(23/03/2009)

Helmetless cyclists "to blame" for accidental injuries

A new legal ruling means that cyclists could be held partially responsible for injuries sustained during accidents if they are not wearing a helmet – even if the accident was not their fault.
The judgment was made in the High Court at the end of January following a case in 2005 when a cyclist was hit by a motorcycle as he waited in the centre of the road to turn right into a driveway.
The cyclist sustained severe brain injuries in the accident but the judge ruled that he contributed to the level of these injuries by not wearing a helmet.
Partner at the Paul Rooney Partnership, Simon Shaw said: “Whilst road safety is of paramount concern and I would always encourage cyclists to wear helmets, it is not compulsory unlike wearing seatbelts and motorcycle helmets. It is a great concern that a judge has said a cyclist sustaining injuries due to an accident in England and Wales while not wearing a helmet could be held partially responsible for those injuries.
“This has left the door open to insurers and their solicitors to argue that damages should be reduced in all cycle cases where the injured person was not wearing a helmet and could lead to a reduction in the levels of compensation being paid out.
“In our experience of other road accident cases, successful contributory negligence claims reduce payments from insurance companies by around 15- 25 per cent.
“Cycling helmets are not designed to withstand the high velocity impacts associated with an accident involving a car or motorcycle. They are simply not made of robust enough materials and their shape means they do not cover the entire head like a motorcycle helmet does.”
Chris Boardman, the former British racing cyclist and Olympic gold medalist, was recently quoted in a national newspaper as saying: “It’s ludicrous that someone should be penalised for not wearing a helmet. Helmets are not designed to take anywhere near the level of damage incurred in a crash.”
According to the Royal Society for the Prevention of Accidents (RoSPA) every year in the UK over 16,000 cyclists are killed or injured in reported road accidents, including around 2,500 who are killed or seriously injured.

Success Stories

Mr C Jones. "You have done a fantastic job from start to finish"

Mr P J Snowling. "I would not hesitate to use this company again"

Ms Wilkinson. "Thanks for taking the time out to enquire about my health, I can now see light at the end of the tunnel. I was dreading Christmas this year but the cheque I received from you has completely turned around my December and you have made a old woman very happy. Happy Christmas and good luck for 2010."

Mrs E Grugel. "Everyone concerned was very helpful."