The Austrian Supreme Court (OGH) has published a significant ruling on road safety. According to this ruling, e-bike riders who suffer a head injury in an accident through no fault of their own and were not wearing a helmet will in future be required to consider this circumstance as contributory negligence. This means that the compensation they receive from the other party involved in the accident or their liability insurance can be reduced accordingly.
Martin Hoffer, Head of the ÖAMTC Legal Services, commented on this decision and pointed out that the Supreme Court had already ruled similarly in similar cases involving racing cyclists and motorcyclists without protective clothing. In those cases, too, the lack or inadequate availability of protective equipment was considered to mitigate damages.
Although there is no general helmet requirement for e-bike users in Austria, they now face financial consequences in the event of an accident involving head injuries without a helmet. The ÖAMTC therefore strongly recommends wearing a helmet whenever riding an e-bike. It is also expected that a similar ruling could be introduced for electric scooter users in the foreseeable future.
The Supreme Court classifies wearing a helmet while riding an e-bike as a so-called obligation, a standard of care that average road users should observe when using such vehicles. While there are no penalties for not wearing a helmet during traffic checks, it is in one's own interest to ensure appropriate protective measures are in place. In addition to a helmet, these include highly visible clothing, reflectors, and functioning lighting; failure to do so will still result in administrative penalties.
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