Ask most people to name a piece of safety gear to wear whilst cycling and the odds are that a cycling helmet will be the first item they list. Wearing a cycling helmet not only provides you with vital protection from head injuries and brain damage in the event that you are involved in an accident, but it can also have an effect on cycling injury claims. Increasingly courts deciding cycling injury compensation claims are looking at whether the cyclist was wearing a helmet at the time of his or her accident.
One case in particular that has been covered recently was that of Reynolds v Strutt & Parker LLP. In that case, an employee on a team building day organised by his employers had taken part in an off-road cycling race and had collided with another cyclist, receiving serious head injuries which left him brain-damaged. Mr Reynolds took his employer to court to recover cycling injury compensation. Whilst the court did find in favour of Mr Reynolds, as his employers had not undertaken a risk assessment for the team building activities, the compensation he received was reduced by two thirds, partly due to his decision not to wear a cycling helmet, even though helmets were available on the day.
This case is not the first cycling accident claim where an accident victim’s compensation has been reduced by a court because they were not wearing a helmet. It is however the first case of its type to involve an accident between two cyclists, as previous similar claims have all been road accidents involving cyclists who have been hit by motor vehicles.
If you’d like to find out more about claiming cycling compensation, visit My Cycling Claim.
Author: Neil Worrall