There are divergent opinions among cyclists about wearing a bicycle helmet: While proponents praise it as a real lifesaver, opponents argue that wearing it encourages riskier behavior. In addition, the headgear is seen by many as embarrassing, uncomfortable and aesthetically questionable.
But what does it look like after an accident? Do cyclists who do without a helmet have to be held liable for head injuries after an accident? The Nuremberg Higher Regional Court (AZ: 13 U 1187/20) dealt with this question.
What happened?
While turning, a car driver overlooked a cyclist who then collided with the vehicle and suffered serious head injuries when she fell. Thereupon you asked the driver for damages and compensation for pain and suffering. His insurance company argued, however, that the woman had not worn a bicycle helmet. If she had done so, the injuries would have been much less severe – the insurance company therefore only agreed to pay part of the compensation and compensation for pain and suffering.
The judgment
However, the OLG Nuremberg did not follow this view. “At least in everyday cycling, not wearing a helmet is still no contributory negligence on the part of the injured cyclist. There is still no general public opinion of the content that cycling is an activity that is generally so dangerous that only those who wear a helmet behave properly, ”the court stated.
In Germany there is still no obligation to wear a helmet – accordingly, not wearing it could not result in contributory negligence. There is also no general traffic awareness when it comes to wearing a bicycle helmet, as a large number of cyclists are still on the road without head protection. According to a survey by the Federal Highway Research Institute, only an average of 18 percent of all cyclists wear a helmet – the rate is particularly low among adults.
As a result, the unfortunate cyclist does not have to be held responsible for the accident. The insurance company must therefore pay the woman the entire amount of 20,000 euros in damages.
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