DCSIMG

Make it law for cyclists to wear safety helmets

A recent High Court ruling seems to suggest cyclists can now be blamed for their injuries if they are not wearing a helmet, even if someone else caused the accident.

Robert Smith, a 51-year-old cyclist, worked for the NHS.

One evening, on his way to an opera rehearsal, Robert was hit by a motorbike ridden by Michael Finch. Robert was not wearing a helmet. He suffered severe brain injuries.

The law, in the shape of Mr Justice Williams, decided the motorcyclist was 'entirely' to blame for the crash, as he was going too fast and had ridden too close to Mr Smith's bicycle.

Crucially, he also dismissed the motorcyclist's suggestion that Mr Smith's injuries were caused by his failure to wear a helmet.

However the judge established the principle of something called 'contributory negligence' for cyclists who ride without a helmet, citing a 1976 court ruling in relation to seatbelts and the Highway Code.

In summing up Mr Justice Williams said: "A cyclist is free to choose whether or not to wear one (a helmet), but not doing so means any injury sustained may be the cyclist's own fault and he only has himself to thank for the consequences."

Predictably, and to a point I feel understandably, various cycling organisations are outraged by this ruling.

There is no current legal requirement for a cyclist to wear a helmet and the CTC, the national cyclists' organisation, is on record as saying there is 'significant doubt about whether helmets increased cyclists' safety'.

So where do we go from here? The government has commissioned research on cycle safety and the effectiveness of helmets.

Findings will be reported in September 2010.

In the meantime, should cyclists take responsibility for their safety by always wearing a helmet?

And where do we draw the line regarding individuals taking safety precautions?

Following the logic of the judge in this case, one presumes he believes adult horse riders should also wear helmets, along with anyone getting their skates on at an ice rink.

Otherwise, presumably, they are partly to blame for any injuries they may sustain.

As a cyclist how do you react to this High Court ruling? If you

are a motorist, do you think it is the duty of every cyclist to wear a helmet?

After all, all UK drivers by law must wear a seatbelt under legislation introduced in 1983.

Has the time come for the law to insist that cyclists wear helmets?

What do you think? Click here to send a letter or leave a comment below.

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Wednesday 30 May 2012

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