Death of cyclist in road traffic accident opens up helmet debate once again
Stuart Kightley![olympic park stratford london](https://law.wpstaging.uk/wp-content/uploads/2019/08/olympic-park-stratford-london.jpeg)
Table of Contents
After the death of a cyclist outside the Olympic park, Stuart Kightley, personal injury solicitor at Osbornes re-visits the question of whether cycling helmets should be mandatory.
The buzz and fanfare of the London 2012 were temporarily halted last Wednesday (1st August) after a cyclist was tragically killed just outside the Olympic Park. The 28-year-old man was knocked down by a double-decker bus and was pronounced dead at the scene.
Following the accident, perhaps fuelled by comments from our new Olympic champ Bradley Wiggins, the debate on whether cycle helmets should become a legal requirement for all cyclists was re-ignited. To be clear Wiggins later clarified his comments on Twitter confirming that he hadn’t called for helmets to be made the law, he was merely suggesting that it may be the way forward to give cyclists more protection legally if involved in an accident.
That being said the pros and cons of wearing a helmet and indeed the safety of cycling inner city have been placed firmly back into the spotlight.
Back in 2008 I wrote a similar article on cycling in London and cited that the benefits of cycling included the fact that cyclists travelling short distances reduce their risk of death (largely due to lower risk of heart disease) by 22%. The health benefits were said to exceed the risks by a factor of 20. Fast forward four years and these health benefits still stand. It is estimated that cyclists can burn around 600 calories an hour and indeed you can cycle up to 1037km on the energy equivalent of a single litre of petrol! So cycling is still a healthy option and saves the environment – however, what are the risks involved?
During the period June to September 2011 970 cyclists were killed or seriously injured in a road traffic accident, this is compared to 905 the year before. Overall it is calculated that 17,000 cyclists are killed or injured in reported road traffic accidents each year. By February 2012 10 cyclists had been killed whilst riding in London alone.
So it is obvious that there are risks involved in cycling, however, one should consider that in the third quarter of 2011 there were 52,499 victims of all types of road traffic accidents. The reality is that every time a person walks down the street they are putting themselves at risk of coming in contact with a bad driver, especially of larger vehicles or those mounting the kerb (January 2012 saw the tragic case of 16-year-old Cassie McCord who was killed after an 87-year-old driver mounted the kerb and collided with her).
In this context choosing to cycle is no riskier than choosing to walk, drive or take public transport. However just as a person (i) would choose not to walk in the middle of the road, (ii) should always wear a seat belt when in a car and (iii) is always advised to mind the gap when boarding a tube – is it reasonable to insist that cyclists wear a helmet when cycling to negate risks of serious injury in the event of an accident?
There is a body of opinion that claims a helmet has no proven safety benefits and that if made compulsory it would actually deter people from cycling. Whilst it is true that the scientific evidence is not overwhelming for or against the wearing of a helmet it does seem to conclude that the risk of brain and serious head injury is significantly reduced by their use. The British Medical Association is one body which is now in favour of legislation to make cycle helmets mandatory.
Chris Peck who is the policy coordinator for the UK’s national cycling organisation ‘CTC’ commented that making helmets compulsory would be counterproductive. “Making cycle helmets compulsory would be likely to have an overall damaging effect on the public health since the health benefits of cycling massively outweigh the risks and we know that where enforced, helmet laws tend to lead to an immediate reduction in cycling”.
One point in favour of wearing a helmet is however that if one is unlucky enough to suffer a head injury following an accident on a bicycle the other party’s lawyers will almost always try and claim a 25% deduction in compensation for ‘contributory negligence’, if you were not wearing a helmet.
So it seems that the jury is still very much out on whether cycling helmets should be a legal requirement. Perhaps it will be the comments of our mayor Boris Johnson that most will agree with when he said that “cyclists should be able to wear a helmet if they want”… as he arrived for a ministerial Olympic meeting at the Cabinet office – wearing a bike helmet.
Share this article
Contact
Contact us today
For a free initial conversation call 020 7485 8811
Email us Send us an email and we’ll get back to you
Cycling News & InsightsVIEW ALL
- 28.2.2023
Do you have to wear a bike helmet?
Should bike helmets be mandatory in the UK? Recently, Dan Walker was involved in a nasty collision with a motorist...
Read more - 5.5.2022
Top 10 Major Highway Code Changes for Cyclists
New Highway Code rules for cyclists At the end of January 2022, the Highway Code was updated to make British roads...
Read more - 20.1.2022
Cycling accident advice
Now more than ever before, people are embracing the pleasures and benefits of cycling in and around London. Unsurprisingly, the...
Read more - 16.9.2021
The law around E-bikes and E-scooters explained
Why are electric bikes legal but not scooters? E-bikes and e-scooters are the new rides on the block. To many,...
Read more - 31.12.2020
Bike Boxes – what are the rules?
Cycle boxes at traffic lights I read a post recently on a London cycling forum in relation to some confusion...
Read more - 2.11.2020
Highway Code changes just the start in protecting...
The 2020 changes to the Highway Code do not go far enough to change driver behaviour and protect cyclists and pedestrians,...
Read more - 9.6.2020
The importance of parks for cycling
I ventured outside the comfort of my home this past weekend for the first time in 11 weeks. As I walked...
Read more - 11.5.2020
Helmet Cameras: Personal Safety and the Law
Helmet cameras have become one of the must-have items for cyclists, especially those commuting to and from work. They offer...
Read more - 11.5.2020
Bike Cam Prosecutions
Have you ever been cut up by a van turning left? Or been riding along only to find the tarmac...
Read more - 7.5.2020
Around the World In One Day for NHS...
On Thursday 30th April 2020 I took part in a 240 mile cycle, raising money for the NHS. This ride was to...
Read more - 7.5.2020
Boom time for bikes – London Mayor’s new...
Yesterday Sadiq Khan unveiled his ‘London Streetspace’ programme designed to transform London’s streets to accommodate a possible ten-fold increase...
Read more - 5.5.2020
Highway code refresher for cyclists
As we start week 7 of lockdown, there is one thing that is more noticeable on the roads…cyclists. Whether you...
Read more - 3.12.2019
Cycling accidents involving potholes
If a cyclist is injured as a result of a pothole or defect on the road they were travelling on...
Read more - 26.11.2019
Do I need insurance for cycling?
There is no legal requirement for cyclists to hold insurance cover in order to cycle in the UK. That includes...
Read more - 21.6.2019
E-Bikes – are they the future for commuting?
The Government released some clarification last week in relation to the upper limit of the cycle to work scheme. Many...
Read more - 31.5.2019
Intimidatory driving to become breach of traffic law?
A new driving offence of ‘intimidatory driving’ is being considered by the government to crack down on close passes by...
Read more - 18.5.2019
Local hubbub over Highbury corner
Highbury Corner in Islington is one of the busiest interchanges in the whole of the UK (never mind just London)...
Read more - 12.5.2019
Cycling Health Benefits – A ride a day keeps...
In my 20s I had a massive breakdown and was given an incurable diagnosis with a scary name. I went...
Read more - 11.5.2019
New Research Proves That Cycling Officially Makes You...
New research published by the YMCA shows that those with an active lifestyle are up to 32% happier than people who...
Read more - 11.5.2019
Cycle Accident: The Near Miss Project
One major problem of cycling in the UK is other intolerant road users. This is a large reason for my...
Read more - 11.5.2019
Can a ‘bike backie’ get you in trouble?
London’s controversial mayor Boris Johnson has been caught by The Sun newspaper giving his lawyer wife Marina Wheeler a...
Read more - 11.5.2019
Ealing cyclists up in arms over latest death
After 51-year-old Met Police officer, Claudia Manera was killed in a bike accident at the junction of The Broadway and...
Read more - 25.3.2019
The risks and rewards of cycling in London
Stuart Kightley of Osbornes solicitors asks the question: is cycling in London good for your health? I acted for a...
Read more - 14.2.2019
Cyclists, Roundabouts and the Highway Code
The Highway Code is more than just a guide to how to pass your driving test. It is intended to...
Read more