Helmets and Compensation

[Twiggy]

Would a medical expert really be properly qualified to assess the protective qualities and quantities of various helmets?

 

[asterix]

I work with neurologists, neurosurgeons, neuroradiologists etc. I can safely say that (in general) their understanding of the risk/benefit analysis with regards to the use of helmets in cycling is (in general) a big fat zero. They understand how to fix things, but when it comes to understanding the mechanics/physics behind traumatic brain injury their knowledge falls to general public levels. There are exceptions but they are rare.

Unfortunately I have had rather a lot of recent experience of neurosurgeons and such like. None of them felt in a position to comment on the merits of cycle helmets other than to say it was better to cycle than to become an overweight couch potato.

It surprised me how many people have serious back problems chiefly because they are overweight.

 

[HLaB]

I see the CTC have got in on the story now, it lends a bit more credence to the story unfortunately:

A High Court judge has concluded that cyclists who suffer head injuries when not wearing a helmet may not be entitled to full compensation if it can be shown that a helmet would have reduced or prevented their injuries. He then awarded cyclist Robert Smith full compensation, ruling that his particular injuries (which arose from a collision with a motorcyclist) would not have been prevented by a helmet. However, the judge’s general conclusions are alarming, particularly since they were reached without hearing any of the contested evidence about the overall effectiveness of helmets. CTC will seek legal advice on how and when we can best challenge his finding. More information on the ruling, including comments from CTC Solicitor Paul Kitson can be found on our website.

 

[ufkacbln]

Christ I'm gonna turn into Cunobelin.

I have a helmet but I don't wear it walking down the road. If I get hit by a car will I be guilty of contributary negligence?

Anyway FWIW I don't trust BR (where are the supporting views from BC and the CTC etc?) and even if the report is accurate a judge's opinion is not law. Easy enough to get a ruling overturned if it is wrong in law.

The story is a complete journalists ****-up. He is spinning it to get it published. I quote: ' the motorcyclist was fully liable.'

I knew I could convert you!

 

[HJ]

Would a medical expert really be properly qualified to assess the protective qualities and quantities of various helmets?

For the NHS view on cycle helmets see here.

Reading the CTC report the key line is

A High Court judge has concluded that cyclists who suffer head injuries when not wearing a helmet may not be entitled to full compensation if it can be shown that a helmet would have reduced or prevented their injuries.

I have yet to see a cycle helmet which prevents the rider from being struck by another road user.

 

[Cyclenut]

He's said that damages could be reduced if you can show that a helmet would've lessened the injuries. I don't think this is helpful (or right - it's blaming the victim - does it apply in rape cases?).

Indeed so. In a Radio4 documentary on rape the other day it was said that in the eyes of Police/CPS/Juries: "alcohol is the new short skirt".

In cynical moments I often think that our situation is not so very different. A cyclist daring to use a main road (i.e. where motorists don't expect to come across such an obstruction) is "asking for it" in just the same way as a woman having a drink or three at a party. And as for neglecting to wear a helmet: how neatly that equates to showing a bit of thigh!

As cyclists we are just one of several potential victim groups that British law hardly even attempts to protect. You doubt it, google "Anthony Maynard".

 

[gavintc]

Indeed so. In a Radio4 documentary on rape the other day it was said that in the eyes of Police/CPS/Juries: "alcohol is the new short skirt".

In cynical moments I often think that our situation is not so very different. A cyclist daring to use a main road (i.e. where motorists don't expect to come across such an obstruction) is "asking for it" in just the same way as a woman having a drink or three at a party. And as for neglecting to wear a helmet: how neatly that equates to showing a bit of thigh!

As cyclists we are just one of several potential victim groups that British law hardly even attempts to protect. You doubt it, google "Anthony Maynard".

Very sad story. I presume you knew him.

 

[ufkacbln]

The wbsite is partially down now, so the cycling part is not there but the Government's Hedgehog road safety site states that knee and elbow protectors should be worn as well!

As for their new Tales of the Road it is simply victim blaming and using scare tactics.

Before his leg was bent backwards
He loved to play football all day
But the boy didn't cross in a safe place
Where he could see cars come his way

He then didn't stop, look and listen
A car hit him at quite a pace
And now he cannot play football
'Cos his leg broke in more than one place

.... and as for:

Coming Soon........

Should you fall and hit the dirt
A helmet stops you getting hurt

It then on one page lists the injuries you will recieve crossing the road and how they will affect you such as

Broken fingers - can't play computer games for 4 weeks

3 cracked ribs - can't run around

All nicely done with a background noise of fast cars passing!

 

[FelixStarsofsky]

I have just bought a bike, and before I will take it for a spin, i will definately be buying a helmet. I plan to cycle about 20miles to work and 20miles back a day along a road that is a bit hilly and can be a bit busy on "rush hour" times. The fact I know the road does have its dangers of high hedging beside the roads on corners, a few blind summits and a 60mph speed limit, means I would be mad not to wear some sort of head protection and high vis clothing.
If I was to take a smally ride to the local Co-op then I might by-pass it as the risks are a lower, although the wee innocent old ladies in the village can become wreckless hooligans behind the wheel of a Micra.
I do think that making it compulsory for cyclists to wear helmets is going to far, but I do think that if someone is silly enough to ride on a road that has more dangers than your average then it is their choice and they can not have complaints if something goes belly up. If i hit some black ice and came off my bike and incurred a head injury, I would only have myself to blame. If I was hit by a car coming out of a junction that did not see me and knocked me off my bike and I had chosen not to wear a helmet, then it makes things more tricky. If it was to come to compensation, as so much in this world comes to that, I would not expect an equal pay out as a person who was wearing a helmet.

 

[4F]

but I do think that if someone is silly enough to ride on a road that has more dangers than your average then it is their choice and they can not have complaints if something goes belly up.

Why should we have no complaints ? Is it acceptable for others to behave on the road in a way that endangers others ?

Driver education is the way forward, not endless safety clothing / wear

 

[ufkacbln]

Why should we have no complaints ? Is it acceptable for others to behave on the road in a way that endangers others ?

Driver education is the way forward, not endless safety clothing / wear

Wherein lies the problem - rather than train the motorists we make their victims wear protection......... its cheaper and easier.

 

[FelixStarsofsky]

It is definately not acceptable for other road users to behave in a way that endangers others and drivers chould be educated more on the hazards cyclists face so they can be more considerate towards us.

I retract my comment about having no complaints if someone else is envolved in my accident, but i do still think that is I was to fall off my bike on ice, or loose gravel and get a head injury I would only have myself to blame.


It's a good thread topic this one. I can see cases for both sides.

 

[4F]

It is definately not acceptable for other road users to behave in a way that endangers others and drivers chould be educated more on the hazards cyclists face so they can be more considerate towards us.

I retract my comment about having no complaints if someone else is envolved in my accident, but i do still think that is I was to fall off my bike on ice, or loose gravel and get a head injury I would only have myself to blame.


It's a good thread topic this one. I can see cases for both sides.

Fair enough