Cyclists are not obliged by law to wear a
helmet, however, the use of a cycle helmet which conforms to current regulations is recommended in the
Highway Code.
The British Medical Association strongly recommend their use when cyclists are using the public highway and especially in the case of children.
Many of the rules in the Highway Code are legal requirements, disobeyment of which is a criminal offence. Although failure to comply with the other rules of the Code, will not in itself cause a person to be prosecuted, The Highway Code may be used in evidence in any court proceedings to try and establish or dispute the liability which is in question in those proceedings (Road Traffic Act 1988).
Contributory negligence may be a factor if cyclists don't wear a helmet
The question of
contributory negligence in cases where a cyclist has sustained some form of head injury (be it a minor laceration or significant brain injury) continues to rage on between Solicitors and Insurance Companies. Insurers tend still, to seek to apply a blanket 25% deduction for failure to wear a helmet which is not justifiable and has little if any, legal basis.
The law on this area is complicated and a useful summary of the current position can be found in the attached article by
Dr Julian Fulbrook. Presently, although the issue is likely to be reviewed by the Court before too long, it is more likely than not, that a finding of fault would be made on the part of a cyclist for failing to wear a safety helmet but only, if the injury in question was sustained to the head and in so way would have been minimized or avoided completely, had a safety helmet been worn. That issue in turn, will be a matter for medical and other experts to determine since a
safety helmet may not have assisted in certain types of impacts. For example, recent medical opinions suggest that wearing a helmet can make little difference in serious accidents.
The issue of
contributory negligence related to the non wearing of a
cycle helmet is one that will be determined on a case by case basis, until the Courts are invited to deal with the matter once and for all.
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