Can riding a motorbike without a helmet and leathers really affect your compensation levels?
This article explains in detail your legal rights and must also be read with our further analysis on the issue of failing to wear a helmet:-
No Helmet, No Contributory Negligence, No Brainer
Reduced Compensation for not Wearing a Cycle Helmet
Motorbike riding and pedal cyclist offers an exhilarating sense of freedom, but it also comes with significant risks. Unlike cars, motorbikes do not provide the physical protection of a metal frame, seat belts, or airbags. Consequently, riders are more exposed and vulnerable to injuries in the event of an accident. This vulnerability makes the use of proper safety gear such as helmets, gloves, and protective clothing absolutely essential. However, despite widespread awareness of these risks, some motorcyclists choose to ride without adequate protective gear. This decision can have profound legal implications, particularly in the context of injury claims and liability.
Understanding the Importance of Proper Motorbike Gear
Before delving into the legal ramifications, it is important to understand why proper motorbike gear is critical. Safety gear serves multiple functions, including:
- Protecting the rider’s body: Helmets, gloves, and protective clothing are designed to absorb and dissipate the energy from impacts, reducing the severity of injuries in the event of an accident.
- Enhancing visibility: Brightly coloured or reflective gear makes the rider more visible to other road users, thereby reducing the likelihood of accidents.
- Providing weather protection: Proper gear can protect riders from the elements, such as wind, rain, and cold, which can otherwise impair their ability to control the motorcycle safely.
Given these benefits, wearing appropriate safety gear is not just a matter of personal choice; it is a crucial aspect of responsible riding.
Legal Requirements for Motorbike Gear in the UK
In the United Kingdom, certain items of motorbike gear are legally required. The most notable of these is the helmet. The law mandates that all riders and passengers on a motorbike must wear a helmet that meets British safety standards. Specifically, the helmet must comply with either British Standard BS 6658:1985 and carry the BSI Kitemark, UNECE Regulation 22.05, or a European Economic Area (EEA) standard offering equivalent safety.
Failure to wear a helmet is not only illegal but can also result in a fixed penalty fine. More importantly, riding without a helmet significantly increases the risk of severe head injuries in the event of an accident, which can have serious legal consequences, particularly in terms of liability and compensation claims.
Helmet Exemptions
There are a few exemptions to the helmet law. For instance, Sikh riders who wear a turban are exempt from the requirement to wear a helmet. Additionally, certain professionals, such as police officers on duty, may be exempt under specific circumstances. However, these exemptions are limited and do not generally apply to the majority of riders.
The Legal Consequences of Riding Without Proper Gear
Riding without appropriate safety gear can have several legal implications, particularly if an accident occurs. The primary areas of concern include:
Impact on Personal Injury Claims
If you are involved in an accident while riding without proper safety gear, it could significantly affect your ability to claim compensation for your injuries. The concept of “contributory negligence” comes into play in such situations.
Contributory Negligence
Contributory negligence is a legal principle that can reduce the amount of compensation you receive if you are found partly at fault for your injuries. In the context of motorbike accidents, if you were not wearing a helmet or other protective gear, a court might determine that you contributed to the severity of your injuries. As a result, your compensation could be reduced proportionately.
For example, if you are involved in an accident and sustain head injuries while not wearing a helmet, the court might find that your decision not to wear a helmet contributed to the severity of those injuries. If the court determines that you were 30% responsible for your injuries, your compensation award could be reduced by 30%.
Case Law on Contributory Negligence
There have been several cases in the UK where contributory negligence has been applied due to the lack of proper safety gear. In these cases, courts have consistently held that the failure to wear a helmet, in particular, can constitute contributory negligence. This principle is not limited to helmets alone; failing to wear protective clothing or other gear could also lead to a reduction in compensation if it can be shown that the lack of gear exacerbated the injuries sustained.
The most common cited case is Froom v Butcher [1976] QB 286 is a landmark decision in English law regarding contributory negligence where in this case it is the failure to use a seat belt and not a helmet. The key elements of the case are as follows:
Lord Denning’s Judgment:
Background: The plaintiff was involved in a car crash caused by the defendant’s fault. The plaintiff was not wearing a seatbelt at the time of the accident.
Ruling on Contributory Negligence: The Court of Appeal, led by Lord Denning, ruled that the plaintiff’s compensation should be reduced by 20%. This reduction was based on the plaintiff’s partial responsibility for his own injuries due to not wearing a seatbelt.
There is a summary of the case law in our link here on Contributory Negligence and not Wearing a Helment.
Liability Issues
In addition to affecting personal injury claims, riding without proper gear can also impact liability determinations. Liability refers to the legal responsibility for an accident and the damages that result from it. For instance the helmet does not provide clear visibility or affects the proper and safe riding of the cycle.
Third-Party Liability
If you are involved in an accident caused by another driver, that driver may be held liable for your injuries. However, if you were not wearing proper safety gear, the other driver might argue that your lack of gear contributed to the severity of your injuries. This could complicate the liability determination and potentially reduce the amount of compensation you receive from the other party’s insurance.
Employer Liability
For professional riders, such as couriers or delivery drivers, employer liability could also be an issue. Employers have a duty of care to ensure that their employees are provided with appropriate safety gear. If an employer fails to provide or enforce the use of such gear, they could be held liable for any injuries their employee sustains while on the job. This is particularly relevant for those who ride as part of their employment, as the lack of proper gear could not only affect personal injury claims but also lead to employer liability.
Criminal Consequences
While the most immediate legal consequence of riding without proper gear is a fine for not wearing a helmet, there can be more serious criminal implications if an accident occurs.
Causing Death by Dangerous Driving
If a motorcyclist is involved in an accident that results in a fatality and it can be shown that the lack of proper gear contributed to the death, the rider could potentially face charges of causing death by dangerous driving. This is a serious criminal offence that can result in imprisonment, a driving ban, and a substantial fine. The argument here would be that the rider’s failure to wear proper gear amounted to dangerous driving, as it increased the risk of fatal injuries. A fatal accident compensation claim can also be made against the cyclist for causing death by dangerous driving
Insurance Implications
Insurance companies may also refuse to pay out on a policy if it is found that the rider was not wearing legally required gear at the time of the accident. This could leave the rider personally liable for any damages or medical costs resulting from the accident, further compounding the legal consequences of riding without proper gear.
The Impact on Insurance Claims
Insurance plays a critical role in the aftermath of a motorbike accident. Whether it is your own insurance or the third party’s, the presence or absence of proper motorbike gear can heavily influence the outcome of an insurance claim.
Denial of Claims
One of the most immediate concerns is the potential for insurance companies to deny claims if the rider was not wearing appropriate gear. For instance, if you were not wearing a helmet or other protective gear that is legally required, the insurance company may argue that you breached the terms of your policy. This could result in a denial of your claim, leaving you without financial support for medical expenses, property damage, or other costs associated with the accident.
Increased Premiums
Even if your claim is not denied outright, the fact that you were not wearing proper gear at the time of the accident could lead to increased insurance premiums. Insurers assess risk based on a variety of factors, and failing to wear safety gear could be seen as a sign of risky behaviour. As a result, you may face higher premiums when your policy is up for renewal, as the insurer seeks to mitigate the perceived increased risk of insuring you.
Limited Payouts
In some cases, insurance companies may still agree to pay out on a claim, but the amount may be limited. This could occur if the insurer determines that your failure to wear proper gear contributed to the severity of your injuries. Similar to the concept of contributory negligence in legal claims, the insurer may reduce the payout to reflect the role that your lack of gear played in the outcome of the accident.
Protective Gear Beyond Helmets
While helmets are the only piece of gear legally required by UK law, other forms of protective gear also play a critical role in rider safety. Gloves, jackets, trousers, and boots designed for motorbike riding offer additional protection that can be crucial in an accident.
Gloves
Motorbike gloves are designed to protect the rider’s hands from injury during a fall or collision. Hands are often the first point of contact with the ground in an accident, and without proper gloves, the rider can sustain serious injuries such as fractures, abrasions, or even nerve damage.
Jackets and Trousers
Motorbike jackets and trousers are typically made from materials such as leather or reinforced textiles, providing abrasion resistance and impact protection. Many are also equipped with armour in critical areas like the elbows, shoulders, knees, and hips. In the event of an accident, this gear can significantly reduce the risk of fractures, dislocations, and soft tissue injuries.
Boots
Proper motorbike boots protect the rider’s feet and ankles, which are vulnerable to crush injuries in the event of a collision. These boots are designed to provide support and prevent hyperextension, as well as offering protection from abrasion and impact.
The Legal Implications of Not Wearing Protective Gear
While helmets are legally mandated, the decision to forgo other protective gear can still have legal implications. If you are involved in an accident and are not wearing adequate protective clothing, a court may consider this when determining the extent of your injuries and the compensation you are entitled to. Similar to not wearing a helmet, failing to wear other protective gear could be seen as contributory negligence, potentially reducing your compensation.
The Role of Expert Testimony
In cases where the absence of protective gear is at issue, expert testimony may be required to establish the extent to which the lack of gear contributed to the rider’s injuries. Medical experts can provide insights into how wearing proper gear could have mitigated the injuries sustained. Similarly, accident reconstruction experts can assess whether the gear would have made a difference in the severity of the accident. This testimony can be crucial in determining the outcome of a personal injury claim or liability case.
Preventive Measures and Legal Compliance
Given the significant legal implications of riding without proper motorbike gear, it is essential for riders to take preventive measures and ensure they are in compliance with the law.
Investing in Quality Gear
One of the most effective ways to protect yourself legally and physically is to invest in high-quality motorbike gear. This includes not only a helmet but also gloves, jackets, trousers, and boots that are designed to offer maximum protection. Look for gear that meets or exceeds the relevant safety standards, and ensure that it fits properly to provide optimal protection.
Regular Gear Maintenance
Like any other piece of safety equipment, motorbike gear requires regular maintenance to ensure it remains effective. Helmets should be inspected for cracks or damage, and the straps should be checked for wear. Clothing and gloves should be cleaned and checked for tears or worn areas, and boots should be inspected for signs of wear that could compromise their protective capabilities.
Staying Informed About Legal Requirements
Laws and regulations regarding motorbike gear can change, so it is important to stay informed about the latest requirements. This includes not only helmet laws but also any recommendations or guidelines regarding other forms of protective gear. Being knowledgeable about the law can help you avoid legal pitfalls and ensure that you are riding safely and legally.
