Author: Ryan Alkenbrack

As a regular cyclist, a topic that I like to revisit as we approach the end of winter and the start of spring (hopefully sooner than later) is bicycle safety. Common sense tells us that wearing a helmet can significantly reduce the risk of injury or death for bicyclists if they are involved in a crash. Many studies have shown the reality of how significantly helmets reduce the risk of injury to cyclists.

In 2018, Alena Høye, at the institute of transport economics in Oslo, Norway, conducted a meta-analysis[1] of studies regarding bicycle helmets and injuries. A review and comparison of 55 studies, conducted from 1989 to 2017, showed that the use of bicycle helmets reduces the rate of head injury by 48%, serious head injury by 60%, traumatic brain injury by 53%, face injury by 23%, and the total number of killed or seriously injured cyclists by 34%. The report concluded that wearing a helmet is highly recommendable, especially in situations with an increased risk of single bicycle crashes, such as on slippery or icy roads.

Despite the clear benefits of wearing a helmet, many people continue to choose to ride without one. Statistics Canada published findings in the 2017 health report Cycling in Canada[2]. Which states that of 12 million cyclists age 12 or older, just 42% reported “always” wearing a helmet. For cyclists between ages 15-24, only 25-28% answered that they “always” wore a helmet. Although this is low, this figure has more than doubled since 1994, showing that positive change and progress can happen. We should all do our part to promote the use of helmets to help reduce the risk of bicycle injuries in our communities.

The Law in Ontario
In Ontario, the Highway Traffic Act (HTA) is the legislation that regulates the use of bicycles. The HTA requires riders under 18 to wear an approved bicycle helmet. For riders under 16, a parent or guardian must take steps to make sure the youth wears a helmet. The HTA also prohibits riding bicycles within pedestrian crosswalks at intersections. Reviewing the Province of Ontario website[3] (and the HTA) can provide helpful information regarding Ontario's laws and general bicycle safety to ensure you and your family are more protected while out on the road.

Contributory Negligence Cases
Unfortunately, whether you are wearing a helmet or not, bicycle collisions do occur. If you are injured in a crash with a motor vehicle, you can bring an action against the at-fault driver for compensation for your injuries.

However, even if the other driver is at fault, an injured cyclist be partially liable for their injuries if they did not take reasonable safety precautions such as using a bicycle helmet, paying attention to the road, or failing to follow the rules of the HTA; this is the concept of contributory negligence. Because of contributory negligence, the amount of compensation a rider can receive for their injuries can be significantly reduced. There have been several cases in Ontario and other provinces regarding contributory negligence for cyclists. In some cases, the court has found that an injured cyclist is 30-65% responsible for their injuries, effectively reducing their compensation by that proportion.

When it comes to cycling, it is essential to ensure that you and your family are taking steps such as wearing a helmet and abiding by the rules of the road to increase your safety.

Taking reasonable steps to protect yourself from injury will also mean that you will have a greater chance of receiving higher compensation for your injuries in the unfortunate event you are involved in a collision. If you are involved in a collision, you should contact a personal injury lawyer to discuss your options as soon as possible; they will be able to assist you through what can be a very complicated legal process.