fastened”.
However, the Highway Code also states that pedestrians should wear reflective materials (e.g., armbands, sashes, waistcoats, jackets, footwear) when it is dark.
One can only speak for themselves, but I can’t recall seeing many fluorescent sashes when walking back from the pub.
How Does This Affect Personal Injury Law?
So, will a Court be critical of an injured cyclist who is not wearing a helmet?
If they are, then they do this by finding what is called contributory negligence, where a deduction in the award of damages is made to reflect the level of fault.
The Courts seem to have sidestepped this issue and seem to be interested in answering the question of whether, as a matter of fact, wearing a helmet would have made the injury less likely.
If it does not then it seems that the issue is dismissed.
In the reported case of Phethean-Hubble v Coles, the Court held that the Defendant had failed to prove that it was more likely than not that a significant albeit small part of the complex pattern of injury would have been prevented.
No deduction was made for a failure to wear a helmet.
So medical experts, and indeed engineering experts, are key here.
Testing is able to estimate the impact duration and give some probability for a traumatic brain injury, which can provide medical experts with more objective evidence upon which to base their opinion when it comes to medical causation.
Certainly, it is the position that each case will be dealt with on its own set of facts.
But it is also my experience that Courts appreciate that putting extra burdens on cyclists reduces the uptake of active travel, and therefore, there is a public policy issue at play here.
After all, no one wears a helmet in Holland, and due to their infrastructure, head injuries from cycling accidents are negligible.
If we are to make cycling safer, it is vital that drivers have a greater appreciation of cyclists’ vulnerability.
After all, cycle helmets do not prevent crashes from happening in the first place.
Contact Bennett Griffin
If you have been injured in a cycling accident or need legal advice about personal injury law, contact our team today.
You can call Tim Ransley on 01903 229937 or email tr@bennett-griffin.co.uk.