Despite the volume of cyclists across the UK and the increasing popularity of cycling as a pastime and a primary form of transport, cyclists are rather left in the dark about what protection cycle helmets provide and the law surrounding cycling accidents and protective helmets.
So what are the legal implications of not wearing a helmet in the event of a road traffic accident - and is the use of cycle helmets in the UK discretionary or compulsory?
The current safety regulation of cycling helmets, combined with government advice and accident insurance requirements, are actually quite confusing for the layperson trying to understand both the efficacy of cycle helmets and their recommended use.
There is a certain amount of ambiguity in the UK about what is right for cyclists from a safety point of view and where the adoption of cycle helmets leaves them legally, if they are involved in a road traffic accident.
This ambiguity stretches as far as the manufacture of cycle helmets, most of which are actually only designed to withstand the kind of impact expected in a fall from a stationary bicycle, and crucially – a fall which does not involve other vehicles.
Many people are unaware of this and assume a higher level of protection when using a cycle helmet.
This is partly attributable to the introduction of the relatively weak EN1078 European standard, which means that present day cycle helmets generally offer lower levels of protection than those sold in the early 1990s.
The British Medical Association in its 2015/16 policy book promotes cycling as a safe, healthy and sustainable alternative to car use and it also supports the compulsory wearing of cycle helmets when cycling for both adults and children, and everyone knows that the exercise provided by cycling can be beneficial to health.
However, although a well-fitted helmet in good condition is likely to afford some protection against direct injuries in low speed impacts (commonly resulting in skull fractures, cuts and concussion), there is no evidence to suggest that it will protect against rotational injuries. Rotational injuries do not involve a blow to the head but the movement of the brain back and forth within the skull as a result of acceleration or deceleration. It is rotational injuries that are usually the most devastating type of cycling injuries to the head.
Although cycle helmets are not compulsory in the UK, when a cyclist claims compensation for injuries suffered in an accident, the Court’s starting point will be to accept that a cyclist who fails to wear a helmet runs the risk of contributing to his/her own injuries. This could potentially result in a deduction in the compensation award, perhaps by about 10-15 per cent, if it can be shown that the wearing of a helmet would have made a difference to the actual injuries suffered.
According to national cycling charity, CTC, the experience of enforced helmet laws is that cycling use typically falls by at least 30 per cent on average and more among teenagers and the resulting loss of health benefits from enforced helmet law would be much greater than any possible injury prevention benefit.
There is also evidence that some cyclists ride less cautiously when wearing helmets; that drivers leave less space when overtaking helmeted cyclists than those without; and that cycling becomes safer the more cyclists there are.
Cycling is massively beneficial to the health of many people, but it is clear that cycle helmets could offer greater protection if they were manufactured to higher safety regulation than the current European EN1078 Standard, such as the Snell standard. So, when buying a helmet, visit the Snell website (www.smf.org), which lists certified helmets, few of which are available in the UK, and gives useful advice about choosing and wearing helmets.
There are currently no plans for cycling helmets to be made compulsory in the UK, but clearer guidance on the implications of what safety they provide certainly wouldn't go amiss. The CTC advocates that the emphasis should not be on enforced helmet laws, but instead on promoting measures such as 20 mph speed limits (www.20splentyforsheffield.org.uk) and better designed roads and junctions.
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