Can I Claim Compensation For Cycling Without A Bike Helmet?
Does The Failure To Wear A Cycle Helmet Affect My Claim For An Injury?
By Daniel Archer. Last Updated On 31st March 2022. If you’re wondering ‘can I claim compensation for cycling without a bike helmet?’, this guide can help.
No matter whether you were wearing a bike helmet or not, the most common form of accident from a cycling accident and the most common type of claim we see are for head injuries. A questions that we are asked is whether you can claim compensation for cycling without a bike helmet. So, if you have been involved in a bike accident and were not wearing a helmet, does this prevent you making a compensation claim?
Under bicycle helmet law UK, it is not compulsory for you to wear a cycling helmet when riding your bike. However, the Highway Code does recommend (in rule 59) that all cyclists wear cycling helmets which meet current safety standards, and which are the right size for your head so that they can be fastened securely in place.
However, despite this advice being made available to the public at large and targeted to cyclists, you can still see many people riding without a helmet on the UK’s roads. As schemes such as London’s Santander sponsored bike hire scheme have meant that the number of people cycling without a bike helmet has increased.
In the guide below, we look at how a personal injury solicitor can help you to claim compensation for cycling without a bike helmet if you are injured. If you need to contact us, call us today on 0800 073 8804. Or, talk to us about your claim online.
Select A Section
- A Guide To Who Is At Fault When Cyclists Are Injured Without Wearing A Helmet
- How Much Protection Do Cycling Helmets Offer?
- What Are Bicycling Helmet Laws In The UK?
- Does Riding Without A Helmet Affect Brain Injuries In Accidents?
- How Does Contributory Negligence Affect My Claim?
- Does Not Wearing A Helmet Make Me At Fault?
- Calculating Compensation For Cycling Injuries Without A Helmet
- No Win No Fee Cycling Accident Without A Helmet Claims
- Contact Legal Expert Today
- Useful Links
If you’re wondering ‘can I claim compensation for cycling without a bike helmet?’, this guide can help.
If you became involved in a bike accident on the UK’s roads without wearing a cycling helmet you could be wondering whether or not you would be able to make a claim for compensation for cycling without a bike helmet. If the accident was not your fault, but you weren’t wearing a protective headgear, can you claim?
In the rest of this guide we look at under what circumstances you would be able to make a claim and if so, how much your compensation claim could be.
Before we answer ‘can I claim compensation for cycling without a bike helmet?’, let’s look at the importance of wearing a helmet.
What are the effects of a bike accident without helmet? If you have suffered bike injuries without a helmet you could be wondering whether or not a helmet could have offered you much more protection.
Research from the UK’s Bath University has shown that motorists often afford cyclists who are wearing cycling helmets much less room when driving passed them than those riding without a helmet, where they displayed much more caution.
As drivers gave cyclists with helmets on less room they were more likely to be pushed into potholes or over drains and faced a higher chance of suffering an accident. As such the failure to wear a cycle helmet may not affect your claim. The same research also showed that cycling helmets did help in accidents at lower speeds.
However, in high speed collisions with cars and other vehicles they did not offer the rider much protection against consequences such as a brain injury or broken bones. This research had been supported by other studies.
Cycling helmets are often designed to protect against a brain injury at speeds up to 12 mph, cycling speeds. Anecdotal evidence has shown that wearing a helmet could increase the chances of suffering a rotational injury to the neck, though this does need further research.
Critically for your case, the consensus (shared by the courts) is that wearing a helmet is much safer than not doing so.
To answer ‘can I claim compensation for cycling without a bike helmet?’, we need to first look at the laws in place surrounding this.
Can you claim compensation for cycling without a bike helmet and what does the law say? Bicycle helmet law in the UK does not (currently) require you to wear a cycle helmet. However, there have been attempts to change the law and bring in better regulation, similar to the wearing of seatbelts in cars. Arguments that have been made against changing laws on the failure to wear a cycle helmet have included the following:
- The fact that fewer people will participate in cycling if wearing a helmet is compulsory/ mandatory.
- The prevalence of the idea that people are safer when wearing a helmet leading to reckless cycling habits.
- Data contesting how much safer helmets make people.
A the moment the wearing of a cycling helmet is only a recommendation in the Highway Code, rather than something which can be enforced. One reason why you should wear a bike helmet is that if you are injured in an accident that was not your fault when not wearing one, you could be liable for contributory negligence.
Get in touch with our advisors if you have any additional questions regarding cycle helmet law in the UK. We are available 24/7 to assist you.
If you’re wondering ‘can I claim compensation for cycling without a bike helmet?’, you may also be wondering why wearing a helmet is deemed so important.
Whilst it is important to look at does wearing a helmet affect your bicycle compensation claim, a much bigger questions is will it help prevent brain injuries? A large scale study from Australia (where it is compulsory to wear a helmet) shows that wearing a helmet reduces your chances of suffering a serious head injury by around 70%.
Whilst this compulsory law has reduced the number of people who regularly cycle, there has been a significant reduction in the number of serious head injuries or those suffering a severe brain injury, reducing these by 51%. The odds of suffering broken bones or a fracture in the face were also reduced by doing so.
If you’re wondering ‘can I claim compensation for cycling without a bike helmet?’, you should know about contributory negligence.
According to UK law, if you have in some way contributed to the losses or injury you suffered as a result of an accident, even if the accident was not your fault, the courts may reduce the amount of compensation that you are awarded in proportion to the amount of contributory negligence applicable.
A good way to look at this is if the courts determine that you were equally liable for your injuries as the person who caused the accident, they could reduce your bicycle injury claim amount by 50% to account for this. It is common for the other party to contest the level of their liability if you were not wearing a cycling helmet. The courts will look at two aspects, were you at fault for not wearing a helmet and did this contribute to the severity of your injuries?
Reach out today for more information on bicycle helmet laws in the UK.
When making a bicycle injury claim, not wearing a helmet does not necessarily mean that you were at fault for your injuries. Whilst there are good reasons to wear a helmet, as they are not a legal requirement the law does not say that the failure to wear one amounts to contributory negligence.
The courts looking at your claim for a bike accident would simply accept that by not wearing a helmet, you ran a greater risk of contributing to your own injuries. They would then assess the merits of your individual case and claim. The court will look at factors that could have determined whether or not you should have worn a helmet such as the road conditions, levels of traffic, and how much experience you have cycling overall.
For more information on the question of ‘can I claim compensation for cycling without a bike helmet?’, please read on.
As well as compensation for your injury itself (often called general damages) which is set out in the table below, you can also recoup other types of special damages compensation as part of a personal injury claim. Other costs which you could be able to recoup through a personal injury claim include medical costs and the cost of travelling to and from medical appointments. Loss of earnings may also be owed to you.
The table below contains some example figures from the Judicial College Guidelines (JCG). This is the publication that legal professionals will use to assist them in calculating your general damages sum. Medical evidence will also be used to help them do this.
Body part and severity of injury Settlement band Injury notes
Very severe brain damage/ injury £264,650 to £379,100 This bracket is the highest level of compensation awarded, though more serious injuries may acquire a higher settlement.
Moderately severe brain damage/ injury £205,580 to £264,650 The claimant may be somewhat dependant on others over the medium term.
Very severe scarring - disfigurement of the face £27,940 to £91,350 The highest settlements will be given to younger women.
Significant disfigurement of the face £7,270 to £23,980 Disfigurement can be corrected by surgery and any mental health problems can abate over time.
Minor back injuries £7,410 to £11,730 Much simpler back injuries than the subsequent categories.
Moderate back injuries £26,050 to £36,390 Moderate soft tissue injuries which you can recover from over the medium term.
Severe back injuries £34,000 to £141,150 The severe category of injury such as serious breaks and which will lead to loss of mobility.
Moderate ankle injuries £12,900 to £24,950 Less serious fracture of the ankle and other similarly severe injuries.
Severe ankle injuries £29,380 to £46,980 Much more serious and complex fractures, or several fractures to the ankle.
The figures in the table above are illustrative and your settlement may be lower.
All of our lawyers work with their clients on a No Win No Fee basis. When claiming under an arrangement such as this, a certain percentage of your settlement is awarded to your lawyer following a successful claim. This percentage is capped by law and none of it is paid in advance.
If your No Win No Fee claim is not successful, then you are not required to pay this percentage to your solicitor.
Whether you’re wondering ‘can I claim compensation for cycling without a bike helmet?’ or you’re ready to make legal proceedings, please don’t hesitate to get in touch today.
Contact Legal Expert by calling us on the number above, via the contact form on this page, or by sending us an email to email@example.com.
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‘Can I claim compensation for cycling without a bike helmet?’ and other FAQs
Is it the law to wear a cycle helmet?
No. You can legally cycle without the use of a helmet. However, the Highway Code recommends that you do wear one. Some evidence suggests that they can reduce the risk of serious head injuries, and even fatal ones.
Additionally, if you are not wearing a helmet and sustain a head injury from being hit by a car, contributory negligence may be considered. This means that you may have contributed to the injuries you sustained, in this case, by not wearing a helmet you sustained worse injuries than if you had worn a helmet. This may affect the level of compensation that you’re awarded.
For more information on contributory negligence, please get in touch with our team on the number above.
How dangerous is it to ride a bike without a helmet?
Cyclists riding without helmets are more prone to injury. These can range from minor bumps to concussion and even brain damage. In some cases, a severe head injury can be fatal, so it’s important to prevent this as much as possible by wearing an appropriate helmet.
Is cycling on the pavement illegal?
According to the highway code, cyclists must not ride on a public pavement. There is an increased risk of colliding with pedestrians, who are more vulnerable to injury upon impact as they lack the outer shell of protection that cars have.
Do I have grounds to make a claim?
Providing you suffered damage as a result of third-party negligence, and that third party owed you a legal duty of care, you could be entitled to claim compensation.
It may not affect your eligibility just because you were not wearing a bike helmet, as the Law in the UK does not state that you must wear one. This is true for cyclists of any age.
How long do I have to make a claim?
The personal injury claims time limit is typically 3 years from the date of accident or date of knowledge but exceptions apply in certain cases.
Can I claim on behalf of my child?
Yes, if you wish to make a child injury claim on their behalf while they’re legally unable to as they’re yet to reach their 18th birthday, then you could assume the role of a litigation friend.
Do I need a lawyer?
Although there’s no legal requirement for claimants to have a lawyer, their expertise could help guide your case towards success, easing the process of securing the maximum compensation you deserve.
How can I contact Legal Expert?
Either call the number at the top of this page or refer to our contract section for other options on how to get in touch.
If you were involved in a cycling accident in Scotland find out information such as a the personal injury claims time limit and how much compensation you could be awarded.
Find out more about making a cycling accident claim with Legal Expert by reading our comprehensive guide.
Find out how to make a claim if a family member or friend was killed in a cycling accident.
Find out how much you could be owed.
Read about whether or not you can still claim.
Our guide on this topic.
Thanks for reading our guide. We hope we’ve answered the question of ‘can I claim compensation for cycling without a bike helmet?’.