Will jacket be compulsory?

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Thursday, March 05, 2009
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This is Bristol

One personal injury lawyer believes that the new motorcycle airbag jackets could help save millions of pounds in insurance and benefits claims, and potentially avert corporate manslaughter charges against bikers' employers.

Nicola Winslett, of SAS Daniels in Cheshire, said that while the issue of even a minor injury is still serious, the new airbag-deploying biker jackets should be encouraged, or even supplied by employers and insurers.

She said: "As an extreme, the new Corporate Manslaughter Act says employers have a duty of care over the safety of staff; that includes ensuring employees wear appropriate protective clothing and use a roadworthy vehicle."

"It could be argued that an airbag jacket is as essential as a crash helmet on the grounds that the most complete possible array of safety equipment must be employed. One could argue that to ride without an airbag jacket is not taking proper care of your own safety – this is what the law says on seatbelts, and for helmets with regard to motorcycles and pedal cycles.

"In financial terms, as the consequence of a motorcycle accident, if the severity of injury is reduced then so is the value of the claim, hence there is a possibility of reducing premiums and saving the insurance industry millions of pounds – both for the accident victim and the person causing the accident.

"Potentially, it could save millions if you work on the premise that most motorcyclists are youngish working men and hence breadwinners or family providers.

"A severely injured man who can't work again could be looking at a six-figure claim, whereas a relatively minor injury that kept him out of work for only a few days could result in a claim of a few hundred pounds.

"I believe there is also the potential for a saving to central government on DSS benefits, such as incapacity benefit or disability living allowance and so on."

The lawyer outlined further possible outcomes of compulsory use of the jacket.

"Then there is the issue of contributory negligence for the riders," added Nicola. "You could argue that to ride without an airbag jacket is not taking proper care for you own safety – so if you don't wear one, and get catastrophically injured, you might lose, for example, 25 per cent of the value of your claim.

"That might make you more dependant on state funding for your care than you would have been had you been prudent and worn the jacket – hence a cost to central government that is potentially avoidable.

"In terms of hospital treatment, at the moment, the NHS claims back the costs of certain elements of medical treatment from insurers, and that's only for claims for which there is a third party liability; that is, it excludes accidents that were the rider's fault." "There could be significant saving for the NHS if those who were severely injured and hence in hospital for long periods of time, were to be less severely injured.

"There was a time when seatbelts and crash helmets were seen as being optional, and freedom was rated above safety. But passenger car standards have advanced so far that safety features are key influencers in a purchase – the only safety options for motorcyclists are a helmet and passively protective suit.

"This would be the first genuinely active safety feature for motorcyclists."

The points she has raised reveal the potential of the jacket becoming adopted by the Government and organisations such as the police. If the idea that all bike jackets must have a built-in airbag become widely seen as a way of cutting injuries and associated insurance costs, then the day they become compulsory could soon be dawning.

What do you think about this issue? Email your thoughts to h.mottram@bepp.co.uk and we might be able to feature them.

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