Helmetless cyclists must share blame for injuries, rules judge

[ufkacbln]

Say, it was actually a driver who was injured. Say they didn't have their seat belt on (a legal requirement, unlike a helmet). Should the driver be given full compensation then?

(I'm not asking this to twist your answer! I do, legitimately just wonder as I've not made my mind up on this yet).

I despise "victim blaming".

If there is a proven failure to reach the legal standards of behaviour then there is an argument for fault (i.e being unable to exercise proper control because you are driving one handed with a phone to your ear).

However in cases like this one where the cyclist appears to have been behaving correctly, legally and in accordance with god practice, and the motorcyclist has overtaken dangerously at excessive speed then I fail to see how he has "contributed" in any reasonable way.

REferringto the legality of requiring a helmet....The question is also we have more evidence that helmets would save more lives in cars (more effective than airbags) than on cyclists - would we consider a driver not wearing a helmet repsonsible for their own injuries. Giving the burns in some injuries would we penalize them for no fire retadant clothing?

After all - ALL the cycle helmet arguments stand up in vehicles... professionals wear them compulorily, proven performance, anability to reduce injuries and they are now lighteweight.

 

[trsleigh]

I despise "victim blaming".

If there is a proven failure to reach the legal standards of behaviour then there is an argument for fault (i.e being unable to exercise proper control because you are driving one handed with a phone to your ear).

However in cases like this one where the cyclist appears to have been behaving correctly, legally and in accordance with god practice, and the motorcyclist has overtaken dangerously at excessive speed then I fail to see how he has "contributed" in any reasonable way.

The argument against "victim blaming" was well put by Sam Fleming in this month's CityCycling where she compares it to the old attitude to rape

" I'm suggesting a comparison between the attitude of those who say a cyclist who sustains injuries in a crash caused by a car driver is in some way to blame for not wearing a helmet and/or not using a segregated facility; and that of those who claim that a women wearing revealing clothing is asking to be subject to sexual assault. "

Read the whole article at http://www.citycycling.co.uk/issue45/issue45page5.html

 

[tdr1nka]

Great Hairy B*ll*cks!
What an awful precedent to set and bad message to give motons!

Taking a primary position is illegal is it?
Are the DoT going to withdraw backing for Cycle Craft then?

I'm fuggin furious.

 

[thomas]

REferringto the legality of requiring a helmet....The question is also we have more evidence that helmets would save more lives in cars (more effective than airbags) than on cyclists - would we consider a driver not wearing a helmet repsonsible for their own injuries. Giving the burns in some injuries would we penalize them for no fire retadant clothing?

Maybe we should all wear motorcycle crash helmets then

 

[Nortones2]

Decisions of the High Court do not set precedents. Has anyone seen the full judgement? It would be rare for a HC judgement to be reported, however. I read the article this morning, but its only an article. It would be interesting to see how much weight was given to "expert" opinion if any.

 

[Radius]

:?: Like the post Radius-very good

Why thank you

 

[Yorkshireman]

Decisions of the High Court do not set precedents. Has anyone seen the full judgement? It would be rare for a HC judgement to be reported, however. I read the article this morning, but its only an article. It would be interesting to see how much weight was given to "expert" opinion if any.

More information here :-
http://www.ctc.org.uk/DesktopDefault.aspx?TabID=5180

 

[ufkacbln]

Maybe we should all wear motorcycle crash helmets then

Would offer more protection in this type of accident!

Designed to function at higher impact speeds an energies............

 

[ufkacbln]

PS I would take the rape analogy even further.

A closer example would be that it is the woman's fault if she became pregnant bythe rapist for not being on the pill!

 

[Nortones2]

Thanks Yorkshireman! Clearly the justice was unconvinced by the relevance of current helmet standards to incidents of this type. The Sunday Times article overstates the opinion of Justice Williams. Its his opinion, and not necessarily binding. I'd also take issue with the concept that a "medical practitioner" could pronounce whether a given helmet could prevent a given injury. More likely a combination of trauma specialist and structural engineer!

 

[HJ]

Maybe we should all wear motorcycle crash helmets then

Why not try of a quick ride? You will very quickly realise why it is a silly idea...

 

[jonesy]

Thanks Yorkshireman! Clearly the justice was unconvinced by the relevance of current helmet standards to incidents of this type. The Sunday Times article overstates the opinion of Justice Williams. Its his opinion, and not necessarily binding. I'd also take issue with the concept that a "medical practitioner" could pronounce whether a given helmet could prevent a given injury. More likely a combination of trauma specialist and structural engineer!

Someone with expertise in collision investigation would help.. a field not, to my knowledge, covered in normal medical training.

 

[HJ]

Thanks Yorkshireman! Clearly the justice was unconvinced by the relevance of current helmet standards to incidents of this type. The Sunday Times article overstates the opinion of Justice Williams. Its his opinion, and not necessarily binding. I'd also take issue with the concept that a "medical practitioner" could pronounce whether a given helmet could prevent a given injury. More likely a combination of trauma specialist and structural engineer!

Agreed, it is just more sloppy journalism from the Sunday Time, would we take this as seriously if it was in its sister paper The Sun? Justice Williams is just another old wind bag determined to show us that the law is an ass. If he had reduced the compensation paid, it would soon be overturned on appeal.

 

[Bollo]

Someone with expertise in collision investigation would help.. a field not, to my knowledge, covered in normal medical training.

The ambo driver who attended my incident seemed to possess all the necessary qualifications as he held forth on how it was all my fault because I rode sans helmet. Except for the complete lack of any head injury he might have had a point.

I've always steered away from the rape analogy even though its popped into my noggin on occasion. There be monsters.

 

[asterix]

There are a lot of arrogant people around, some are judges and some others drive ambulances. A rotten egg can fit any eggbox.