Contributory Negligence And Helmet Use: Recent Updates To The Law In Ontario

Although it is agreed that a properly fitted bicycle helmet may reduce the impact of head injuries, the helmet is considered to be the last line of defence available to a vulnerable road user when being struck down by drivers who navigate a two-ton high-speed machine. The first and foremost focus of road safety should always be to ensure contact is avoided and that drivers follow the rules of the road, reduce speed and avoid distractions. Municipalities should also build safe infrastructure that allows safe riding and driving for all. Despite the fact that the primary cause of road violence falls in many cases with drivers and governments, it does not mean that when they cause serious injury or death, they will not seek to try to limit their responsibility by asserting what is called the "helmet defence" against the injured or killed cyclist. In Ontario, the defence has very little success and is difficult to prove. That being said, it is something that all riders