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In 2011, a case which held great significance for personal injury lawyers, particularly those involved in handling cycling accident claims, was ruled upon in the High Court. The ruling was important in its treatment of a cyclist who had chosen not to wear a cycle helmet and had suffered personal injuries as a result of a collision with a fellow cycling competitor rather than in a car accident.
The circumstances
An employee (R) took part in a "team building" day organised by his employers (S&P) in 2008. Part of the day's events involved employees embarking on a cycle race. Cycle helmets were provided for participants, but there was no guidance or stipulation that they were to be used. R did not put on a helmet.
Close to the end of the race R was involved in a collision with a fellow employee, who had chosen to wear a helmet, suffering brain injury as a result. He sued his employers for personal injury compensation in the High Court.
The judgment
Judge Oliver Jones QC found S&P liable for the accident, primarily because in organising the race they had failed to carry out an adequate risk assessment for an activity which they had little or no experience in and had failed to protect employees by ensuring race competitors wore safety equipment and/or by excluding any participant who would not wear a cycle helmet.
However, liability was reduced by two thirds as R was deemed to possess "contributory negligence" for his injuries – firstly because he was found to have ridden in a dangerous manner and secondly because he had not been wearing a cycle helmet at the time of the accident.
Therefore, R's level of compensation, suitable for his injuries, was reduced accordingly.
The ruling is significant as it is the first hearing of a claim involving the lack of a cycle helmet where the injuries have not been suffered in an accident involving a motor vehicle and, although the personal injuries suffered by the claimant were as a result of a race, the court's decision was applied in the same way as had previously been seen in claims for road traffic accidents.
Expert witnesses stated to the court that if the employee had been wearing a helmet then it was very unlikely that he would have sustained the level and type of injury that occurred.
Personal injury lawyers for cycling accident claims at YouClaim
If you have been injured as a result of a cycling accident, regardless of whether you were wearing a cycle helmet, if you believe the incident occurred as a result of another person's negligence, the personal injury lawyers at YouClaim want to hear from you.
We can advise you quickly and reliably whether you are eligible to make a claim and will ensure that the solicitor allocated to your case has full experience in the representation of cycling accident victims.
All YouClaim's personal injury lawyers have accreditation from the Solicitor's Regulation Authority so you can be assured of the very highest standards of professionalism and representation.
Call YouClaim today on 0800 10 757 95 or use our mobile friendly number 0333 240 0871. Alternatively, click on Live Help to start a webchat or fill in an online claim form so that we may call you back at a more suitable time.
