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Safety is a crucial factor for motorcycle and bicycle riders, where helmets play a vital role in protecting lives. It is clearly understood that wearing a helmet protects the head during the impact of a crash. What is less well known is how a rider’s claim for damages is affected by not wearing a helmet, even if the accident is caused by the negligence of another party. State law in Ontario makes it mandatory for motorcyclists to wear a helmet, whereas cyclists over the age of 18 are not explicitly required to do so.
What is the Impact to a Personal Injury Claim?
If a rider was not wearing a helmet at the time of an accident, a judge may deem that rider guilty of contributory negligence, which could result in reduced compensation for personal injury sustained, if the other party is judged to be at fault for the accident.
A claim can be made by the ‘plaintiff’ (the injured party) for damages, if it can be proven that the ‘defendant’ was the party at fault. This is achieved by demonstrating that the defendant was in breach of their duty of care towards the plaintiff. For compensation to be awarded, the evidence must also show some type of monetary loss or ‘damages’ in addition to ‘injury’, since personal injury claims aim to recover losses suffered by the plaintiff. Personal Injury Lawyer in Brantford knows that damages may include pain and suffering, medical bills and loss of earnings.
In the event that the plaintiff was not wearing a helmet, a claim for damages may still be made, however, any compensation awarded could be reduced proportionately to the amount of responsibility the court deems the plaintiff should bear for these damages. This is known as contributory negligence. The defendant may be fully at fault for causing the collision but only partly accountable, for instance two thirds, for the seriousness of the injury to the plaintiff. The remaining accountability is the plaintiff’s. The court might thus reduce the plaintiff’s compensation by one third.
What is the Impact to Safety?
When a head is protected by a helmet, the force of the impact from striking a hard surface such as the ground, is partly absorbed by the helmet. The injury rates for motorcyclists have reduced by almost 70% and fatalities by almost 40% due to riders wearing helmets. There is a demonstrable correlation here.However, wearing a helmet, be it for a motorcycle or a bicycle, will not protect the wearer from concussion – this is the condition caused by the brain moving within the skull and is the result of a sudden increase or decrease in speed, as is often with collisions.