As the cold weather hit Ontario, many commuters were surprised to see cyclists continue to brave the temperatures as they travel along the streets. While dressing for the weather seems like a given, not all cyclists are wearing helmets. This begs the question: am I legally required to wear a helmet while riding my bicycle?
The answer to this question depends on the cyclist's age and the type of bike. In Ontario, cyclists aged 18 and older are not legally required to wear a helmet, unless they are riding an e-bike.
However, cyclists under the age of 18 must wear an approved helmet. Parents and guardians must ensure that their children under 16 wear a helmet while riding a bicycle, riding in a child carrier, or riding in a bicycle trailer.
While adults aren't legally obligated to wear helmets unless they are riding an e-bike, cyclists encountering injuries while riding might encounter legal hurdles in seeking compensation, especially in cases of bicycle accidents. This is because of the legal concept known as "contributory negligence."
Contributory negligence occurs when an injured person's negligence contributed to their own injuries. If a court finds that an injured person's negligent conduct played a role in bringing about their injuries, the court may reduce the amount of money awarded to the injured person.
In bicycle accidents involving motor vehicles, if the motorist is deemed at fault, the court may consider the cyclist's lack of helmet as a factor contributing to the injuries.
If the court found that the motor vehicle driver was 75% responsible for the injuries and the cyclist's failure to wear a helmet was 25% responsible for the injuries, the court may reduce the amount of money awarded to the cyclist by 25%.
It's crucial to understand that wearing a helmet doesn't guarantee injury prevention. Therefore, the absence of a helmet doesn't automatically imply cyclist negligence in contributing to their injuries.
However, regardless of who is responsible for an accident, wearing a helmet serves as an important precautionary measure that cyclists can take to minimize the risk of head injuries.
So, before you head out on the roads this winter, make sure you and your loved ones are properly protected with an approved cycling helmet — and no doubt some warm winter gear!
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
