The chairmain of a leading brain injury charity has called for all cyclists to wear helmets, and says that the Welsh Assembly should debate a change in the law.
Andrew Harding,chairman of Headway, wrote a piece on Wales Online, weighing into the helmet debate. He suggested that costs to the NHS could be lowered if all cyclists don a lid.
He wrote: "As a lawyer specialising in head and brain injuries, I represent many clients who have suffered serious brain or spinal injuries, some of whom have been injured whilst cycling, and see the devastating effects it can have on their lives.
"Arguments are also fought over whether wearing a cycle helmet should be a matter of personal choice – an opinion voiced regularly by Mayor of London and avid cyclist, Boris Johnson. Yet what is usually disregarded in this argument is the impact that a brain injury could have on the victim’s family and friends as well as the cost to us all in NHS treatment."
Mr Harding also notes that increasingly cyclists who do not wear helmets might receive lower compensation payments and different outcomes in court cases than those who do have one on at the time of an accident.
He wrote: "In legal terms, all cyclists should note that if they are involved in an accident, contributory negligence (meaning that an accident victim could be partly at fault for their injury) is increasingly being taken into consideration by insurance firms and judges if a cyclist was riding without a helmet when the accident occurred."
Mr Harding has asked that the Welsh Assembly consider legislation in favour of cycle helmets.
He cites Northern Ireland and Jersey, two places where cycle helmet legislation has been considered.
As we reported at the time, in Jersey, laws to make helmets compulsory either for all cyclists in public places or just for under-18s were proposed to the island’s parliament, the States, by Deputy Andrew Green, a long-time campaigner for compulsion after his son suffered a brain injury after coming off his bike in 1988 when he was aged nine.
The motion to make it compulsory for all cyclists was defeated by 25 votes to 24, while that in favour of applying it to under-18s was carried by 32 votes to 16.
But in Northern Ireland, a bill to make helmets compulsory ran out of time, amid widespread lack of interest for the move.
Roger Geffen, CTC Campaigns Director told Road.cc: “Neither the DUP nor Sinn Féin – the two biggest parties in the Assembly - were interested in the Bill. The DUP felt that this would be legislation intruding into areas of life where it doesn’t need to go especially as they accepted that cycling is not a particularly dangerous activity. They also took on board our evidence that compulsory helmet use would seriously undermine cycle sales and the cycle tourist industry.
But Mr Harding thinks there might be more success in Wales for the proposal. He wrote: "I have recently spoken to one Assembly Member who thought that this was already law in any event, such was the obvious sense and necessity of the proposal."
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86 comments
Head injuries are the leading cause of death for car occupants. Why aren't we debating a helmet law for them?
Cycling is safe, people are capable of deciding when to wear a helmet, a gentle 8mph pootle is very different from a day in the alps.
Fatalities in the main occur when involving vehicles, the advocates of compulsory wearing, are in imo focusing on the wrong target simply because it is easy. Car manufacturers could do so much more to make the exterior of cars safe, and the government could inject real revenue into cycle schemes and road safety.
By making things compulsory we strip away peoples freedom of choice, and their obligations of showing civility and respect for others, an ability to make judgement on risk and ownership.
As a species we are very good at preventing injury to the head, in fact I have done a lot in my life which could be considered dangerous, all of which without a government body telling me how to do it in respect to safety, each time you look at the situation and you make a decision, that's what keeps you alive, the worst head trauma I have suffered was walking through a door.
Think very carefully about making anything compulsory, it is a death by a thousand cuts, eroding your freedom, helmets today then where, one need only look at the stunted childhoods of today compared to the past, all in the name of perceived safety. Nations love control and would prefer all citizens to be as dependent as children, as does their bed partner of big business. What could be more dangerous than people of independent thought, who are self sufficient, where is the control or revenue stream in that. A far better route is real education, not scare mongering, and let people make a choice. There is as always an elitist approach to policy that only those at the top are somehow imbued with any level of intelligence to make decisions, that we are somehow deficient and need to cared for as we know no better.
I respect that sentiment Dave.
As both motorist and cyclist numbers increase, particularly in congested cities, it is clear that safety measures must continue to adapt to suit. What frustrates me is that many of the people who represent or support the various cycle-safety lobby groups have an exceptionally blinkered view and, as a result, offer nonsensical arguments which inevitably attract ridicule rather than serious consideration. Whether one believes that the solution lies in helmet compulsion, segregation, strict liability, or a combination of all such measures, matters not one jot if the arguments are as fundamentally flawed as some of the comments above.
Fair enough Dave, another well reasoned and well made point... if only everyone else was so sensible
I give up.
It's almost as if most posters leave the ability to reason as soon as they click onto a story about helmets.
Dave is pretty much the only person backing up argument with actual statistics and in the end I agree that being legally required to wear helmet's probably won't help. However helmets laws for children should be encouraged.
Dave, if the two main things that can help cycling safety in this country are:
1) strict liability laws that change driver habits and
2) better infrastructure
what is road.cc doing about it? I know that's probably an unfair question but if those are the two things that can really really help why not start a national campaign jointly with someone like CTC to try and get strict liability laws on the political agenda? Drafting up a letter than readers can print and sign and send to their local MP that outlines the benefits to everyone (not just cyclists) and asks them to consider the matter may help to move this from something a few charities talk about to something MPs talk about.
Likewise, why not campaign to the DfT for greater provision for alternative means of transport. At the minute having a dedicated portion of their budget for cycling provision is 'ok' at best, it means that all that money is filtered into a couple of token projects that don't benefit most of the people riding bikes. Why not campaign for a strict %age of the budget for a single project to be used for alternative transport provision? If every new road project had to use even 2% of it's budget for things like the provision of segregated cycle lanes wouldn't this mean a broadly similar spend on these things but a greater consideration for cyclists when planning new infrastructure?
I know it's not really down to single websites to fix all of our woes, but why not do something to help?
A law changing the burden of proof in road collision cases such that there would be strict liability on the motorist is pie in the sky thinking.
I can't be bothered digging out my texts, but a quick wiki search proves a decent enough summary of strict liability. In short, "strict liability is the imposition of liability on a party without a finding of fault ... The law imputes strict liability to situations it considers to be inherently dangerous". The anti-compulsion lobby would be somewhat torn in having to argue that cycling was, in fact, inherently dangerous after all! Good luck with that!
Moreover, were motorists to be made subject to a strict liability law, the defences and mitigation arguments available to them would rapidly be further explored in courts and would, as a result expand. Mitigation factors such as failure to wear helmets, as already accepted in Smith v Finch, would be expanded upon. Those arguing that body armour is the next logical step on from helmets may see this becoming an actuality, as lawyers defending motorist work harder to overcome the burden of strict liability. That doesn't sound like a forward step at all to me.
My understanding was that strict liability was about fault for causing the accident (driver has assumed fault unless proven otherwise) and not necessarily a guarantee that the driver was at fault for all of the injuries. That way if the cyclist was not explicitly at fault then the driver is deemed responsible for the accident but then mitigating factors such as helmet use may come into play on claims of injury etc.
Am I wrong?
That way the driver has to prove they were not at fault protecting the cyclist and perhaps encouraging safer driving but to get full compensation for their injuries a cyclist would still have to take reasonable action to protect themselves (high-vis clothing, helmet, lights).
Seems like common sense but as most of the above proves, no-one cares about common sense when they can argue the toss over something.
a couple of things:
1) these are my views. they're not road.cc's views. road.cc is comprised of a number of people of whom i'm one; we differ in our opinions about stuff. we're broadly in agreement that helmet compulsion is a bad thing and strict liability would be a good thing. as an aside, on strict liability:
cars are inherently dangerous when in proximity to cycles, and cycles are inherently dangerous when in proximity to pedestrians. that's what the 'inherently dangerous' means there: it means that even when done properly, driving carries an inherent risk towards others due to the nature of the activity, and the same is true of cycling in a lesser sense. it doesn't mean 'cycling is dangerous', it means 'cars are dangerous' or, in the case of bikes and peds, 'bikes are dangerous'
anyway, onwards. we have different views on segregation and infrastructure here, and different habits when it comes to helmets. i wear one nearly all the time; tony hardly ever does. we don't really have a tightly formulated road.cc stance on all this. which is fine, because...
2) road.cc is a consumer website. it's not a lobbying body. there are plenty of lobbying bodies for cycling already; some (me included) would argue too many. we're here to highlight what's going on and give people a forum to discuss the issues. we do, and have, get behind causes and campaigns that we believe benefit cyclists in the UK and we do, and have, highlight legal decisions/commments/campiagns that we feel are detrimental, such as the comments of the chap that started this thread off. that's not to say we won't ever run our own campaign, or one in association with someone else, in the future, and your suggestions are worth thinking about. but as you can see above, we don't all agree on this stuff and it's good to have somewhere to discuss it. as soon as road.cc is firmly pro-this or anti-that, people might feel that their views aren't valued, which they are.
Your impartiality and objectivity on this is duly noted and appreciated. It makes a nice change from some of the vitriol.
This despite the fact that it appears that helmets would need to be considerably redesigned in order to offer significant benefits to children?
Is there any evidence that helmets prevent largely prevent traumatic brain injury in children, and how much does this preventive effect stack up against the injuries caused to children by helmets?
you're kind of missing my point here, which is that a helmet compulsion law won't make cycling safe and accessible. making cycling safe and accessible requires significant time and investment, and preferably a change in driving culture. we shouldn't 'do nothing', we should do the things that will make a positive difference, working towards the goal of making cycling safe and accessible. campaigning for helmet laws, as far as i'm concerned, isn't one of them. campaigning for strict liability is, as it would be an influence on driver behavour.
that's not borne out in any accident statistics i've ever seen from countries with good segregated infrastructure. why not? i'm not sure. probably because most of the motorists are cyclists too.
Hands up ....who's from Wales then...?
It's your assembly that's being pushed to debate this issue not the English or Scottish Govs.
What's the collision stats for Wales then involving cyclists...?
Firstly ....no such thing as an 'accident'', it's an incident or collision that takes place.
In my line of work as a Forensic Collision Investigator... when a cyclist is involved its the norm for the trunk or leg to sustain the majority of trauma. So from the incidents that I've attended a helmet saves the person from secondary strikes or post impact injuries. Unfortunately the laws of physics are always going against the smaller mass in a collision, and that usually means the cyclist....unless he hits a pedestrian or another cyclist.
However, the cyclist will always be vulnerable as he has no metal shell to cocoon himself in ( or herself, sorry)....
But some don't help themselves as we all know...loads of quotes about red light jumpers etc but I see more of cyclists struck from behind or from the sides....now this stems predominately from the driver not being able to judge his vehicle width or just plain careless driving...
Not so long ago( February) I went to a collision on the A46 outside of Coventry at 5am...merc van hit a cyclist...cyclist, wearing a dark team Lycra outfit, dark carbon bike, no reflectors or lights wore a helmet....cyclist very poorly after being hit at 60mph...helmet perfect, not a scratch.
Wouldnt have made any difference.......
Make helmet wearing compulsory and tell me who is going to enforce it...? Don't look at the police...we don't even routinely patrol anymore and most forces have or will soon be losing their traffic cops.....
Touch paper lit....
Just wear the bloody things and stop being a bunch of childish selfish fools.Brain injury is shitty i have it and its no joke.Hay you can take a horse to water but you can't make it drink!Just carry on about Holland etc perfect world and all that.When you wake up in intensive care as i did you will wish you had not been such a prat.Trust me all the shite will go out of the window and the fits memory loss will be with you always.I wish all you could walk in my shoes for a day.I know it would make you all wear a lid but carry on Bitching fools.Of course it will not happen to you so disregard all the above no problem.I still ride but waking up in an Ambulance after being found at the side of the road after a seizure is trying believe me.Carry on big boys i wish you the best and many years of cycling.
cavmem - I'm not sure who the anti-helmet brigade are. No one seems to be anti-helmet here. The issue is one of whether helmet wearing should be compulsory. That's a different thing altogether.
Pro team riders go very fast and ride close together. Accidents do happen under those competition conditions. That is why wearing a helmet is a good idea in competition.
As for glove wearing, I can testify that having had a few slides down the road at various times I know why wearing gloves is a good idea when cycling.
Regarding body armour and leg and arm protection, statistics do show that the greatest number of injuries to cyclists are of limbs. On that basis it seems to me that there is a greater case for compulsory use of hand, arm and leg protection than for helmets. And therefore anyone who says helmets are important for day to day cycling should place hand, arm and leg protection as an even higher priority. To do otherwise is to contradict the claims made for the use of helmets in day to day riding. I don't understand how anyone saying benefits are so important cannot say leg and arm protection is even more so.
Facts and statistics on the helmet debate are summarised here:
http://beta.ctc.org.uk/files/cycle-helmets-evidencebrf_1.pdf
There is a full online reference for helmet evidence here:
www.cyclehelmets.org
Roger Geffen
Campaigns & Policy Director, CTC
Seems that the mere action of being on a bike these days is enough to invoke a cry of "contributory negligence" should you have the misfortune to be hit by another road vehicle
A defendant is entitled to make whatever pleas he wishes. However, if such pleas are entirely unmeritorious, the defendant is likely to upset the court and be penalised on costs.
For such a plea to be upheld requires a meritorious argument.
i take it all those who do not wear a helmet also don't wear gloves either. as it has never been proven that wearing gloves protects your hands if you come off-its just accepted. i wear a helmet and personally do think they are worth while. to use examples of what other nations who have a cycling culture do is pointless; as there just isn't the same culture here. we currently live in a culture where cyclists are misunderstood and veiwed by a collective as inferior. although education is merited it will take a protracted period of time. i have read with interest the comments from the anti helmet brigade- quoting freedom of choice etc. i still cannot find a comprehensive argument fielded by them. but if this did become law do people seriously mean to say that they will stop cycling. i don't think so. if so can i get a pinerello dogma off one of them at a good price.
one final question- if there is no benefit to them why do they wear helmets in pro teams? am i to believe that the peleton is more dangerous than a city centre in rush hour? if that is the case why don't they wear full body armour?
@cavmem1:
a) No one is trying to force anyone to wear gloves.
b) Yes, the pro peloton is in fact *much* more dangerous than a city centre. They *cruise* along at a speed that most common-garden cyclists would struggle to maintain for more than a short sprint. Just look how frequently pro cyclists get serious injuries, and compare to it UK statistics or your own experience.
I wear gloves - I take it you mean padded mitts - to prevent vibration from the road sending my hands to sleep. It works for the first 100k or so.
Mitts are comfortable and provide a continual benefit. Helmets are not and do not.
oh, and strict liability.
I'm with paul, btw. helmets are just a red herring. if you want to know how to reduce cycling casualties you don't need a science degree or a mastery of statistics, it's pretty simple: go to the places where cycling casualties are lowest and look at what they do. what do they do? separate cyclists and give them high quality infrastructure, make cycling a traffic priority in cities and foster a culture of cycling as transport, not as sport.
people still ride on the roads over in the low countries, and we all know how fanatical they are about their racing over there. but most people who ride just ride bikes because it's safe and easy to do so. the self-selecting sample of people who'll comment on a website such as this one are massively unrepresentative of the people we want to reach here. let's not forget that. this isn't about people who'd describe themselves as 'cyclists' - it's just about bikes as a viable transport option, for everyone.
Sounds like Thompson, Rivara and Thompson - not the world's greatest scientific study, by all accounts.
There's a stronger argument for compulsion among children, who account for a disproportionate number of the casualties and are more likely to be involved in accidents that helmets are designed to protect against, eg simply falling off. Plus, they're kids and we should be able to tell them what to do
It's not a cop out - event insurance for bike rides includes a helmet clause as a matter of course. If it helps, I have seen policy documents. Also worth considering that in a sportive you're more likely to be involved in the kinds of accidents that helmets are designed to withstand.
Dave: What is the wording in the policy then?
I havn't looked into the casualty stats on children, so I don't know to what extent they're over-represented. However, from the Australian data, we know helmet laws have a significant impact on children cycling. Pre-teen & teen girls being one demographic that really gives up on cycling, IIRC.
Still, compulsion laws should be based on firm evidence - not fuzzy feelings. Particularly if you want to tell /other/ people's kids what to do.
The case for helmets compulsion for children being beneficial to public health is as unfounded as that for adults. Indeed, given that we're starting to realise that childhood obesity has life-long consequences, the case /against/ childhood compulsion possibly may be even more compelling than for adults.
"Research has shown that cycle helmets can save lives, and can reduce the risk of head and brain injury by up to 88%." Says Mr Harding in the original article but no where does he give a reference to what research. In my experience anybody that does this is not worthy of notice as the research could be a total fiction dreamed up to support their auguments. Oh and I wear a helmet for protection if I come off when I hit a loose dog etc. But I object to the myth it will protect me from a car.
From the link above...
"Griffith Williams J in Smith v Finch found that the impact speed exceeded 12.3 mph and so he could not be satisfied that a helmet would have made any difference. This is a common theme in that no Court has yet found that a helmet would have made a difference in any particular case."
From the same judgment;
"there can be no doubt that the failure to wear a helmet may expose the cyclist to the risk of greater injury; such a failure would not be “a sensible thing to do” and so, subject to issues of causation, any injury sustained may be the cyclist’s own fault and “he has only himself to thank for the consequences”".
I don't have the facts of the case to hand but, presumably, the relative speed of the unprotected head at the point of impact produced forces greater than those for which the standard helmet is rated. The fact that the defendant in this case was unable to prove that a helmet would have offered protection does not outweigh the judge's clear opinion that such a mitigation plea is available. The judge's words "there can be no doubt ..." are surprisingly strong!
I've timed it; on average it takes me 4 seconds to put my helmet on and take it back off again. Can't see that being too off-putting.
If parents wear helmets, their children will see it as first-nature to wear them and will not be troubled by the vanity concerns that afflict some unfortunate folk.
Boris bikes are the anomaly.
Have you timed how long it takes to put on body armour, leg and arm protection? I'm just curious. It seems to me that if you're keen on wearing a cycle helmet when riding on the roads because you see a perceived risk that can be partially averted, then you have to agree that additional protection to those bits of the body shown by extensive reasearch to be subject to a much higher risk of injury in the event of a cycle accident should also be protected.
ANyone who is keen to wear a bicycle helmet for road riding should surely be keen for arm and leg protection, perhaps even more so as the risks of injury are signficantly higher.
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