My helmet came off

I was involved in a motorcycle accident in the autumn when a car struck me while I was filtering through traffic. I am currently pursuing a personal injury claim and the other party’s insurer has asked whether I was wearing a helmet, as I sustained facial as well as other injuries.

They suggest that my compensation should be reduced on the basis that either (a) I was not wearing a helmet or (b) if I was, it was not properly fastened, as it came off during the accident.

I was wearing a helmet, although I am unsure how it came off. While I can provide evidence that I had a helmet on, how can I demonstrate that it was securely fastened? Is it likely that my compensation will be reduced in these circumstances?

Jean, London

Answer

Research has indicated that helmets can come off in a notable proportion of motorcycle accidents, with one European study suggesting this occurs in around 13% of cases. While this may sometimes be due to poor fit or issues with the chin strap, it is also possible for properly fitted and secured helmets to come off in certain impacts.

In the case of Capps v Miller, the court found that a rider’s failure to fasten a chin strap amounted to contributory negligence, resulting in a 10% reduction in compensation. However, the burden of proving contributory negligence rests with the defendant.

Accordingly, you are entitled to reject any proposed reduction and require the insurer to prove that your helmet was not properly secured. You should maintain that you always fastened your helmet correctly unless there is clear evidence to the contrary. There may be mention of the helmet in the police report which could assist.