Bicycle accidents can be physically and emotionally traumatic, leaving riders uncertain about their legal options. If you weren’t wearing a helmet at the time of the accident, you might be wondering if this will affect your right to compensation.

In Brisbane and across Queensland, the short answer is: Yes, you can still make a claim, but there are several important factors to consider.

This article provides insight into how compensation claims are handled in these situations and what you need to know moving forward.

Helmet Laws in Queensland

Queensland law requires all cyclists, regardless of age, to wear an approved helmet whenever riding on public roads or footpaths. If you are found not wearing a helmet, you could face a fine.

While the law emphasises safety, failing to wear a helmet does not automatically disqualify you from seeking compensation if you are injured in an accident.

However, it can complicate your claim, especially if the other party or their insurer argues that your injuries were made worse by the absence of a helmet.

Understanding Contributory Negligence

When a cyclist is not wearing a helmet during an accident, the concept of contributory negligence often comes into play. Contributory negligence means that while another party may have caused or contributed to the accident, the injured person’s own actions (or inactions) also played a role in their injuries.

In the context of a bicycle accident, an insurance company or opposing party might argue that not wearing a helmet worsened your injuries.

For example, if you sustained a head injury, they may try to reduce the compensation you receive, claiming the injury could have been prevented or minimised with a helmet.

Even with this argument, you are still entitled to pursue a claim. The important question will be whether the absence of a helmet directly contributed to the injuries you sustained.

How Compensation Might Be Affected

In cases where the court finds contributory negligence, the amount of compensation awarded may be reduced.

For example, if the court determines that not wearing a helmet contributed 20% to the severity of your injuries, the compensation you receive could be reduced by 20%.

It is important to note that contributory negligence only applies to injuries that would have been affected by wearing a helmet—such as head trauma.

If your injuries are unrelated to head protection, such as a broken arm, spinal injury, or road rash, the absence of a helmet should not impact your compensation for those injuries.

Proving Fault and Injury Causation

To make a successful compensation claim, it’s essential to show that another party was responsible for the accident. This could be the driver of a vehicle, a pedestrian, or even a local council if poor road conditions played a role.

The burden is on the injured cyclist to demonstrate that the other party’s negligence caused the accident.

When it comes to helmet-related issues, the focus will be on causation—specifically, whether the injuries you sustained were the direct result of the other party’s actions.

If the accident would have caused the same injuries even if you had been wearing a helmet, contributory negligence may not apply. Medical reports, accident scene photos, and witness statements are often crucial in establishing this.

For example, if you suffer a broken collarbone after being struck by a car, the lack of a helmet is unlikely to affect your claim. However, if you experience a head injury, the other party’s insurance may scrutinise the role of the missing helmet.

What You Should Do After a Bicycle Accident

If you’ve been in a bicycle accident, there are a few important steps to take—even if you weren’t wearing a helmet.

1. Seek Immediate Medical Attention: Even if you feel fine, injuries such as concussions or whiplash can develop later. A medical report will also serve as key evidence for your claim.
2. Report the Accident: Contact the police to report the incident, especially if another vehicle was involved. This will create an official record of what happened.
3. Gather Evidence: Take photos of the scene, your injuries, and any property damage. Collect witness contact details if possible.
4. Keep Track of Medical Expenses: Record all out-of-pocket costs, including medical bills, rehabilitation, and any loss of income. These will be part of your compensation claim.
5. Consult with a Lawyer: Navigating a compensation claim can be complicated, especially if the other party argues contributory negligence. A lawyer, like Steven Gething at Morgan Clifford Compensation Lawyers can provide guidance on the best way to handle your case.

Helmet Use and Compensation: Every Case Is Unique

Every bicycle accident is different, and so is every compensation claim. Whether or not your compensation will be reduced because you weren’t wearing a helmet depends on the specific circumstances of the accident and your injuries.

In many cases, the absence of a helmet may only have a limited impact, especially if your injuries are unrelated to your head.

The key is to gather strong evidence showing that the other party’s negligence caused the accident and that your injuries would have occurred regardless of whether you were wearing a helmet.

Even if contributory negligence is a factor, it doesn’t mean you should avoid pursuing your claim—it just means the outcome may involve a negotiated reduction in compensation.

Can I Still Make a Claim If I Wasn’t Wearing a Helmet?

If you were injured in a bicycle accident in Brisbane and weren’t wearing a helmet, you are still entitled to seek compensation.

The absence of a helmet may raise issues around contributory negligence, but it does not automatically disqualify you from receiving compensation.

Your right to fair compensation will depend on the specifics of the accident, the extent of your injuries, and the ability to demonstrate fault.

No cyclist plans for an accident, and whether you wore a helmet or not, you deserve to have your rights protected. By taking the proper steps and seeking legal guidance, you can navigate the process with confidence and work towards the compensation you need to recover.

Contact Steven today.  It costs nothing to weigh up your options.