Nürnberg –
If you cycle without a helmet, you do not have to be responsible for head injuries after a car accident through no fault of your own. This is shown by a judgment of the Nuremberg Higher Regional Court (Az .: 13 U 1187/20), about which the ADAC reports.
In the city a driver wanted to turn right and overlooked a cyclist. As a result of the collision, the woman fell and suffered severe head injuries. She did not wear a bicycle helmet. She asked for damages and compensation for pain and suffering from the driver’s insurance. But they only wanted to approve this in part.
The insurance company was of the opinion that the injuries would have been much less severe if a helmet had been worn. However, the court clearly saw the driver to be responsible for the accident, and the insurance company had to pay in full. It therefore presupposes considerable negligence if a cyclist who is driving straight ahead is overlooked at an intersection in broad daylight.
Since there is no compulsory helmet for cyclists in Germany, not wearing a helmet does not result in contributory negligence. This could only result from an existing general traffic awareness with regard to wearing a helmet. According to the court, this is not the case because a lot of cyclists ride without head protection.
© dpa-infocom, dpa: 201022-99-38081 / 2 (dpa / tmn)
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