Lifestyle: Last year, the Schleswig Higher Regional Court gave a cyclist who had an accident 20 percent of the blame for the consequences of the accident, although the driver involved in the accident was solely to blame. The reason: The
Cyclist was not wearing a helmet. On June 17, the Federal Court of Justice (BGH) will decide whether this judgment is valid.
The General German Bicycle Club (ADFC) takes a clear position and expects the Federal Court of Justice to reverse the judgment and reject the cyclist's complicity. "It's paradoxical", according to ADFC national manager Burkhard Stork, if it is only determined by a court that the victim is not at fault for the accident and then the blame for the consequences of the accident is passed on to the victim. That's why the ADFC supported the cyclist in the appeal process and worked to ensure that she wins the process."
According to the case that the judges in Karlsruhe should rule against the plaintiff, a wave of further lawsuits is to be expected. Accident victims could then find themselves forced to ward off significantly higher reductions in their claims for damages. The negative decision would mean that cyclists would be forced to wear helmets in order to be able to assert full claims for damages in an emergency.
Stork considers a general obligation to wear helmets to be disproportionate. “Cycling is not a high-risk sport, but healthy exercise in everyday life. The helmet is recommended for children, the elderly or particularly sporty drivers. But the helmet does not prevent accidents and is greatly overrated as a safety concept. The safety of cyclists improves primarily through intelligent cycle path concepts and, above all, through attentive drivers."
How the court will decide will be clear after June 17th. At this point we will inform you about the verdict.