I Was Injured In A Cycling Accident Without A Helmet, Can I Claim?
Welcome to our guide looking at whether you can claim for a cycling accident without a helmet. Have you had an accident on the road while riding your bike? Were you wearing a helmet at the time? If you’ve been involved in a cycling accident without wearing a helmet, it can be difficult to know whether you are eligible to claim for your injuries. You may even be wondering, “is it illegal to not wear a helmet on a bike in the UK?”.
If you’re in an accident on your bike without a helmet, this can lead to even more severe injuries than if you are wearing one during your accident. If you’re involved in a cycling accident without a helmet, it could affect any claim you make for compensation.
This guide has been written to provide information on the process of claiming. We aim to help you to understand your circumstances better if you have been involved in a similar scenario.
Our advisors are standing by to answer any questions you have on this topic. Read on for more information, and reach out to us today to see if you have a valid claim. If you do, then we may be able to connect you with a personal injury lawyer from our panel to represent you.
Get In Touch With Our Team
There’s more than one way that you can reach us. You can:
- Call us on 020 3870 4868
- Chat to our team using the live chat feature in the bottom right corner
- Start your claim online through our website
Services And Information
- Everything You Need To Know About Claims For A Cycling Accident Without A Helmet
- What Is A Cycling Accident Without A Helmet?
- Do Bike Helmets Prevent Injury?
- Do You Legally Have To Wear A Cycle Helmet?
- What Injuries Could Be Caused By A Cycling Accident Without A Helmet?
- Calculate Compensation For A Cycling Accident Without A Helmet
- What Are The Consequences Of A Cycling Accident Without A Helmet?
- Head And Brain Injuries Caused In Cycling Accidents Without A Helmet
- How Cycling Accidents Without A Helmet Could Cause Brain And Head Injuries
- What Is The Effect Of Contributory Negligence On Your Claim?
- How Much Time Do I Have to Make a Claim For A Cycling Accident Without A Helmet?
- I Suffered A Cycling Injury, What Should I Do?
- Do You Handle Claims For A Cycling Accident Without A Helmet On A No Win No Fee Basis?
- Other Information
- FAQs About Injuries Caused In A Cycling Accident Without A Helmet
Bike accidents, in general, can result in injuries such as:
- Cheekbone fracture
- Wrist fracture
- Pelvic injuries
- Hip fracture
- Facial disfigurement
- Skull fractures
If you’re involved in an accident without a helmet, this could increase your likelihood of sustaining one of these injuries.
In this guide, we will begin by looking at some statistics that relate to accidents while cycling without a helmet. In addition to this, we will look at whether wearing a helmet while cycling is something you’re legally obliged to do.
We will go on to examine some of the injuries that could form the basis of a claim of this nature. Furthermore, we will look at how a compensation claim for a cycling injury could be valued.
If you are in a cycling accident without a helmet, then you could sustain a head or brain injury. We will look at this kind of injury and the impact it can have on your quality of life.
“Contributory negligence” is a term used to describe when you’re said to have contributed to the injuries you sustained. We will take a closer look at this further on in this guide.
Finally, we will take a look at No Win No Fee agreements and the benefits that these can offer when seeking legal representation. We’ll also provide you with some additional guides that contain useful information.
The graph below is based on data from the Department of Transport. It shows the number of casualties of different severities sustained by cyclists in 2020.
As you can see, the most common category of injury sustained was slight injuries. There were 11,938 of these within this time period.
However, some cyclists were also killed in road traffic accidents. In the graph below, we can see that there were 141 deaths to cyclists in road traffic accidents in 2020.
These statistics do not relate to negligence, and so we cannot comment on how many of these accidents could lead to a successful compensation claim.
According to the Royal Society for the Prevention of Accidents (RoSPA), wearing a helmet while cycling can reduce the risk of injury to the head and brain by as much as 65%-88%. However, these statistics also acknowledge that helmets offer little to no protection to the lower face and jaw.
There is also an argument that making helmets compulsory to wear can reduce the level of cycling and, therefore, offset the environmental and health benefits. This could be because enforcing helmet wearing can make cycling appear to be a “high risk” activity. In Western Australia, the introduction of their helmet law saw a reduction in cycling in Perth by 30-40%.
There is no law stating that you have to wear a helmet as a road user. However, if you are involved in a bike accident, then your solicitor’s job may be made more difficult when trying to win your compensation case if you were not wearing a helmet.
Whilst not the law, the Highway Code states that all cyclists should wear a helmet that conforms to current regulations. It should also be the correct size and needs to fasten securely.
Violation of any area of the Highway Code could affect your claim for compensation, even if you’re not guilty of an offence that can get you fined or arrested. It may reduce the amount you receive, or in some cases, negate the validity of your claim altogether.
If you’re in an accident without a helmet, you could sustain injuries such as:
- A skull fracture
- Brain or head injury
- Contusions on the head
- Broken cheekbone
- Fractured eye socket
However, there are other injuries that you could sustain that a helmet would not offer protection from. These include:
If you would like to know more about the kinds of injuries you could sustain after this kind of accident, speak with a member of our team today. You could be connected with a No Win No Fee solicitor from our panel.
When calculating compensation for a cycling accident without a helmet, there are 2 main figures that your claim could potentially consist of. First, we have general damages.
General damages are paid to you to account for the pain and suffering experienced as a result of your injuries. This figure is worked out with the help of the Judicial College Guidelines.
The JCG is updated semi-regularly and was last reviewed in 2019. It is a comprehensive list of what various injuries could be worth, depending on the type and severity of the injury, as well as the recovery time.
As part of your claim, you will usually be invited to a medical assessment with an independent expert. They will assess your injuries and compile their findings in a report. This report will be used alongside the JCG to help value your claim.
|Injury Awarded For||Amount|
|Where the fracture to the cheekbone is simple and there is some reconstructive surgery needed, but a full recovery is made.||£4,080 to £6,060|
|Moderate pelvis injury (i) - Where the pelvis is significantly injured and any permanent disability is not great.||£24,950 to £36,770|
|Forearm fractures that are uncomplicated||£6,190 to £18,020|
|Loss of thumb||£33,330 to £51,460|
|Moderate brain damage (i) - Brain injury of this severity will usually cause a moderate to severe intellectual deficit, a change in personality and an effect on speech and sight. There will also be a significant risk of epilepsy.||£140,870 to £205,580|
|Wrist injuries - a Colles fracture without complication||In the region of £6,970|
Next, we have special damages. This is the part of your compensation that covers you for any financial losses you experience. For example, you might have to take time off work and experience a loss of earnings as a result. Alternatively, you might have to pay for treatment that you cannot get on the NHS.
It’s really important that you provide evidence of the losses you have experienced. For example, you might use bills or receipts to show the costs you have incurred.
Not only can being in a cycle accident without a helmet impact your physical well-being (and sometimes your lifespan), but the absence of a helmet during a cycling accident can also affect the compensation you could be owed.
Many judges will apply the Highway Code to cases involving cycle accidents and not wearing a helmet. They will say that the cyclist was being negligent in their choice not to wear a helmet and may reduce their potential payout. This is known as contributory negligence.
If the defendant is successful in proving that the injury would have been avoided completely if a helmet was worn, they could be made to pay a reduced amount. The reduction would be appropriate for the amount that the claimant could be said to have contributed to their injuries.
It’s always best to seek legal advice if you’re interested in making a claim. We can answer all of your questions regarding this complicated subject. Get in touch with us today to find out more.
Being in a cycle accident with no helmet can be life-changing. A traumatic brain injury (TBI) can change the way a person functions following a cycling accident without a helmet.
A TBI can affect your memory, concentration levels, and even personality. A TBI severe enough can also be fatal.
A study conducted in 2019 revealed that there was a noticeable reduction in TBIs when a helmet was worn during an accident. 47.6% of patients sustained a TBI after being involved in a cycle accident with no helmet.
This fell dramatically to 19.1% of patients when they wore a helmet. The same study also found that general head injuries are reduced by 51% when wearing a helmet, and the risk of facial injuries is reduced by 33%.
There is no singular way in which a cycling accident without a helmet can cause a brain or head injury. Direct impact can be a common way for your head or brain to be injured. Another way could be with the impact of the road or curb.
An impact on the head could cause swelling or bleeding on the brain. This can be harmful if it puts pressure on the brain and can cause brain damage.
You might also sustain a brain injury if your skull is fractured in a cycling accident. This could cause a piece or pieces of the skull to press down into the brain, damaging it.
Contributory negligence could have a negative impact on your claim. As mentioned earlier in this article, it may be revealed that your injury could have been prevented altogether if you were wearing a helmet.
If this is the case, then your compensation might be reduced by an appropriate amount. While it’s not a legal requirement, it is suggested in the Highway Code that cyclists wear appropriate and properly fitted helmets.
If you fail to do so, while you won’t be found guilty of an offence, your compensation may be reduced. This is because even if you aren’t considered to have contributed to the accident that happened, you will be said to have contributed to the injuries you sustained.
You will generally have 3 years to start a claim following a cycling accident without a helmet. This either runs from the date of the accident or the date you became aware that someone else’s negligence contributed to the injuries you sustained. We refer to the latter as the “date of knowledge”.
There are, however a few circumstances in which this time limit functions differently. In some cases, it is completely suspended. We’ve listed some of the more common scenarios below.
Child Accident Claims
Underage claimants cannot legally pursue their own claim. Until they reach their 18th birthday, the 3-year claim time is suspended. During this time, a litigation friend is allowed to step in and claim on behalf of the claimant.
A litigation friend is a legal adult affiliated with the claimant. They can take the form of someone such as a parent, guardian, friend, or even a legal representative.
Once the claimant reaches 18 years of age, they may pursue the claim themselves and have 3 years to do so. This is only if a litigation friend has not already claimed for them.
Claiming on Behalf of Someone with a Reduced Mental Capacity
If someone lacks the mental capacity to make their own claim, then the time limit is suspended, and a litigation friend can claim for them. In the event that they recover, the 3-year time limit starts, and they can pursue their own claim.
If you’re unsure how long you have to start your claim for compensation, speak to us today. We can offer you free legal advice about the process of claiming.
Following a cycling accident without a helmet, there are a number of steps you should take. We’ve listed some of the more important ones below.
- Seek medical care – Your priority initially should be to make sure your injuries are tended to. This can come in the form of first aid, or in more severe cases you may need to go to the hospital. Make sure your medical records are accurate and that you can access them when you need to. They often act as evidence during your claim.
- Gather evidence – Obtaining quality evidence is important to any personal injury claim. Taking photographs, collecting witness details, and medical records are all good examples of this. You also have a legal right to request CCTV footage of yourself.
- Seek legal advice – Our expert advisors are standing by to help you get started with your claim. While you don’t legally need a solicitor to represent you, it can help. The more information you supply us with, the more accurate the valuation we will be able to give you. The claims process can be confusing, and we are ready to help.
A No Win No Fee agreement ensures that you won’t need to pay your solicitor’s legal fees unless your claim is successful. This means you won’t pay them anything if they lose, in order for them to start working on your claim or while it’s ongoing.
At the conclusion of a winning case, your lawyer will be paid via a sum taken from your payout. This percentage is legally capped, ensuring you always get the majority of the compensation you’re awarded.
Our panel of personal injury solicitors have worked with many clients in the past on a No Win No Fee basis. If this method of pursuing your claim appeals to you, then get in touch with our advisors today.
- Call us on 020 3870 4868
- Chat to our team using the live chat feature in the bottom right corner
- Start your claim online through our website
We’ve included links to some additional helpful material that you may find helpful.
- Information regarding injuries caused by quad bikes.
- Work-related road safety.
- NHS advice regarding severe head injuries.
- Being hit by an uninsured driver.
- Your rights following a car accident.
- More on claiming following a road traffic accident.
We’ve taken the time to answer some of the more common questions that we’re asked on the topic of being in a cycling accident without a helmet.
What happens if you fall off your bike without a helmet?
Falling off your bike without a helmet could lead to a traumatic head injury that could lead to loss of consciousness, long-lasting damage, and even death.
Is it safe to cycle without a helmet?
The Highway Code states that you should always wear a helmet when riding a bike on the road. Your chances of head and face injuries are greatly reduced by wearing a helmet.
Is it illegal to not wear a helmet on a bike in the UK?
It is not against the law to go without a helmet on a bike in the UK. However, not doing so can put your health, life, and other people at risk.
Thank you for reading our guide on making a claim for a cycling accident without a helmet.
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