Kids, Helmets and our Responsibilites as Parents and Caregivers
By Darcy Merkur, Partner at Thomson Rogers
Everyone, regardless of age or experience, should wear a helmet when riding a bicycle (or any sport that requires a helmet!…skiing, snowboarding, hockey, skating,…etc.)
It is an unfortunate truth that serious bicycle accidents can commonly result in significant brain injuries for cyclists. Helmets are a proven way to reduce the risk of sustaining a serious brain injury amongst all cyclists, including children.
Law makers have recognized the benefits of helmet use, and that is why cyclists under 18 years old are required by law to wear helmets. What parents may not know is that they are legally responsible for ensuring that their child wears a helmet when cycling until the child turns 16 years old. The law states that a parent or guardian should not “authorize or knowingly permit” a person under 16 years old to ride a bicycle without a proper bicycle helmet.
Any modern bicycle helmet you purchase will be legally acceptable but if you happen to be using an older helmet, be mindful of the fact that the helmet must come with a chin strap that is securely fastened under the chin to comply with the law.
In addition to the heartbreak of watching a loved one suffer with injuries that could have been prevented by wearing a helmet, parents should know that not requiring their children to wear helmets could have legal consequences as well.
For instance, in circumstances where a child has been injured and was not wearing a helmet, then the parents can be implicated in a lawsuit. In other words, if a child riding a bicycle is hit by a car, even if the driver has caused the accident, the driver can, in response to any lawsuit against them, sue the parents for allowing their child to ride the bicycle without a helmet.
In addition, insurance companies can use the fact that the cyclist was not wearing a helmet to argue that the cyclist was “contributorily negligent” for the severity of their injuries. The insurance company may use this argument to try to reduce the the amount of money they pay in compensation for your child’s injuries, saying that a helmet would have reduced the severity of the injuries. For example, if you suffered a brain injury in a bicycle accident and weren’t wearing a helmet then the insurance company of the person that caused the accident may only have to pay you 90% (or less) of what you deserve in compensation.
This applies to adults and children, although the law does appreciate that toddlers and very young children cannot be considered personally responsible for their actions.
As a parent, I know that it can be difficult to “force” your kids to do anything much less wear a helmet. While adults are not technically required to wear a helmet, as parents we should lead by example and always wear a helmet as well.
These days children use other mobility devices like scooters. Teach your kids to wear helmets at all times even when riding up the street on their scooter. Lead by example and do not let them ride without wearing a helmet.
We strongly encourage all parents to let their kids know that they must wear a helmet when riding a bicycle. Doing so will provide an important layer of protection in the event of an unfortunate accident, and it could also make it easier to obtain the full amount of compensation that you deserve.
The lawyers of the three PIA Law member firms are experienced at dealing with the unique aspects of pediatric personal injury claims. We are focused on obtaining the financial resources that children and their families will need for the future, while also working with doctors and health specialists to ensure that injured children recover and reach their full potential. For more information, see our firm’s profile on the EHK platform.
Everyday Heroes Kids is grateful to our sponsors at www.pialaw.ca for their support in helping us to connect families to paediatric care and resources.
