In a recent case an employee was taking part in a cycle race which was part of a team building exercise with colleagues. During the race he collided with another cyclist and fell off his bike. This accident caused the employee brain damage. He brought a claim against his employer for compensation for his head injury and other losses as a result of the bicycle accident.
Although there were a number of helmets available on the day, it was not compulsory to wear a helmet and he was not wearing a helmet at the time of the accident. Medical evidence suggests that the impact of a head injury would be significantly reduced if a cyclist was wearing a helmet.
The Highway Code recommends that ‘you should wear a cycle helmet which conforms to current regulations and the helmet should be the correct size and securely fastened’. This does imply the importance of wearing a helmet while riding a bike although the opinions of the public are varied.
The Court found that both parties were responsible for the accident. The employer was negligent because they failed to actually tell the employees that they needed to wear helmets. The employee was found to have been two thirds contributory negligent for failing to actually wear the helmet which had been provided.
In assessing a claim for compensation, the Court will consider whether a cyclist was wearing a helmet and the impact this has had on the level of injury sustained. The Courts will generally reduce the amount of compensation awarded if the Claimant was not wearing a helmet however, in the past such reductions have been less than 66%. In a serious case such as this, involving a head injury, this could be hundreds of thousands of pounds.
At WMCW we strongly feel that helmets should be made compulsory for all cyclists. This would hopefully cut down on the number of serious head injuries suffered by cyclists each year. It would also mean that cyclists would be properly compensated for their personal injury claims.
If you would like to speak to an expert personal injury lawyer with regard to your bicycle accident compensation claim please contact us on 0800 849 2220.
Bicycle accident claims can feature:
- Bicycle hit by car claims
- Bicycle hit by another cyclist
