New court ruling sets precedent for accident counterclaims

No helmet? That’s contributory negligence…

A recent High Court judgement has taken into account whether or not a cyclist was wearing a helmet during a road collision, outlining that a cyclist is guilty of contributory negligence for choosing not to.

Despite helmet use not being compulsory under UK law, the judge overseeing Smith v Finch 2009 ruled the cyclist to be partially liable if wearing a helmet could be proven to have prevented any injuries sustained.

BikeRadar spoke to Richard Brooks from law firm Withy King who said: "this ruling means that if you are injured and a cycle helmet could have reduced your injuries, you may not be able to recover full compensation."

In this particular case Mr Smith was involved in a collision with Mr. Finch who was aboard a Yamaha motorcycle. Smith suffered serious head injuries, which resulted in him having no recollection of the crash.

The CTC has much more on this story here.

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