Cycle Helmets, A Statistical and Legal Guide

Cyclists, including motorbike,  pedal or electric bike or E-Scooters face a significantly higher risk of serious injury and death in traffic accidents compared to other road users. According to the 2019 annual report on road casualties in Great Britain, the fatality rate per passenger mile for motorcyclists is 65 times higher than for car occupants. Traumatic brain injury (TBI) is the leading cause of death and disability amongst motorcyclists, with crashes frequently resulting in skull fractures, intracranial bleeding, and diffuse axonal injuries (DAI).

Given these risks, wearing a helmet is essential for motorcyclists. This article explores the role of helmets in preventing injury, the impact of not wearing a helmet on compensation in injury claims, and how UK safety standards aim to protect riders.

Motorcycle Head Injuries: A Serious Risk on the Road

In motorcycle accidents, the head is particularly vulnerable. Impacts with vehicles, road surfaces, or infrastructure can lead to catastrophic injuries. A 2022 analysis of the Road Accident In-Depth Studies (RAIDS) database revealed that among 267 motorcyclists involved in accidents between 2013 and 2020:

• 8.3% sustained skull fractures
• 3.7% experienced subdural haematomas
• 10.1% suffered subarachnoid haematomas
• 9.4% had focal brain injuries

Helmets are vital in mitigating these risks by absorbing and distributing the impact forces during a crash.

How Do Helmets Protect Motorcyclists?

Motorcycle helmets protect riders by:

• Absorbing and dissipating the energy of an impact, reducing blunt force trauma to the skull.
• Minimising the risk of skull fractures and intracranial bleeding by lowering the impact force and reducing the head’s translational acceleration.
• However, helmets are not able to fully prevent brain injuries caused by rapid deceleration. The brain can move inside the skull during sudden stops, leading to injury even when no direct impact occurs. Despite this limitation, helmets remain highly effective at reducing the severity of blunt force injuries in motorcycle accidents.

Layers of Protection: How Motorcycle Helmets Are Built

Motorcycle helmets are composed of three primary layers:

• Outer Shell: Spreads the force of an impact across a larger surface area to reduce pressure on the skull.
• Crush Foam: Absorbs the shock from the impact and reduces energy from rapid deceleration. This layer is usually made of expanded polystyrene.
• Comfort Padding: Ensures a snug fit and helps keep the helmet securely in place to maximise protection.
• Helmet Safety Standards in the UK

Cycle Helmet Use and Laws and Regulations

In the UK, all helmets worn on public roads must meet one of the following standards:

• British Standard BS 6658:1985 (with the BSI Kitemark)
• UNECE Regulation 22.05
• A European Economic Area (EEA) standard that offers similar protection and safety measures.

These standards require helmets to pass rigorous impact absorption tests to ensure they offer adequate protection in real-world scenarios. For example, helmets are tested by being dropped at an impact speed of 7.5 m/s (approximately 17 mph). The deceleration of the head form during impact is recorded, with limits set to ensure a helmet’s ability to protect the rider.

The Impact of Not Wearing a Helmet on Compensation Claims

While wearing a helmet is crucial for safety, it also has legal implications when it comes to compensation in motorcycle accident claims. Motorbikeclaims.org.uk highlights that not wearing a helmet can result in reduced compensation, even if the accident was not your fault.

In legal terms, this is known as contributory negligence. It refers to situations where a claimant’s actions contributed to the extent of their injuries. For instance, if a motorcyclist suffers a head injury while not wearing a helmet, the compensation they receive may be reduced. Courts have determined that the failure to wear a helmet amounts to contributory negligence, as the injured party did not take reasonable steps to protect themselves.

How Much Compensation Could Be Reduced?

The amount by which compensation is reduced depends on the specific circumstances of the case, including the extent of the injury and whether the helmet would have mitigated its severity. If it is proven that the injuries would have been significantly less severe had a helmet been worn, compensation could be reduced by as much as 15% to 25%. It’s important to note that compensation is only reduced if the injuries in question are head or brain injuries. If a rider sustains injuries to other parts of the body, the absence of a helmet would not affect the claim for those injuries.

The Head Injury Criterion (HIC): Measuring Head Injury Risk

The Head Injury Criterion (HIC) is used to assess the likelihood of head injuries in vehicle collisions and personal protective equipment like helmets. A lower HIC score indicates a reduced risk of serious or fatal head injury:

• A HIC value below 1000 represents minimal risk of a fatal head injury.
• A HIC value of 3000 indicates a near-certain risk of a fatal injury.

While the current helmet testing standards are based on low-speed impacts (around 17 mph), the real-world protection offered by helmets often exceeds these requirements, providing greater safety to motorcyclists.

Criticism of Helmet Standards and Ongoing Research

Despite their benefits, some experts criticise current helmet standards for not offering sufficient protection against brain injuries caused by rotational forces. One study suggests that unhelmeted individuals may experience less risk of certain brain injuries, such as subdural haematomas, during moderate-speed impacts. However, most research, including real-world accident data, consistently shows that wearing a helmet significantly reduces the overall risk of serious injury and death.

SHARP: Enhancing Helmet Safety

The Safety Helmet Assessment and Rating Programme (SHARP), introduced by the UK Department for Transport in 2007, provides more detailed safety ratings for motorcycle helmets than the basic regulatory requirements. SHARP tests helmets at speeds up to 19 mph and assesses their effectiveness at different impact points. Research by SHARP shows that motorcyclists represent just 1% of road traffic but account for 19% of road casualties, with head injuries being the leading cause of fatalities.

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Helmet Effectiveness: Reducing the Risk of Head Injury and Death

Helmets are proven to reduce the risk of serious head injuries by 69% and the risk of death by 42%, according to a 2008 review of studies. Further research has shown that increasing the level of head protection, whether through helmets or vehicle safety features, decreases both the rate and severity of traumatic brain injuries.

Conclusion: The Dual Importance of Helmets for Safety and Legal Protection

Motorcycle helmets play a critical role in protecting riders from severe head injuries and death. Wearing a helmet not only provides physical protection but also has important legal implications. In the event of a motorcycle accident, failing to wear a helmet may result in reduced compensation due to contributory negligence. Helmets are highly effective at reducing the risk of blunt force trauma, and real-world data consistently shows that wearing a helmet saves lives. As helmet technology and standards evolve, the focus remains on improving rider safety and providing the best possible protection in the event of an accident.

Frequently Asked Questions (FAQs)

1. How much does wearing a helmet reduce the risk of death in a motorcycle accident?

Wearing a helmet reduces the risk of death by approximately 42%, according to a 2008 study.

2. Can not wearing a helmet affect compensation in a motorcycle accident claim?

Yes, if a motorcyclist suffers head or brain injuries while not wearing a helmet, their compensation may be reduced due to contributory negligence. The reduction could be between 15% and 25%, depending on the case.

3. What are the key safety standards for motorcycle helmets in the UK?

Motorcycle helmets in the UK must meet one of the following standards: British Standard BS 6658:1985, UNECE Regulation 22.05, or an equivalent European standard.

4. How does SHARP testing differ from standard helmet testing?

SHARP (Safety Helmet Assessment and Rating Programme) tests helmets at higher speeds and more detailed impact points than the basic regulatory requirements, providing riders with better information about helmet safety performance.

5. What is the best way to seek advice to make a claim?

For expert legal advice on making any cycle or E-Scooter claim where you have sustained injury contact the motorbike experts at: Motorbike Claims.