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Claiming Compensation if Injured Cycling Without a Helmet

Legal Support for Cyclists

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Injured When Cycling Without a Helmet

Law Society Accredited  Personal Injury Solicitors

Although cycling with a helmet is not a legal requirement on UK roads, if you’ve been in a road traffic accident and weren’t wearing a helmet, this can significantly impact your legal rights, especially if you’re looking to claim compensation. Investigating road traffic accidents involving a cyclist can be tough—how can responsibility be accurately determined if the cyclist wasn’t properly protecting themselves? As a cyclist, you should understand your rights and legal obligations around wearing a helmet, as this information can be crucial if you suffer a cycling injury.

At PSR Solicitors, we recommend helmet use when cycling not only to protect your compensation claim but also to ensure your safety on the road. Our advice outlines the legal requirements around helmet use and your rights as a cyclist if you’ve been involved in a cycling accident without a helmet.

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Do you have to wear a bike helmet?

Although you won’t face charges for not wearing one, Rule 59 of the Highway Code suggests that you should always wear a bicycle helmet that adheres to current regulations, fits correctly and has been properly fastened.

In relation to this, Section 38 of the Road Traffic Act 1988 states that a failure to observe a provision of the Highway Code may lead to liability in civil proceedings. Therefore, you could be held partially or fully responsible for your own injuries due to not wearing a helmet, even if the other party was at fault for the accident.

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What are the risks associated with cycling with no helmet?

By wearing a helmet when cycling, you’re protecting the most important part of the body—the brain. If you choose not to wear a helmet, you’re at risk of the following:

  • Head & facial injuries: Head injuries can range from concussions to traumatic brain injury (TBI), which can affect cognitive function, physical abilities and emotional well-being. Facial injuries can include minor scrapes and bruises to dental damage, severe fractures and deep lacerations. Without the protection of a helmet, the face is particularly vulnerable to impact with the road and other vehicles, and such injuries can have lasting effects, including permanent scarring, sensory loss and disfigurement.
  • Decreased visibility: Helmets are often designed with reflective materials and bright colours, allowing drivers to better see cyclists, especially in dimmer conditions. Cycling with no helmet puts you at risk of head or facial injuries and makes you less noticeable on the road, increasing your chances of being involved in an accident.
  • False sense of security: You may think your skills as a cyclist put you at less risk of being involved in a road traffic accident, or you think you know the roads well enough and are cycling at a low enough speed to mitigate the need for a helmet. But remember, the road is unpredictable, and accidents can happen anywhere. Even a slow-speed fall can cause serious head injuries or TBI.
  • Psychological impact: As well as physical injuries, cycling accidents can also affect mental health, causing issues including depression, anxiety, PTSD and even fear of cycling again. The psychological impact can seriously impact a person’s quality of life and their relationship with cycling in the future.
  • Longer recovery time: Statistically, in many cases where cyclists survive accidents without helmets, their recovery time is significantly longer, especially for those suffering brain injury. Wearing a helmet can mean the difference between a minor injury and a more life-threatening situation, and extended recovery can affect many aspects of life, including personal relationships and the ability to work.
  • Healthcare costs: If you have more severe injuries, you could require rehabilitation and even long-term care, which come at a price and can place financial strain on you and your loved ones. A brain injury alone requires extensive medical care that could last years.
  • Fatality: Statistically, if you’re not wearing a bike helmet, you’re at increased risk of death caused by a bicycle accident—helmets absorb impact and reduce force before the skull and brain are impacted. Without a helmet, you are left vulnerable to the most devastating outcomes.

Although wearing a helmet won’t lessen your risk of having an accident on the roads, it can significantly reduce the severity of injuries, protecting you from the worst-case scenarios.

If I wasn’t wearing a bike helmet, can I still claim compensation?

If you’ve been involved in a bicycle accident and weren’t wearing a helmet, it is important to know that you can still claim compensation for your injuries. However, the other party can claim ‘contributory negligence’ and that the severity of your injuries came from not being properly protected. If this defence is upheld, you can still receive compensation, but it will be reduced. Our cycling accident compensation calculator can give you an indication of how much you may be able to claim.

As the claims process can be complex if you were in an accident and weren’t wearing a helmet, you’ll need a specialist cycling accident claims solicitor to guide you. Seek the instruction of No Win No Fee Solicitors, so you won’t need to pay any legal fees upfront to receive advice on moving forward with your claim.

​​​​

Your Key Contact for Cycling Injuries 

If you are looking to claim compensation for a road traffic accident and you want free advice from a fully qualified solicitor then please contact us now. Using one of our specialist solicitors ensures that you have a better chance of winning your claim and receiving all of the compensation and help that you are entitled to all on a No Win No Fee basis. This means that you won't have any legal costs to pay if your claim is unsuccessful so No Win No Fee = No Risk To You.

Richard Layfield

Richard Layfield LLB (Hons)

Solicitor - Head of Personal Injury & Clinical Negligence

As an experienced personal injury and civil litigation Solicitor, I represent Claimants in all manner of personal injury case work including injuries as a result of Medical Negligence, Road Traffic Accidents, Accidents at Work, and Occupiers Liability Accidents. I handle all types off personal injury claims from the minor right through to complex, serious injury claims.

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OUR PERSONAL INJURY TEAM
Paul Rossiter

Paul Rossiter

Paul Rossiter LLB (Hons)

Managing Director

Richard Layfield

Richard Layfield

Richard Layfield LLB (Hons)

Solicitor - Head of Personal Injury & Clinical Negligence

Mark House

Mark House

Mark House LLB (Hons)

Solicitor - Head of Litigation

Jasmine Ostanek

Jasmine Ostanek

Jasmine Ostanek LLB (Hons)

Solicitor

Georgia Purcell

Georgia Purcell

Georgia Purcell LLM (Hons)

Solicitor

Emily Williams

Emily Williams

Emily Williams

Personal Injury Solicitor

Alyssia King

Alyssia King

Alyssia King

Solicitor

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