Wearing a cycling helmet
With more and more people taking to their bikes, cyclists of all ages and abilities are at risk from being involved in serious cycling accidents that could have a devastating impact on their lives and families.
Of all cyclists killed in crashes involving a motor vehicle, nearly 75% suffered a head injury. However, only 17% of those cyclists were wearing a helmet. This helps to highlight just how wearing a helmet when cycling on the roads could be the difference between life and death.
Helmets and the law
There is currently no law in the UK that requires cyclists to wear helmets when cycling. However, the Highway Code suggests that cyclists should wear a cycling helmet “which conforms to current regulations, is the correct size and securely fastened.”
At What’s My Claim Worth we strongly feel that helmets should be made compulsory for all cyclists. This would not only cut down on the number of serious head injuries suffered by cyclists each year, but also help cyclists get proper compensation for their personal injury claims.
Will wearing a helmet affect your claim?
In assessing a claim for compensation, the Courts 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%.
Helmet camera evidence
Some cyclists wear helmet cams, and there is no reason why helmet cam footage could not be submitted as evidence, in the same way, CCTV footage is used in other accident claims.
You would need to download the footage to a CD, along with a certificate (preferably countersigned by a solicitor) stating that it had not been altered in any way. You would also need a witness statement to accompany any helmet cam footage in order to use it as evidence.
Cycling helmet case study
One recent case that we have dealt with involved a client who was taking part in a cycle race organised by his employers as part of a team building exercise.
During the race, he collided with another cyclist and fell off his bike. The accident caused 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.
The Court found that both parties were responsible for the accident. The employer was negligent because they failed to 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 with.
Had a cycling accident?
Should you be unfortunate enough to be involved in a cycle accident involving a vehicle, don’t hesitate to contact our specialist team of lawyers who will assist you by taking down all your details.
At What’s My Claim Worth, we understand that it can be a very difficult and daunting time for you, and we will do everything we can to get you the appropriate cycling accident compensation you deserve.
Estimate your potential claim using our Claimometer or speak to our personal injury lawyers today.