Helmets and Head Injuries in Cycling Accident Claims
Now that we are at the height of summer, many of us will be choosing to cycle rather than drive or take public transport. If this includes you, we urge you to take all the necessary precautions to stay safe, the most obvious of which is to wear a good-fitting helmet.
Not wearing a helmet while cycling
Many people will cycle on the roads without wearing a helmet, which is surprising for two reasons.
Firstly, it is actually the law in British Columbia to wear a helmet while cycling. If a police officer catches you cycling without a helmet, you could be handed an on-the-spot fine. Secondly, it is incredibly dangerous not to wear a helmet. Cyclists are extremely vulnerable road users and are at high risk of being involved in both low-speed and high-speed collisions.
Should a cyclist be involved in an accident, a helmet can help to limit the severity of the injuries sustained. Of course, just because you wear a helmet does not mean that you will escape an accident completely unscathed. But it can reduce the damage to your head and brain, potentially preventing (or limiting) catastrophic or fatal injuries.
Bicycle accident claim compensation
In the unfortunate event that a cyclist is involved in an accident in British Columbia, he or she may be able to pursue a bicycle accident claim. This is because the law entitles all road users who are injured in road traffic accidents to make a claim – including pedestrians, motorcyclists and cyclists.
Sadly, many accidents involving cyclists result in either a fatality or catastrophic head and brain injuries. As such, the compensation awarded in bicycle accident claims can be high, as the settlement will need to reflect the individual’s pain, suffering, loss of quality of life, medical treatment and ongoing care costs.
Bicycle accident claim – not wearing a helmet
Even if a cyclist was not wearing a helmet at the time of the accident, he/she will be able to make a bicycle accident claim for compensation.
You might be surprised to learn this. After all, a cyclist who does not wear a helmet in British Columbia is breaking the law. A cyclist will also be compromising their own safety, and if head injuries are sustained, these may not have been so severe if he/she had been wearing a helmet.
Regardless of this, a cyclist who is injured on the roads is legally entitled to claim damages. However, there may be an element of ‘contributory negligence’ which is where the injured person’s actions contributed towards the accident or their injuries. If contributory negligence is at play, the individual’s compensation settlement may be reduced to reflect this.
Bicycle accident claim lawyer Vancouver
If you or a loved one has been involved in a cycling accident, please do not hesitate to a personal injury lawyer at John Mickelson Law Corporation. Either fill in the free online enquiry form or call us on 604 684 0040.Go back to Blog