The highway code states that on all journeys, the rider and pillion passenger on a motorcycle, scooter or moped MUST wear a crash helmet. Those helmets must also be of construction which complies with the regulations and be properly fastened.
In the case of O’Connell V Jackson, the innocent moped driver sustained serious head injuries when he was negligently knocked off his moped. Unfortunately, as he was not wearing a helmet he did not receive 100% of the compensation that he would have been entitled to. The Court decided that he had contributed towards his own injuries as they would have been less severe had he been wearing a crash helmet. (this is know as contributory negligence). The moped drivers’ compensation was therefore reduced by 15% for failing to wear a helmet.
In another case of Capps V Miller, a motorcyclist was wearing a helmet, but as had not fastened the helmet properly, it came off during the accident. As a result he sustained very severe head injuries and brain damage. His contributory negligence was found at 10% for failing to fasten the helmet properly, meaning his compensation was reduced by 10% and he received 90% of what his claim was actually worth.
Motorcycle riders should always wear a crash helmet, it’s a legal requirement and can prevent or reduce serious head or neck injuries. If motorcycle riders or there passengers fail to wear a helmet and are involved in a motorcycle accident claim, then if the helmet would have prevented or reduced there injuries then they will be found to have partially contributed to their own injuries (contributory negligence) – this means that anyone failing to wear a helmet will receive a percentage reduction from there damages. The amount of the injury claim will be reduced by will depend on the particular failure – i.e. failure to fasten the helmet, failure to wear an appropriate helmet or failure to wear a helmet etc.
