A High Court Judge has recently announced that cyclists who injure themselves and fail to wear the correct protective clothing and helmet will not receive the full amount of personal injury compensation which they would have been entitled to.
Mr Justice Griffith Williams came to this decision after reports showed that personal injury compensation claims will be cut by up to 15 per cent.
The decision also came about when cyclist Mr Robert Smith, who is 29 years of age, was knocked down from his bike, which was not due to any fault of his own and he sustained a serious brain injury.
Mr Justice Griffith Williams ruled: “There can be no doubt that the failure to wear a helmet may expose the cyclist to risk of greater injury.”
This new decision for personal injury compensation for cyclists has been criticised, where numerous people state that the decision is unfair as helmets do not protect against personal injuries, especially in high speed and extremely serious crashes.
Mr Martin Porter, who is a personal injury lawyer has commented on this matter and said:
“It is really very worrying. It is a retrograde step to blame innocent cyclists for not wearing a helmet. There is an interesting parallel between a cyclist not wearing a helmet and a pedestrian not wearing a helmet.
“By the same logic, pedestrians not wearing helmets are also at risk of contributing to their own injuries.”
It has been urged by the British Medical Association that cyclists should wear protective helmets and that they should be made compulsory, stating that: “Doctors working in accident and emergency see at first hand the devastating impacts cycling injuries can have.”
Rebecca Montague, one of the specialist personal injury lawyers at Macks Solicitors, said “The above case of Smith-V-Finch demonstrates the need for people injured in accidents to obtain expert legal representation. Defendant insurers and solicitors often argue that claims be subject to reductions without any clear supporting evidence.”
“The claimant in Smith v Finch won 100% of his damages. There was in fact no definite evidence that wearing a helmet would have made any difference to Mr Smith’s head injury.”
If you would like advice on making a claim following a bike accident a personal injury lawyer at Macks Solicitors will be happy to discuss this with you without any obligation. Macks Solicitors have many years successful experience in handling claims such as the one above and can help you achieve the maximum award available for your bike accident injuries.
